H-1B Visa is usually the first option people consider when planning to move to the U.S. to work in a special occupation. However, there is a limit on issuing H-1B Visa for every fiscal year. To learn the current H-1B Cap, visit [the website](https://www.uscis.gov/h-1b_count). There is another type of visa that coincides with the requirements and advantages of an H-1B Visa: An O-1 Extraordinary Ability or Achievement Visa. In addition, for O-1 Visa you do not need to wait for another year due to the limited number of issued visas. In this piece, we will explore the O-1 visa in-depth and explain everything you need to know about it, including its requirements, application process, and more! 

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- **What is an O-1 Visa?** 
- **O-1 Visa Eligibility Requirements** 
- **O-1 Visa and STEM** 
- **O-1 Visa Application Process**

The O-1 visa is a work visa for individuals with extraordinary abilities or achievements in sciences, education, business, athletics, arts, cinema, and TV. USCIS (United States Citizenship and Immigration Services) defined extraordinary ability or achievement as a rare standard and particularly high above the average personal asset. 

 ### O-1 Visa Eligibility Requirements
 
Unlike an H-1B visa, you do not need a bachelor's or higher degree to be eligible for an O-1 visa. However, bachelor's or higher degrees might still be asked from applicants who are professionals in the sciences, education, and business fields, as degrees could be prerequisites for documenting extraordinary abilities or achievements. 

The only qualification you need for O-1 eligibility is to prove your abilities or achievements through the ways USCIS finds acceptable. These ways vary and require you to submit documents that act as proof of evidence. The most important documents you can present as proof of evidence are internationally recognized awards such as Nobel, Pulitzer, etc., in sciences, business, and education; Olympic medals in athletics; Grammy, Emmy, Golden Globe, Oscars, etc. in cinema and TV. There are two kinds of O-1 Visas: O-1A and O-1B Visas. 

O-1A Visa is for the field of sciences, education, business, and athletics. In case you do not have such an award, extraordinary abilities, and achievements in these fields, you must meet at least 3 out of 8 USCIS [requirements](https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4) to be eligible for O-1A: 

- An award is of lesser importance compared to the awards mentioned earlier. The award could be recognized both nationally and internationally. 
- Membership in an organization that requires extraordinary ability or achievement for participation 
- Proof of considerable contributions to distinguished professional publications 
- Proof of significant contribution to your field of expertise 
- Proof of various academic articles in your field 
- Commercial success or a large salary for your work 
- Professional experience as a jury with which you have evaluated the works of your peers 
- Professional experience in an essential position in a reputable organization related to your field 
 
If you are a professional coming from cinema or TV, you may present the following documents as proof of your O-1B eligibility: 

- Starring in productions or events that have been promoted as distinguished in critical reviews, commercial promotions, media releases, etc. 
- National or international fame is evidenced by critical reviews or media publications in major newspapers, trade journals, magazines, etc. 
- Leading, starring, or being in an essential role for organizations and establishments of distinguished fame as evidenced by written pieces in newspapers, publications, testimonials, or trade journals 
- Resume of great commercial, critically acclaimed, or any other professional achievements as evidenced by television or online ratings, favoring critical reviews in leading magazines, journals, newspapers, etc. 
- Wide-ranging recognition from organizations, government agencies, critics, etc. that have expertise in your field of practice 
- Having a large salary for services you have performed, or will perform, as compared to other people in your field of expertise 
 
### O-1A Visa and STEM (Science, Technology, Engineering, and Math) 

Recently, USCIS updated its policy regarding criteria and evidence to determine eligibility for O-1A Visa, focusing on individuals in science, technology, engineering, or mathematics (STEM) fields. USCIS will consider the “totality of the evidence” to determine an individual's eligibility for the visa. This means that the evidence should support the individual’s claim as one of the few people who significantly impact their field of study. For example, some of the evidence could be as follows: 

- Publication of articles in highly ranked journals, 
- The applicant’s total rate of citation is relatively higher than others in the field, 
- Applicant’s employment or research experience with leading institutions in the field, 
- Receipt of unsolicited invitations to speak or present research at nationally or internationally recognized conferences in the field. 

Overall, USCIS provides an opportunity for individuals who work in STEM fields to present comparable evidence to prove their eligibility for O-1A Visa. 

