VISA AND IMMIGRATION

We handle business and immigration visa applications to the USA with our partner attorneys. We offer services related to immigration applications, immigration visas, establishing businesses during the immigration process, purchasing or managing different businesses or franchises, financial analysis, and business plan services. Our consultants support all your applications for American investor visa types (E-1, E-2), intra-company transfer visas (L1A-L1B), Green Card, and EB-5 programs. By using our immigration law services, you can obtain a professional work permit in the USA or a residency permit as an investor.

What are the types of visas?

A Visa: Diplomatic visa issued through diplomatic channels.

B Visa: Visas for business or tourism purposes, divided into B-1 and B-2. B-1 is for business trips such as conferences or training and does not allow operating a business in the USA but permits property purchases and contract signings, valid for up to one year. B-2 is for tourism or medical treatment, generally issued for up to one month but can be used multiple times within its validity period. If you own a house in the USA and prove permanent residence in your country, you can stay in the USA for six months per year with B type visas, now valid for 10 years.

C Visa: Transit visa.

D Visa: For crew members of ships and aircraft.

E Visa: For investors and traders.

F and M Visas: F visas are for full-time academic students; M visas are for vocational students.

G Visa: For diplomats involved in international organizations.

H Visa: For temporary workers.

I Visa: For members of the press.

J Visa: For exchange visitors.

K Visa: For fiancés or spouses of U.S. citizens.

L Visa: For intra-company transfers, allowing entry and exit for up to five years.

O, P, and R Visas: O and P visas for individuals with extraordinary abilities in sciences, arts, education, business, athletics; R visa for religious workers.

Q Visa: For practical training in learning about U.S. history and culture.

S Visa: For individuals providing critical information in judicial matters.

B1 – B2 VISAS

B1 – Business Visitor Visa

This visa is for temporary entry into the USA for business purposes such as professional meetings or conferences, generally valid for six months and falls outside the scope of immigrant visas. Consular officers may choose to issue a B1/B2 visa based on reciprocity.

Each family member’s application is reviewed individually, and each family member is granted an individual visa based on their application.

Generally, holders of B1/B2 visas are not granted work or study permits.

Exception: If the purpose of the visit is leisure or vacation, a B2 classification may be assigned for school enrollment. For example, if the primary purpose of the trip is leisure, part-time language courses may fall under B2. Academic program classifications are the responsibility of the Department of Homeland Security.

Duration of Stay

Issuance of the visa does not guarantee entry into the USA. Customs and Border Protection (CBP) officers determine the eligibility for entry and duration of stay. The visa’s validity does not correspond to the allowed duration of stay; the visa may be valid for 10 years, but the stay is generally limited to six months. The visa’s validity simply indicates the period during which the individual can travel to and apply for entry into the USA.

B2 – Visitor or Medical Treatment Visa

Individuals temporarily entering the USA for medical treatment can use the B2 Visitor Visa, valid for six months.

Each family member’s application is reviewed individually, and each family member is granted an individual visa based on their application.

Generally, holders of B1/B2 visas are not granted work or study permits.

Exception: If the purpose of the visit is leisure or vacation, a B2 classification may be assigned for school enrollment. For example, if the primary purpose of the trip is leisure, part-time language courses may fall under B2. Academic program classifications are the responsibility of the Department of Homeland Security.

Duration of Stay

Issuance of the visa does not guarantee entry into the USA. Customs and Border Protection (CBP) officers determine the eligibility for entry and duration of stay. The visa’s validity does not correspond to the allowed duration of stay; the visa may be valid for 10 years, but the stay is generally limited to six months. The visa’s validity simply indicates the period during which the individual can travel to and apply for entry into the USA.

Medical Treatment Requirements

Individuals seeking medical treatment in the USA must provide:

A local doctor’s report or statement detailing the need for medical treatment and why it is necessary in the USA.

Proof of an appointment for medical treatment in the USA, including the date and time, doctor’s name, and the clinic or hospital’s name.

Documentation from the USA hospital or clinic detailing the full or estimated cost of the treatment, including doctor’s fees, hospital charges, anesthesia, and all necessary services.

