1. PHYSICAL START-UP IN THE U.S.
AN OVERVIEW OF U.S.
IMMIGRATION LAW
Caroline E. Taylor, Attorney at Law
Caroline E. Taylor, LLC
3005 Lookout Place NE
Atlanta, Georgia 30305
Tel: (404) 814-4199
email: ctaylor@ctaylorlaw.com

2. IMMIGRATION OVERVIEW
• Initial Start-up: Travelling to the U.S. as a Business
Visitor
- what is permitted and what is not
• Temporary Work Visa Categories
- when a work visa is required
- best visa options
• Green Card Processing (Permanent Residency in the
U.S.)

3. B-1 Business Visitor Visa
• For business trips in furtherance of international trade which DO
NOT involve gainful employment in the U.S.
• Visa Waiver Program vs. Visa Processing
- Maximum length of stay: 90-day limit under the visa waiver
program/6 month limit under the B-1 visa
- Extension of Status: no extensions under the waiver
program/extensions available under the B-1 visa
- Convenience: Must apply for visa stamp at U.S. Consulate
for trips exceeding 90 days

4. B-1 Business Visitor Visa
• Permissible Business Visitor Activities
- Commercial transactions that do not involve U.S.
employment (e.g.,merchant taking orders for foreign
goods)
- contract negotiation
- installation, service or repair of commercial or
industrial equipment purchased from company outside
of U.S. and/or training of U.S. workers to perform
such tasks

5. B-1 Business Visitor Visa
• Permissible Business Visitor Activities
- attend meetings and consultations with business
associates
- litigation
- participation in business conventions, conferences or
seminars
- foreign corporate personnel to set up U.S. subsidiary
- independent research (may include interns going to
U.S. to observe business practices; if paid internship,
interns must be employed by foreign employer and
cannot be paid by U.S. employer)

6. B-1 Business Visitor Visa
• Impermissible B-1 purposes:
- working on behalf of U.S. company (regardless if paid by
foreign company)
- performing services in the U.S.
- sales expansion efforts
- management of U.S. enterprise

7. B-1 Business Visitor Visa
• Factors:
- clear intent to depart U.S. at end of stay
- seeking admission for sole purpose of engaging in
legitimate business activities, evidenced by specific
and realistic plans
- adequate financial resources
- strong business ties to foreign employer
- foreign residence that applicant does not intend to
abandon
- may not be compensated by U.S. source

8. Temporary Work Visa Categories
The Most Common Work Visa Categories
• L-1 Visa for Multi-national, Intra-company Transferees
- Beneficiary must have one year of Executive/Managerial experience (L-1A)
or Specialized Knowledge experience (L-1B) with an affiliate company abroad
within the last three years prior to the US transfer
-Special provisions for New Office/Start Up Situations
• H-1B Visa for Professional Workers
- Beneficiary must hold the equivalent to a US Bachelor’s degree through
education or professional work experience, and the position must require a
Bachelor’s degree
-Annual Cap on the number of first time H-1B visa holders

9. Temporary Work Visa Categories
The Most Common Work Visa Categories
• E-1/E-2 Treaty Trader/Investor Visas
-Sponsor must be Swedish owned and engage in substantial trade with the US;
Beneficiary must be Swedish citizen (E-1)
-Sponsor must be Swedish owned and make a substantial investment in a US
company; Beneficiary must be Swedish citizen (E-2)
• H-3, J-1 and Q Visas for Purpose of Career Enhancement and Training
• O-1 Visa for Persons of Extraordinary Ability in the sciences, arts, education,
business or athletics

10. Temporary Work Visa-Family Issues
• Spouses (married couples only) and children under 21 may
accompany the sponsored worker to the U.S.
• Spouses in E, L and J visa status ONLY may apply for work
authorization in the U.S.
• Sponsored Worker should consider green card processing
(applying for permanent residency in the U.S.):
– if spouse not authorized to apply for work authorization in non-immigrant
status (ex. spouse in H or O status)
– if children will reach the age of 21 while family in the U.S. (once child
reaches 21, they no longer have status as dependent family member in
temporary visa status)

11. Employment Based
Permanent Residency “Green
Card” Categories
• EB-1, First Preference Category: For Intra-
company managers: No labor certification
required.
• EB-2/3, Second/Third Preference Category for
Professionals: Labor Certification required to
prove no U.S. workers available for the job.
Substantial wait time for EB-3 category.

12. • EB-5, Fifth Preference Category for
Investors: Requires personal investment of
$1 Million (or $500K for economically
targeted areas) in a U.S. business & the
creation of at least 10 US jobs
– Pending Legislation for EB-6, Startup Visa
Category for Investors with $250,000 in
venture capital funding in a business that
creates at least 10 US jobs.

13. Immigration Law Summary
BEWARE:
• Visa requirements are based on voluminous federal regulations
and agency interpretations
• Applications are often denied due to small mistakes, such as the
implication that the employee may remain in the United States for
an unlimited period of time
• It is therefore, highly recommended, to involve an American
attorney specialized in immigration law in the visa application
process in order to avoid unnecessary delays and costs