### O-1 Visa Application Process

To apply for an O-1 Visa, you must have a job offer from an employer or manager in America. The employer or manager will act as your visa sponsor and start the application process by filing the [Form I-129 Petition for Nonimmigrant Worker](https://www.uscis.gov/i-129) by the USCIS. After filing the I-129 form, you will sign an employment contract with your employer or manager sponsor. 

You should manage the application process with a manager sponsor if you plan to work more than one job. For example, suppose you proceed with a manager who sponsors your O-1 visa application. In that case, you must submit a full list of the works that you will undertake in the United States to relevant authorities of the U.S. government. But on the other hand, whether your sponsor is a U.S. employer or manager, they will have to apply for an O-1 visa on your behalf. 

To prove that you are a prominent professional in your field of expertise, you should prepare a portfolio detailing the unique works you have performed. Given that you can work more than one job in the U.S. making ready distinct portfolios for each work you plan to undertake would be better. 

Besides portfolios, you must add to your application file the essential [consultation letter](https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-7) in some cases. Consultation letters can be obtained through leading U.S. peer groups, labor organizations, and professionals related to your field. These letters are expected to "describe your abilities or achievements, explain the nature of the duties you will perform, and state that your extraordinary abilities are required for the position offered." 

To sum up, the most essential documents to submit during your applications are as follows: 

- A job offer from an employer or manager in the US 
- A portfolio that consists of your works 
- A consultation letter written by the people who are leading figures in your field of study 

The result of O-1 applications is usually announced in four to six months. However, you may opt for USCIS's premium processing service, which can reduce your wait time to 15 days! In addition, the validity duration of the O-1 visa is three years, and you can ask for an extension for another year without any limit on the number of extension applications! 
 
#### WE ARE HERE TO PROVE YOUR TALENT!
 
At Grape Law, we successfully manage the application process of our customers. We know the risks you are taking and the labor you are putting into your career. Therefore, we value your journey and work to help you to realize your dreams. 

We are looking forward to answering your questions or attending to your inquiries regarding O-1 eligibility requirements, application documents, the application process, and more. Please do not hesitate to contact and reach us by email at info@grapelaw.com or schedule a face-to-face meeting on our website.

In this piece, we will explore the O-1 visa in-depth and explain everything you need to know about it, including its requirements, application process, and more! 

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O-1 Visa: Requirements on How to Apply 

The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories: 

- EB1-A: for people with extraordinary abilities 
- EB1-B: for outstanding professors and researchers 
- EB1-C: for multinational managers and executives
 
In this writing, we will explain EB1-A Green Card, its requirements, and application procedures. 

### EB1-A: Aliens of Extraordinary Ability
 
Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study. 

The essential advantage of the EB-1A is that it **does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL)**. In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process. 

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Once the individual obtains their EB1-A Visa, they qualify for a Green Card. In addition, the spouses and children of the individual (under 21 years of age) can also receive their Green Card through the individual’s EB1-A Visa approval.</div> 

### EB1-A Requirements: 
 
If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements: 

- The individual must have an exceeding ability in their field. 
- The individual is expected to continue working in the area of their expertise once they migrate to the U.S. 

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application: 

- A letter from their potential employer 
- A contract between the individual and a U.S. company expresses that the individual will work in the same field. 

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

- The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc. 

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent: 

- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence 
- Evidence of your membership in associations in the field which demand outstanding achievement of their members 
- Evidence of published material about you in professional or major trade publications or other major media 
- Evidence that you have been asked to judge the work of others, either individually or on a panel. 
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field 
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 
- Evidence that your work has been displayed at artistic exhibitions or showcases 
- Evidence of your performance in a leading or critical role in distinguished organizations 
- Evidence that you command a high salary or other significantly high remuneration concerning others in the field 
- Evidence of your commercial successes in the performing arts 

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

### EB1-A Application Process: 

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths; 

- Adjustment of Status 
- Consular Processing

#### EB1-A Adjustment of Status Application Process:

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications. 

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card! 

#### EB1-A Consular Processing Application Process:

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview. 

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently! 

**LET US HELP YOU TO PROVE YOUR ABILITY** 

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential. 

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing info@grapelaw.com or scheduling a face-to-face meeting on our website.

Unlike the majority of Employment-Based Green Cards, EB-1A Green Card “does not” require neither a job offer from employers in the U.S. nor a labor certification by the Department of Labor (DOL). EB-1A allows applicants to self-petition themselves and avoids long-processing times due to the labor certification process. 

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What is EB-1A and How to Apply?

People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country. 

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S. 

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business. 