A letter from the USA doctor or hospital confirming the acceptance of payment terms and ensuring no USA funds will be used for the treatment.

Proof of sufficient funds to cover the treatment costs, including travel, accommodation, meals, and other related expenses. Accompanying individuals must also have sufficient funds for their travel expenses.

Investor Visa Requirements

E-2 Investor Visa

The E-2 Investor Visa is a non-immigrant visa type that allows citizens of treaty countries to enter the USA to manage and develop a business with a significant capital investment or to maintain an active investment. The investment must be substantial, committed, and not merely to earn a living. The investment must be active and the business must be real. As it is a non-immigrant category, the E-2 visa requires periodic renewal, typically ranging from 1 to 5 years.

E1 – E2 VISAS

The E visa category is for citizens of countries that have trade and investment treaties with the USA. Applicants may apply either through immigration offices or USA consulates based on personal circumstances. Under current laws, E-1/E-2 visa holders’ spouses can obtain work permits after entering the USA. E-1/E-2 visa holders must leave the USA upon completion of their work.

E-1 Trader Visa

The E-1 visa is for traders entering the USA to engage in substantial trade of goods, money, or services primarily between the USA and their home country, which must have an existing trade relationship with the USA. The applicant must be a national of the treaty country and must own at least 50% of the USA business. The trader must hold a significant position within the company, such as an owner, partner, manager, or key employee. Employees of joint venture companies can also apply for E-1 visas.

The trade must be ongoing, substantial, and international in scope. It cannot be used for new trade relationships.

E-2 Investor Visa

The E-2 visa is for investors coming to the USA to develop and manage their investment in a business. The investment must be substantial, active, and non-marginal. The investor must be a national of a treaty country and must own at least 50% of the USA business. Employees of joint venture companies can also apply for E-2 visas.

There is no minimum investment amount for the E-2 visa; it is determined through a proportionality test comparing the investment amount to the value of the business. The investment must create significant economic impact and job opportunities.

EB-5 Investor Visa

The opportunity to obtain a Green Card with a $500,000 investment continues. The USA Immigration Office grants Green Cards to individuals who invest in approximately 700 federally approved projects under the EB-5 Visa program, allowing investors, their spouses, and children under 21 to live and work in the USA permanently.

The minimum investment amount is $500,000, which is invested in a USCIS-approved project. The investment funds are held in a special account until the Green Card application is approved, after which they are used for the project. Investors must document the source of their investment funds.

Initially, a temporary Green Card is issued for two years. Upon successful project continuation, a permanent Green Card is granted. After five years with the initial card, investors may apply for USA citizenship. The principal investment can be recovered upon project completion.

F1 – F2 VISAS

Generally, any visa applicant entering the USA for a valid educational program requires a Student Visa.

Early application for visas is recommended to ensure students receive them in a timely manner. Students can apply for their visas as soon as they are ready.

Embassies and Consulates issue Student Visas no earlier than 120 days before the course start date. If an applicant applies more than 120 days before the start or registration date on Form I-20, the Consulate or Embassy will hold the application until the visa can be issued. Consular officers will use this extra time for the application process.

Under Homeland Security regulations, all new or initial students must enter the USA within 30 days or less before the start date on Form I-20. When planning travel, please consider these dates.

Students wishing to enter the USA earlier (more than 30 days before the program starts) must qualify for and obtain a visitor visa. They must declare their intent to study upon entry. Before starting any studies, they must file Form I-539 to change their status and pay the required fee, presenting the necessary Form I-20 to the Department of Homeland Security office. Please note that studies cannot begin until the change of status is approved.

Continuing students can apply for a new visa anytime, provided they maintain their student status and SEVIS records. They may enter the USA anytime before their classes start.

Work Eligibility

High school students with a Student Visa are not allowed to work.

Entry Information

If an applicant changes schools before their first entry into the USA, they must apply for a new visa with the I-20 from the new school.

If an applicant changes schools after beginning their studies, they must re-enter the USA with a valid student visa and the new I-20 (properly endorsed).

