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Migration Advisory

There are more than 140 types of visas for the United States.
It is essential to evaluate the best type of visa based on the needs and perspectives of each case.

It is essential to carry out prior tax planning to analyze the implications of each type of visa.
The most common visas are work, investment and special skills. Not all of them lead to a permanent residency process.

There are dozens of different visas available in the USA, divided into several categories.
Despachatur summarized the ones we consider most important for our clientele. 

Pre-Immigration Tax Plan

Before starting any visa application, it is essential to analyze the tax aspects according to each person's situation and needs.

This is very important to avoid double taxation (in the country of origin and in the United States).
 
Likewise, it will be necessary to consider the implications of employment alternatives and their taxes, that of temporary and permanent residence and or just obtaining a work permit.

Visa L - Executive Transfer

L1A visas are granted to transfer high-level employees to work at a new or existing company in the United States.

It is a type of Visa that is based on a principle of temporality in which the employee can add value to both the headquarters and its subsidiary. Therefore, it must meet several requirements

Vision

O-1 visas are granted to individuals with extraordinary abilities who wish to immigrate to the United States.

They must demonstrate extraordinary abilities proven by their national and international success. They must demonstrate that they are part of a group of talented individuals in science, education, sports or business.

They are granted temporarily, valid for 3 years, renewable and do not require a sponsor or a job offer.

EB Class

Investment Visas

EB-5

EB-5 visas were created in 1993 with the aim of attracting foreign investors who would generate development and jobs.

In return for the investment and development of the enterprise, the Government grants permanent residence (Green Card) to the investor and his immediate family, including his minor children.

The United States Congress debates and renews these initiatives annually.

Green card! The American permanent visa

E-2

E2 visas are granted to citizens whose countries have commercial cooperation treaties in force with the United States.

Most countries in Europe and some in Latin America have these agreements in force (Brazil, Colombia and Peru do not have this agreement in force).

It is a type of visa similar to the EB-5, with lower investment requirements, which allows you to live and work in the United States, WITHOUT having permanent residency.

Valid between 2 and 5 years, renewable for another 2 years, as long as the company continues in operation

EB Class

Visas for Special Skills

EB-1

EB1 Special Skills Visas are awarded to outstanding individuals in science, arts, education, business or sports (athletes).

These visas aim to favor the immigration of citizens who contribute great value to North American society and, therefore, benefit from residency (Green Card).

For these visas, the evaluation process is severe, very demanding and usually takes several months. 
Visa issuance

EB-2

EB-2 visas are granted to professionals with exceptional skills, a higher education degree and more than 5 years of experience.

It may also be awarded to those who demonstrate exceptional abilities in science, arts or business and who meet at least 3 of the 7 required requirements.

 
For these visas, a job offer is required and this must be validated by the Ministry of Labor.

EB-3

EB-3 visas are granted to qualified workers with at least 2 years of experience or training.

Requires a minimum degree equivalent to a United States “bachelor’s degree.” It is for less skilled workers and requires much more time to process. They are planned to be granted to people from other countries to perform tasks that American citizens are not available to perform. In these cases, approval from the Ministry of Labor is also required.

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50 years of work in Business Internationalization and Immigration

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