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:** 

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders. 
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital. 
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone. 
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

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### Eligibility for Application:
 

E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option. 
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). 
 
### The Minimum Investment Amount: 

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business. 

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million. 

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

### Employment Creation in the U.S.: 

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits. 

### The Validity Duration: 

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term. 
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take. 
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

The difference Between E2 and EB5 Green Card

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E-2 and EB-5 - Key Differences

Becoming a U.S. citizen is a dream of many. Every year thousands of citizen candidates seek ways to obtain U.S. citizenship. This is because U.S. citizenship has various advantages that range from voting to running for office rights. Getting citizenship is also a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will weigh how you can become a U.S. citizen and provide ideas for your best way forward! 

**Birth in the US or Its Outlying Possessions** 

If you are born inside the U.S. or one of its outlying possessions, you are automatically granted U.S. citizenship! The outlying possessions of the U.S. are territories of Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands, and Guam. 

Birthright citizenship is as old as the United States, and it was constituted as a right in the Fourteenth Amendment: 

“*All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and the State wherein they reside.*” 

However, there is an exception to this right for children whose parents are foreign diplomats working in the U.S. at the time of the child’s birth. 

**Birth to Citizen Parent(s) – “Acquisition”** 

If you are born outside of the U.S. to a citizen parent or parents, you may “acquire” citizenship through your parent or parents. 

However, as the name suggests, you are not automatically granted citizenship at birth. Instead, to acquire citizenship through your parent or parents, you need to apply for a citizenship certificate by filing [Form N-400](https://www.uscitizenship.info/us-citizenship/citizenship-certificate/?r=usca-referral), Application for Naturalization. Moreover, the requirements for you to be eligible for acquisition differ according to the number of citizen parents you have. 

Please be reminded that the current laws regulating the requirements and procedures of acquisition are valid for children born on or after the 14th of November 1986. 

**If both of your parents were U.S. citizens at the time of your birth:** 

Your parents must have been married at the time of your delivery, and at least one of your parents must have lived in the U.S. before the birth. 

**If only one of your parents was a U.S. citizen at the of your birth:** 

Your parents must have been married at the time of your delivery, and the citizen parent must have lived in the U.S. for at least five years before dawn. Lastly, two years of the five years lived in the U.S must be after the citizen parent’s 14th birthday. 

**Naturalization** 

Naturalization is the process by which green card holders (with exceptions) of the U.S. can become a U.S. citizens. Paths to naturalization vary from applicant to applicant and, therefore, can be a long and confusing journey for some. There are multiple categories with which the citizen candidate can apply for U.S. citizenship. And eligibility requirements for naturalization vary according to the candidate's category. To reach the categories and look into their specific requirements, please see Citizenship and Naturalization. 
However, there are still standard requirements that every candidate must meet to be eligible for naturalization: 
 
*Listed requirements with a star symbol (*) means that there are exceptions to them based on military service * 
 
- The citizen candidate must be a Green Cardholder* 
- (The time you must spend as a permanent resident in the U.S. varies according to your category) 
- The citizen candidate must complete their category's wait time after the Green Card is issued* 
- The citizen candidate must be at least 18 years of age. 
- The citizen candidate must not take trips six months or longer outside of the U.S. during their designated wait time before naturalization application. 
- The citizen candidate must have been residing in the state s/he applies for naturalization for at least three months. 
- The citizen candidate must have a good moral character. Please see this PDF file to understand better 'what having a good moral character entails. (Starting with page 9) 
- The citizen candidate must accept to serve in the U.S. when called upon for national duty. 
- The citizen candidate must be willing to protect the Constitution of the U.S. 
 
To reach the categories and look into their specific requirements, please see [Citizenship and Naturalization](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization). 
 
You may also find this useful online [Naturalization Eligibility Tool](https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility) prepared by USCIS, automatically articulating your eligibility with criteria questions.

**Children of Parent(s) Who Completed Their Naturalization – “Derivation”** 

If you are born into the parent(s) who are naturalized, you may be eligible for naturalization through your parent(s). This is called “derivation,” as you ‘derive’ citizenship from your naturalized parent(s). To be eligible for derivation, you must be younger than 18 with a green card and be physically present in the U.S. under the supervision of your family. 

As we explained, there are numerous ways to become a U.S. citizen. Whether you are born in the U.S., born into a U.S. citizen or naturalized parents, or have a green card, you can be a U.S. citizen or get the chance to be one! If you know your status and how to proceed with your application, you will be officially recognized as an “American” and join the thousands of people whose dreams came true! 