Duration of Stay

Issuance of the visa does not guarantee entry into the USA. Customs and Border Protection (CBP) officers determine the eligibility for entry and duration of stay. The visa’s validity does not correspond to the allowed duration of stay; the visa may be valid for 10 years, but the stay is generally limited to six months. The visa’s validity simply indicates the period during which the individual can travel to and apply for entry into the USA.

Visa Application Documents

Special Visa Application Documents for Grades 9-12 Public Schools

Special Visa Application Documents for K-12 Private Schools

Special Visa Application Documents for Private Colleges or Universities (F1, F2)

H1 VISA

Applicants must demonstrate highly specialized knowledge, typically requiring the completion of a specific course of higher education. This category includes fashion models and participants in government-sponsored research and development or production projects.

If an applicant wishes to work temporarily in the USA as a non-immigrant under USA immigration law, they need a specific visa based on the type of work they will do. Most temporary worker categories require the applicant’s future employer or agent to file a Form I-129 petition, approved by USCIS, before the applicant can apply for a visa. For more information, visit uscis.gov.

Individuals can apply for a temporary worker visa only after USCIS approves the employer’s Form I-129 petition. USCIS will issue a Form I-797 with the receipt number, required to schedule an appointment. Copies of Form I-797 and/or Form I-129 are not needed.

H1-B visas are only valid up to 90 days before the petition’s start date. Applicants cannot use the visa to enter the USA more than 10 days before the petition’s start date unless the visa is renewed with the same employer.

Applicants should be prepared to demonstrate the necessary professional skills and qualifications for the position.

J1 – J2 VISAS

The Exchange Visitor Program promotes educational and cultural exchanges between USA citizens and those of other countries. It offers a valuable opportunity to experience life in the USA.

For more information, visit http://j1visa.state.gov/ . Potential applicants can find everything they need to know about participating in the program and its specifics.

Under Homeland Security regulations, all new (initial) J exchange visitors and J2 spouses and dependents must enter the USA within 30 days or less before the program start date on Form DS-2019. This 30-day restriction does not apply to returning exchange visitors. Those wishing to enter earlier (more than 30 days before the program starts) must obtain a visitor visa, but this is generally not recommended.

Eligibility

The exchange visitor (J) non-immigrant visa category is for individuals approved to participate in USA exchange visitor programs. Applicants must first apply, meet the requirements, and be accepted into one of the Exchange Visitor Program categories through a designated sponsor organization. For those selected for Fulbright or other USA government-sponsored programs, please review the following link:

Visa Information for Family Members

The applicant’s spouse or unmarried children under 21 can apply for visas to accompany the applicant to the USA. If eligible, family members receive visas based on the applicant’s original visa. The primary applicant must demonstrate financial support for the family’s stay in the USA.

Generally, the spouse and/or children of the primary applicant are not allowed to work.

Children with family reunion visas can attend public or private schools.

Family reunion visas do not apply to legally unmarried couples. These individuals must apply for visitor visas.

When applying for a family reunion visa after the primary applicant has received their visa, the family reunion visa applicant must provide the necessary documents along with:

A copy of the marriage certificate and/or birth certificate proving the family relationship.

A copy of the primary applicant’s visa or official status document from USCIS.

A copy of the personal data page from the primary applicant’s passport.

The sponsor organization will create necessary DS-2019 forms for the primary applicant and other accompanying family members by entering their names into the SEVIS system. Each family member receives their DS-2019 form with their SEVIS number.

Exchange visitors are not permitted to work unless it is part of the approved exchange program.

Duration of Stay

Issuance of the visa does not guarantee entry into the USA. Customs and Border Protection (CBP) officers determine the eligibility for entry and duration of stay. The visa’s validity does not correspond to the allowed duration of stay; the visa may be valid for 10 years, but the stay is generally limited to six months. The visa’s validity simply indicates the period during which the individual can travel to and apply for entry into the USA.

L1 VISA

The L-1 visa allows managers, executives, and specialists of international companies to work at a USA office of their company. Current laws permit spouses of L-1 visa holders to obtain work permits after entering the USA. Some L-1 visa holders may qualify for Green Cards under the EB-1 Multinational Manager/Executive category.

To qualify for the L-1 visa, the applicant must have worked for a USA-affiliated company abroad for at least one continuous year within the last three years. Time spent in the USA cannot count towards this year.

