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Could you please tell me what other types of visa (besides…

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Could you please tell me...
Could you please tell me what other types of visa (besides a H-1B) that a US-licensed attorney can obtain in order to start a law firm in the US?

Also, another immigration attorney said it is hard to start a new law firm and have the firm file a H-1B for the attorney. Is that true?
Submitted: 8 years ago.Category: Immigration Law
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6/23/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,027
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Yes, starting a law firm and then basically self-petitioning is very difficult because there really is no employer/employee relationship. We used to do that frequently, not just lawyers, but many other professions. No more since CIS has issued it's narrowly defined Memorandum regarding the factors that they consider in determining if that relationship exists for petitioning purposes.

If there is a law firm abroad, then they might qualify for an L1A executive/manager intracompany transfer.

If they invest a substantial amount of money in the practice then they may be eligible for a Treaty investor and obtain an E2 if from a treaty country.

 

To qualify as a Treaty Investor (E-2):

 

The investor (either a real or corporate person) must be a national of a treaty country.

 

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.

 

The investment must be a real operating enterprise. Speculative or idle investment does not qualify.

 

The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.

 

The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.

 

The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

  • 1. The Investment Cannot be Marginal.In other words, the investment must generate more than just enough income for the owner to make a living and must eventually be able to generate jobs in the U.S.
  • If the value of the business or the cost to start is less than $500,000, a minimum 75% investment is required.
  • If the value of the business of the cost to start is between $500,000 and $3M, a minimum of 50% investment is required.

. If the value of the business or the cost to start it over $3M, a minimum 30% investment is required.

 

The Department of State has a very comprehensive website that gives a wealth of valuable information. http://travel.state.gov/visa/temp/types/types_1273.html

 

Judith

 

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims,

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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