We look forward to hearing from you with any questions and inquiries concerning becoming a citizen and cannot wait to be a part of your citizenship journey!

Getting citizenship is a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will weigh how you can become a U.S. citizen and provide ideas for your best way forward! 

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How to Become a US Citizen - The Ways of Becoming a US Citizen

As America is a federal state, the rules, regulations, and socio-economic and demographic factors for new business formations vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies. Therefore certain States draw more capital and investment than others. 

By evaluating different content from sources such as seeking capital and tax foundation and considering various economic, social, political, and demographic factors that play into the success and sustainability of business operations. We have selected the ten best states to **start your business in the United States**:

- Utah 
- Texas 
- Georgia 
- Colorado 
- North Carolina 
- Florida 
- Oklahoma 
- California 
- Montana 
- Wyoming 

This is not news; America is renowned for its business-friendly environment, where numerous start-ups are initiated each year, and companies become internationally recognized brands. This is because the U.S. has long been a center of investment and innovation in various sectors ranging from technology to media. It continues to attract business individuals and their projects by creating convenient immigration opportunities and viable financial incentives. Furthermore, through the continuous flow of investment and bright ideas, America can race past the world's leading economies. It can provide its citizens and nonimmigrant residents with various employment opportunities.

Read [Starting Your Business in the USA](https://www.grapelaw.com/2021/05/31/starting-your-business-in-the-usa/) on our blog.

In that regard, let’s explore how certain states spearhead this business diversity and sustain the leading position of the U.S. in business productivity! 

***Please be reminded that the states below are in no particular order.** 

##### Which State Should You Start Your Business? 

###### **Utah:** 

Utah is one of the prominent states that rank high on several factors for the success of start-up businesses. The steady increase in the working-age population, easy access to venture capital, and angel investors make Utah a “go-to place” for corporate foundations. Recently, companies in Utah have achieved a total of $1.16 billion and $11.5 million per entity in funding. This is in line with the growth rate of start-up companies in Utah which shows overall business success and creates abundant employment opportunities. 

Though Utah imposes corporate, individual, and sale taxes, they are at a comparatively low rate (4.95), enabling businesses to operate without the burdensome cost of taxation. 

###### **Texas:**

Texas is amongst the most popular states for entrepreneurs to start their businesses. This is because Texas doesn’t levy corporate or individual income tax, making the foundation of various company types easy and cost-effective. Besides, Texas rates high on venture capital investment with approximately $3 billion and has a dramatic 8 percent increase in the working-age population with 8 percent. These factors, together with the low cost of living and affordable property prices, allow beginning businesses to have a good start and prosper quickly in Texas.
 
###### **Georgia:** 

Georgia and Atlanta are leading the recent ascent of Southern states as beautiful places to start businesses. Though Georgia has corporate and individual income taxes, their rates are low. Furthermore, these taxes are compensated by factors such as the high venture capital investment ($10.2 million per company), being rated well above the average in population percentage that started a new business (with 0.42 percent), and entrepreneurs' share that started their businesses out of opportunity instead of necessity.

###### **Colorado:** 

Though Colorado doesn’t rate high on the venture capital invested in new businesses, it makes up for the lack of money with the early survival rate of its companies (81.12 percent). Besides, Colorado ranks excellent on the number of jobs created in the first year of start-up businesses with 6.45 and has a promising working-age population increase of 7.2 percent. Lastly, Colorado has one of the lowest corporate and individual income taxes throughout the United States, with 4.55 percent for each! 

###### **North Carolina:** 

One of the shining stars rising from the South, North Carolina’s venture capital invested in start-up businesses is one of the nation’s best, with $15.1 million per company. Easy access to capital and a solid 4 percent increase in the workforce enables Colorado businesses to have a survival rate of 81.2 and attract investors from both inside and outside the United States. This is strengthened by the fact that North Carolina has the third-lowest corporate income tax in America with only 2.50 percent, and one of the lowest individual income taxes with 4.99 percent! 

###### **Florida:** 

The admiral ship of Southern states, Florida, is renowned for its one of the lowest actual labor compensation costs per hour and “no individual income tax” policy. Though Florida levies corporate income tax (5.5 percent), its rate is comparatively low and doesn’t affect the fact that Florida has the highest population percentage of new entrepreneurs, with 0.46 percent. The prevalence of unique business formations also makes Florida one of the leading states, with start-up companies creating 6.41 employment opportunities annually on average. 