The second requirement is a qualified ownership structure between the foreign employer and the USA company, typically through partnership or legal shareholding. Failure to meet this requirement can result in visa denial.

The third requirement is that the applicant must have worked as a manager, executive, or specialist at the foreign company and must transfer to a similar role at the USA company.

Applicants coming to open a new office in the USA can stay for only one year under L-1 status. After one year, the immigration center will carefully review the new company or office before extending the visa.

L-1 visa applications must be approved by the immigration center before the applicant applies at the consulate. If additional information is needed or further investigation is required, the consulate may delay or deny the L-1 visa application.

Managers and executives can stay under L-1A status for up to seven years. Specialists can stay under L-1B status for up to five years. Visas are initially granted for three years and extended in two-year increments. Individuals holding H or L visas for one year outside the USA can subtract this time from their total L-1 eligibility.

O1 EXTRAORDINARY ABILITY VISA

The O visa is for individuals with extraordinary ability in sciences, arts, education, business, or athletics, as well as those with a proven record of extraordinary achievement in the motion picture or television industry recognized nationally or internationally.

If an applicant wishes to work temporarily in the USA as a non-immigrant under USA immigration law, they need a specific visa based on the type of work they will do. Most temporary worker categories require the applicant’s future employer or agent to file a Form I-129 petition, approved by USCIS, before the applicant can apply for a visa. For more information, visit USCIS.

Individuals can apply for a temporary worker visa only after USCIS approves the employer’s Form I-129 petition. USCIS will issue a Form I-797 with the receipt number, required to schedule an appointment. Copies of Form I-797 and/or Form I-129 are not needed.

O2 applicants need a separate petition accompanying the O1 beneficiary.

O Visa is typically suitable for the following:

O1: Individuals with extraordinary ability in sciences, arts, education, business, or athletics, or those with demonstrated extraordinary achievement in the motion picture or television industry.

O2: Individuals accompanying an O1 artist or athlete to support a specific event or performance. The O2 worker must have critical skills and experience with the O1 that cannot be easily performed by a USA worker.

O3: Spouses or children of O1 and O2 applicants.

Eligibility

Applicants must demonstrate extraordinary ability with national or international acclaim in sciences, arts, education, business, or athletics and must be coming to the USA temporarily to continue work in their field. Extraordinary ability in the arts means a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. In sciences, education, business, or athletics, it means a level of expertise indicating that the person is among the small percentage who have risen to the very top of the field.

To qualify for “O” visa status in the motion picture or television industry, applicants must demonstrate a degree of skill and recognition substantially above that ordinarily encountered, indicating extraordinary achievement in the industry.

P1 VISA

The P visa is for individuals coming to the USA to perform as athletes, artists, or entertainers, either individually or as part of a group, recognized internationally or culturally unique.

If an applicant wishes to work temporarily in the USA as a non-immigrant under USA immigration law, they need a specific visa based on the type of work they will do. Most temporary worker categories require the applicant’s future employer or agent to file a Form I-129 petition, approved by USCIS, before the applicant can apply for a visa. For more information, visit  www.uscis.gov .

Individuals can apply for a temporary worker visa only after USCIS approves the employer’s Form I-129 petition. USCIS will issue a Form I-797 with the receipt number, required to schedule an appointment. Copies of Form I-797 and/or Form I-129 are not needed.

P-1 Visa for Individual or Team Athletes or Members of an Internationally Recognized Entertainment Group

P-1 classification applies if the applicant is entering the USA temporarily to perform at a specific athletic competition as an athlete at an internationally recognized level, individually or as part of a group or team.

P-2 Visa for Artists or Entertainers in Reciprocal Exchange Programs

P-2 classification applies to artists or entertainers entering the USA temporarily under a reciprocal exchange program between an organization in the USA and an organization in another country, to perform individually or as a group.

P-3 Visa for Artists or Entertainers Performing Under a Culturally Unique Program

P-3 classification applies to individuals entering the USA temporarily to perform, teach, or coach as artists or entertainers under a culturally unique program, individually or as part of a group.

