President Trump has been in office for less than one week yet he has already followed through with many of his campaign promises that relate to immigration such as building a wall along our southern border with Mexico and temporarily halting visa issuance to nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Many people are concerned that Trump’s America First policy will lead to fewer opportunities for foreign nationals to enter the United States. However, Trump has been consistently clear that his new policies will be geared towards employment creation for American workers and there are many visas and paths to green cards which are grounded in employment creation. Some of these employment creation visas and green card paths have been recently expanded and Trump is likely to create new opportunities for those who will employ US workers in the near future.
Nonimmigrant Visa Options
- The E2 visa allows foreign nationals of certain treaty countries to obtain a visa to open or purchase a business in the United States so long as their business plan shows that will employ at least one US worker.
- The H1B visa is not often thought of as an employment creation visa but it can be employed by foreign nationals to set up a US enterprise and work in the United States.
- The L1 visa allows foreign companies to set up a new branch or purchase a US office and transfer their workers to the United States to manage or work for that branch office.
- Entrepreneurs who have an active role in a US start up company can now be paroled in to the United States (no visa required) for up to 5 years to manage that enterprise.
Green Card Options
- The EB1A green card allows outstanding business people who have made great business accomplishments to self petition for US residency.
- The EB1C green card category allows managers or executives of international companies that have offices in the United States to sponsor those business leaders for US residency.
- The EB2 NIW or National Interest Waiver category has recently been revamped and is now specifically geared to help foreign entrepreneurs who set up US enterprises and hire US workers obtain US residency.
- The EB5 green card for entrepreneurs allows those who invest a minimum of $500,000 in a US enterprise and employ US workers to obtain US residency.
I am hearing that it is likely that Trump will continue to support these job creation visas and green card options and we may even see some significant expansions of these programs in the near future. Trump has expressed that he wants to see manufacturing job flowing back to the United States and many manufacturers, both foreign and domestic, have announced their intents to return or expand in the United States. Trump has also expressed his desire for small and medium sized businesses to prosper so it is likely that we will see new employment creation visa programs introduced or current programs expanded and streamlined. This is a great time to be in business in the United States. Our firm has handled thousands of immigration cases and we believe that this new administration welcomes all who would want to make this country great. You can contact us for further assistance.