###### **Oklahoma:** 

Even though the working-age population increase in Oklahoma is only 0.7 percent, its venture capital invested in new businesses is quite impressive, with $4.39 million per company. Moreover, Oklahoma is prone to entrepreneurship, with 0.39 percent of its population, which is higher than the national average, starting a new business. Cost-efficiency of doing business in Oklahoma also makes it the third-best state in the rating of early business survival rate (81.51 percent). Lastly, Oklahoma has modest corporate and individual income tax rates, which are 4 and 4.75 percent, respectively.

###### **California:** 

The start-up heaven for Americans as well as immigrants, California is by far the leading state when it comes to venture capital investment amount. Thousands of new businesses are initiated yearly, yet California provides a fantastic $27 million per company in funding. 
Easy access to capital makes California an attractive hub for entrepreneurs whose population share is 0.45 percent. This rate is second-best in the country and designates the Golden State as a unique destination for start-up employment opportunities, with an average of 6.47 new jobs created annually. On the other hand, California's biggest and only downside is its high corporate and individual income taxes rates of 8.84 and 13.30 percent, respectively. 

###### **Montana:** 

What makes Montana great for new business formation is its favorable tax rates. Montana has a comparatively low corporate and individual income tax rate (6.75 each) and no state income tax! Montana's other critically important opportunity is its inexpensive yet qualified workforce. “[Montana has the second-lowest cost of real labor compensation at 31.56 per hour on average.](https://www.seekcapital.com/blog/best-states-to-start-business/#mcetoc_1dnvsb17sb)"

###### **Wyoming:** 

When it comes to being tax-wise business-friendly, no other state beats Wyoming as it levies neither corporate nor individual income tax at all! This makes the entrepreneur share rate of Wyoming's population one of the highest in America (0.45 percent). Though the working-age population of Wyoming is declining, it achieves a solid amount of venture capital investment per company. It has one of the highest early business survival rates, with 81.66 percent. 

As we explained, starting a new business in the U.S. is a multifaceted journey with many factors contributing to the entrepreneurs' final decisions. Though America is a business-friendly country and supports local and foreign investments to improve its economy and create new employment opportunities, it is still a federal state with 50 different governments, making the business-formation processes much more challenging. 

In that regard, it is best to consult an expert team of U.S. business law professionals to assist you throughout this long and bumpy road. As Grape Law Firm PLLC, we are here to be the experienced and quality legal assistance you need and can't wait to tend to your questions and inquiries. Please don't hesitate to send your emails to **info@grapelaw.com** or schedule a meeting via our [Calendly](https://calendly.com/grapelaw) calendar!

As America is a federal state, the rules, regulations, and socio-economic and demographic factors for new business formations vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies.

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The Best States to Start Your Business in the US

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is very important before your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is highly critical to be knowledgeable about the US business structures to guarantee your company's safety and success in the long run. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS)](https://www.irs.gov/forms-pubs/about-form-2553). 

In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step.

Recommended reading: [Starting Your Business in the USA](https://www.grapelaw.com/2021/05/31/starting-your-business-in-the-usa/) 

##### What Are S Corporations?
 
S corporations are among the most popular company types in the U.S., particularly amongst start-up entities. This is primarily thanks to S corporations enabling shareholders to avoid double taxation. Double taxation designates that “Shareholders of S corporations report the flow-through of income and losses on their tax returns and are assessed tax at their tax rates” instead of taxing both corporate and individual incomes. This leads many starting business individuals to choose S corp as it proves cost-efficient and more financially sustainable. 

S corps also have limited liability protection that shields shareholders from personal liability of the company’s debts, protecting them from the potential loss of private possessions or savings. However, qualification for S corporation status comes with various detailed requirements that make the foundation process challenging. 

##### What Are the Requirements for S Corporation Qualification? 

Primary requirements for S corporation qualification are: 

- The corporation must be a domestic entity. 
- Partnerships, corporations, and non-residents can’t be shareholders. 
- The corporation can’t have more than 100 shareholders. 
- Stocks owned by shareholders can only be one type. 
- The corporation mustn’t be an ineligible organization such as banks, insurance companies, domestic, international sales corporations, etc. 

##### What is the Process of Starting S Corporations? 

Starting S corporations has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. However, the most crucial fact to remember is that S corps are not business structures like C corporations or LLCs are, but tax statuses that allow additional benefits like single taxation and limited liability protection. In that regard, you must first form a C corporation or LLC and only then switch to S status. 
 