Visa Information for Family Members

The applicant’s spouse or unmarried children under 21 can apply for visas to accompany the applicant to the USA. If eligible, family members receive visas based on the applicant’s original visa. The primary applicant must demonstrate financial support for the family’s stay in the USA.

Generally, the spouse and/or children of the primary applicant are not allowed to work.

Children with family reunion visas can attend public or private schools.

Family reunion visas do not apply to legally unmarried couples. These individuals must apply for visitor visas.

When applying for a family reunion visa after the primary applicant has received their visa, the family reunion visa applicant must provide the necessary documents along with:

A copy of the marriage certificate and/or birth certificate proving the family relationship.

A copy of the primary applicant’s visa or official status document from USCIS.

A copy of the personal data page from the primary applicant’s passport.

Duration of Stay

Issuance of the visa does not guarantee entry into the USA. Customs and Border Protection (CBP) officers determine the eligibility for entry and duration of stay. The visa’s validity does not correspond to the allowed duration of stay; the visa may be valid for 10 years, but the stay is generally limited to six months. The visa’s validity simply indicates the period during which the individual can travel to and apply for entry into the USA.

GREEN CARD

Obtaining a Green Card for legal residency and the right to work in the USA remains a dream for millions. Besides providing permanent residency and work authorization, the Green Card also grants many social rights.

However, Green Card holders must adhere to specific rules and tax obligations. While the lottery and marriage paths are well-known, there are seven different methods to obtain a Green Card.

HOW TO OBTAIN A GREEN CARD

There are seven ways to obtain a Green Card, including investment, employment, marriage, family relationship, lottery, refugee status, and political asylum.

INVESTMENT PATH TO A GREEN CARD

There are two methods: establishing a business in the USA with a significant capital investment, creating new jobs, and contributing to economic development, or obtaining a Green Card through sponsorship by an employer bringing workers from other countries. The EB visa category is allocated 10,000 immigrant visas annually for this purpose.

To qualify for a Green Card through the EB visa, specific conditions must be met, such as creating at least 10 jobs. Investors aiming for a Green Card through capital investment should be prepared to invest between $500,000 and $1 million. Investments in any region of the USA require $1 million, while investments in developing or designated areas require $500,000.

EMPLOYMENT PATH TO A GREEN CARD

Individuals with exceptional professional skills, internationally recognized talents, or extraordinary abilities can obtain a Green Card. This category includes a wide range of professionals, from artists and researchers to translators and religious workers.

MARRIAGE PATH TO A GREEN CARD

Marrying a USA citizen allows an individual to obtain a Green Card after a certain process. The American citizen must reside in the USA, and the marriage must be genuine. Due to fraud and arranged marriages, immigration authorities are very cautious, requiring applicants to pass sincerity and authenticity tests.

FAMILY RELATIONSHIP PATH TO A GREEN CARD

USA residents with a Green Card can apply for their immediate family members. This process requires an application to the USA Immigration Office and completion of necessary forms. The final decision is made by the Immigration Office based on provided evidence.

LOTTERY PATH TO A GREEN CARD

The Green Card lottery is well-known and provides a high chance of obtaining a Green Card, as Turkey is included in the eligible countries. The lottery starts in October and ends in November, with applications submitted online through the US State Department. Annually, 55,000 individuals or families receive Green Cards through the lottery.

REFUGEE STATUS PATH TO A GREEN CARD

Individuals granted refugee status may receive a Green Card if they meet necessary conditions and are accepted by USA authorities. This process involves legal proceedings and attorney assistance.

POLITICAL ASYLUM PATH TO A GREEN Card

Individuals granted political asylum in the USA may obtain a Green Card. The conditions and qualifications for political asylum vary and are subject to legal processes.

USA CITIZENSHIP

To apply for and be accepted as a USA citizen, the following conditions must be met:

Be over 18 years old.

Hold a Green Card (3 years if married to a USA citizen, 5 years if not, with at least half the period spent living in the USA).

Have lived in the USA for at least 30 months after obtaining the Green Card (18 months if through marriage and still married).

Pass the citizenship exam (USA civics and English tests).

Take the oath of allegiance to the USA.

Have good moral character.

Reside in the application state for at least 3 months.