Here below, we specified three essential steps that you must take to start your S corporation:

- Naming your LLC or C Corporation and selecting a unique trademark 
- Registering the business and filing the articles of organization 
- Obtaining an [Employer Identification Number (EIN)](https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers) and filing the [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) 

###### Naming Your LLC or C Corporation:

Selecting your business name means deciding on the representation of your brand identity. Hence, it is critical that you choose a name that will become an embodiment of your products and services. In that regard, you need to ensure that your business name and trademark are unique to your brand and can’t be mistaken for any other companies’ names or trademarks. Use IRS’s [Trademark Electronic Search System](https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk) to help you with this process. 

###### Registering the Business and Filing the Articles of Organization:

Business registration makes your company a legal entity that will conduct lawful business operations. For your LLC or C corporation, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or which (RAs can be companies too) will receive official papers and legal documents on behalf of your company](https://www.sba.gov/business-guide/launch-your-business/register-your-business). You will register your business with the state by filing certain required documents such as **articles of organization and company operating agreement.**

- Article of the organization is a document that makes a broad definition of your company’s operational basics. 
- The operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles 

It is necessary to note that not all states require you to file an operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business. 

###### Obtaining EIN and Filing the Form 2553: 

An Employer Identification Number is a fundamental step in starting a company in the United States. This is because EINs will enable you to pay your required federal and state taxes, open a business bank account and apply for business licenses and permits, all critical next steps necessary for business formation. Lastly, while applying for EIN, you’ll be directed to Form 2553, the Election by a Small Business Form, which you’ll use to establish S corp tax status. 
 
Forming S corporations is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All three stages require exhaustive legal research and meticulous road planning for a smooth and risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation. 

Please do not hesitate to contact and reach us via **info@grapelaw.com** or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!

The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS). In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step. 

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How to Start S Corporations in the US

Many people dream of coming to the US and paving the way for naturalization by getting a green card. There are various family green card options for individuals with an immediate US citizen relative. But if you are not lucky enough to have a family member who is willing to sponsor your green card, don’t worry! There are **employment-based green** cards such as **EB-2 and EB-3** with which you can become a permanent resident and worker in the United States. 

These green cards are prevalent and preferred by many qualified applicants, special knowledge, and extraordinarily talented individuals. On the other hand, US citizen sponsorship is also needed for employment-based green card applications. This requires a valid job offer from employers in the US as well as a labor certification. Henceforth, the application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries!

##### Obtain Your PERM Labor Certification
 
Firstly, you should obtain your PERM Labor Certification (LC), issued by the Department of Labor (DOL). Your employer makes a PERM application, and with the labor certification, it is proven that you are qualified for the job offer. There is no American worker to replace you. Therefore, it is the most crucial aspect of the application. 

You may find our detailed writing [What is PERM Application? How to Apply?](https://www.grapelaw.com/2022/02/18/what-is-perm-application-how-to-apply/) helpful in learning more about the PERM application process. 

##### Find Your Sponsor 

Your sponsor, which in this case is your employer, will file the form I-140 (Petition for Nonimmigrant Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). In this process, it is re-evaluated by the DOL that your employer will be able to afford the determined salary and that you meet the requirements of the job position. 

##### Complete Your Application 

To get an employment-based green card, you must make a general application. Green card applications can be made in two ways depending on your location. First, if you are currently in the U.S. on a legal status, you must apply for “Adjustment of Status” by filing the Form I-485 (Adjust or Change My Nonimmigrant Status) with the USCIS. If you are outside of the U.S., you must apply for a green card via U.S. consulates in your country by arranging an interview after completing the online DS-260 (Immigrant Visa Electronic Application) form. Following the interview, you will be issued an immigrant visa with which you can enter the U.S. This process is known as “consular processing.”
 
Getting a green card and benefiting from its advantages is a significant step towards establishing a living in the United States. With a green card, you can permanently live and work in the U.S. and apply for naturalization soon. However, if you don’t have an immediate relative who is a U.S. citizen, you might use employment-green cards instead. 
 
Even though you might have a valid job offer from employers in the U.S., you will likely be confused and frustrated while trying to figure out which type of employment-green card among the five you should apply for, their unique requirements, benefits, and more. In that regard, we ensure that you make the necessary preliminary preparation and research and accompany you throughout your green card journey with our exceptional legal expertise and result-driven insights. 

If you have any questions or requests regarding the employment-based green card types and their application processes, please don’t hesitate to contact us by emailing info@grapelaw.com or scheduling a face-to-face consultation via our [calendly](https://calendly.com/grapelaw) account!

The application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries! 

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How to Get a Green Card With US Employment 

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is extremely critical to be knowledgeable about the US business structures to guarantee your company's safety and success eventually. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by Internal Revenue Service (IRS). In this writing, we will be exploring LLCs and, step by step, the process of forming an LLC company in the US. 

#### What is a Limited Liability Company? 

LLC is one of the newest company types in the US, with various personal benefits and tax advantages. LLC offers its owners or board members the personal liability exemption, which protects owners’ or board members’ personal assets from confiscation in case of bankruptcy or lawsuits. LLCs are also exempt from double taxation. This means that LLCs do not pay corporate taxes, but instead, their owners or board members are individually taxed via their share of profits of LLCs’ total income. Hence, LLCs might be a fit choice for individuals with substantial personal assets that they want to protect and/or want to pay less tax rate than a **“C type”** company. 

#### What is the Process of Forming an LLC?
 
The process of forming an LLC has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. Here below, we specified seven steps that you must take to form your LLC:

- Selection of business location
- Selection of business name
- Registration of business 
- Obtaining federal and state tax IDs 
- Application for licenses and permits 
- Opening a business bank account 

##### Selection of Business Location

The state and local area where your LLC will be formed is essential. Selecting the LLC location depends on several factors, and each factor’s importance should and will be weighed according to your business aspirations and preferences. But there are expected costs/benefits points you should consider while deciding on your business location.
 
Business expenses are unique to specific areas that might adversely impact your business inception and short-term growth. These might be state-wide or locally governed regulations or related to the economic conditions of states and local areas. Government-regulated expenses can be minimum wage laws, standard salaries, tax requirements, and the costs of government licenses and fees. Region-specific business expenses as results of locations’ economic conjuncture are expenses such as rental rates, property values, utilities, etc. In that regard, making a well-thought articulation of the costs/benefits of your business’ location is fundamental for a successful financial venture. 

##### Selection of Business Name
 
Selecting your business name means deciding on the representation of your brand identity. Hence, it is crucial that you choose a name that will become an embodiment of your products and services. Though the rules regulating naming an LLC differ from state to state, there are common ones that apply to all states. Generally, your business name must end with LLC or its alternatives, such as Limited Liability Company or Limited Company. The selected business name cannot be the same as the name of other already established LLCs. 

##### Registration of Business
 
Business registration makes your company legal to conduct lawful business operations. For your LLC, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or who (RAs can be companies too) will receive official papers and legal documents on behalf of your company.](https://www.sba.gov/business-guide/launch-your-business/register-your-business) You will register your business with the state by filing certain required documents such as articles of organization and LLC operating agreement. 

- The article of the organization is a document that makes a broad definition of your LLCs operational basics. 
- LLC operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles
 
It is necessary to note that not all states require you to file an LLC operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business. 

##### Obtaining Federal and State Tax IDs

Federal and State tax ID numbers, or Employer Identification Number (EIN), will enable you to pay your required federal and State taxes, open a business bank account and apply for business licenses and permits. On the other hand, it is essential to mention that not all states [have income or employment tax](https://www.irs.com/en/articles/state-income-tax-vs-federal-income-tax) with which LLCs are taxed at the state level. Therefore, you should research the company taxation rules that your company’s State has and proceed with your State Tax ID application accordingly. 

##### Application for Licenses and Permits

Depending on the business sector in which your company operates, you will need to have specific federal & state licenses or permits to conduct your business operations. 

Federal licenses and permits are required if a US federal agency regulates your business activities. See if your [company’s business activities](https://www.sba.gov/business-guide/launch-your-business/apply-licenses-permits) are needed for federal licensing or permits. There are various industries for which state licenses or permits are required. On the other hand, whether you need state licenses or access at all or industry requirements vary by state. It would help if you researched your state’s regulations to learn about your potential licensing or permit requirements.

##### Opening a Business Bank Account
 
Opening a business bank account is the last step before starting your overall business operations. Opening a bank account is crucial as it provides essential business professionalism, legal compliance, and financial advantages such as increased purchase power. There are several standard documents that you should make ready before applying for a bank account: 

- Employers Identification Number 
- Ownership Agreements 
- Business License 
- Business Formation Documents 

Forming LLCs is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All seven steps require exhaustive legal research and meticulous road planning for a smooth, risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation. 

Please do not hesitate to contact and reach us via info@grapelaw.com or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation.

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How to Form LLCs in The United States

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. In this piece, you will find what those requirements are and how you can apply for an E-2 visa. However, we will specifically focus on the question of the minimum amount of investment for an E-2 visa.  
 
In order to be eligible, the applicant must have citizenship from one of the treaty countries. If the applicant is part of a corporate entity, at least half of the business must be owned by individuals of the treaty country's nationality. The application is expected to have a substantial amount of investment. However, the substantial amount in question has not been defined by the law.  

#### "The Substantial Amount" for E-2 Visa 

The minimum amount you need to apply for the E-2 Visa depends on the type of business you are planning to run. Even the state you are planning to locate your business is essential to calculate the minimum amount of investment you need. For example, a lawyer working from home in Nashville would have a completely different start-up cost and capital requirement than an entrepreneur who wants to open a Turkish restaurant in New Jersey. If there is an established business plan similar to your trajectory, you could utilize it to apply your start-up. It would ease your work to evaluate the amount of capital you need for your investment initially.  
 
#### How to Decide on Minumum Amount of Investment 

E-2 Investor Visa is intended to create jobs for US workers. The applicant must develop and run a business. In order to do this, your substantial amount of investment must be enough to conduct a successful business. As we explained, although the specific amount of this capital is not cleared, the applicant has to be carefully crafted her/his investment based on the business plan she/he has. The applicant should be able to cover the salary of employees, rent of the workplace, payment of the necessary equipment, the livelihood of dependants, etc. While applying for the visa, the investor should consider all these expenditures to obtain the right amount of capital for his/her investment. 
 
For more of your questions, you can visit our previous piece on the [E-2 Visa application process](https://www.grapelaw.com/practice-areas/immigration-law/investor-and-start-up-visas/e-2-visa/).

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. 

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What is the Minimum Amount for E-2 Investor Visa? 

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to **premium processing**.

Ms. Oztabak is an expert in implementing media/digital marketing strategies and creating products with new technologies. She has led digital marketing teams of prominent companies, including AXA Insurance and DenizBank. While increasing their brand awareness, Ms. Oztabak also helped them win internationally prestigious awards in the marketing field. 

Ms. Oztabak is also the CEO and Co-founder of the award-winning app  **Deliveri**, which is used to compare the grocery prices from various online shopping platforms for the best deals.  **O-1A visa** is for individuals who have an employment offer in the U.S. and extraordinary ability in the sciences, arts, education, business, or athletics. The individual must provide sufficient documentation to prove that he/she is one of the small percentages who has arisen to the very top of the field. To demonstrate that he/she has sustained national or international acclaim in the field of their expertise, the individual either proves that he/she is a recipient of an internationally major award such as a Nobel prize or Olympic medal or the individual shows that he/she meets at least three of six regulatory criteria to establish his/her extraordinary ability.  

**At Grape Law**, our team of Attorneys and Case Specialists offer comprehensive and proactive legal services for various business immigration applications such as O-1, H-1B, E-2, E-1, and L-1 visa applications. 
We are happy to be a part of Ms. Oztabak’s success story in the U.S., and we wish her more to come! We believe in the strength of your dreams and in the professionalism of our service. We care, we work, and we get better, together!

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to premium processing.


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O-1 Visa Approval for Marketing Expert Cigdem Oztabak

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. Now USCIS has prepared well-rounded guidance for when expedited processing may be warranted for benefit requests. 

Furthermore, agency officers will have to issue RFEs and NOIDs instead of directly denying certain benefit requests. And the one-year validity period for initial and renewal EADs is extended to two years for certain noncitizen adjustment-of-status applicants. The new validity period is designed to ease the burden of EADS applications on USCIS and allocate more time and resources for other urgent immigration areas.

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding the expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. 

USCIS Revises Policies of Expedited Processing

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U.S. Citizenship and Immigration Services (USCIS) has made an important revision on the policy that required individuals who applied for a change of status to F-1 students to apply to change or extend their current nonimmigrant status.

With this change, individuals applying for a change to F-1 student will be granted an F-1 status effective immediately following the approval of an applicant’s Form I-539 (Application to Extend/Change Nonimmigrant Status). This will save both USCIS and applicants time, effort, and money which was spent on multiple applications to change or extend their nonimmigrant status.

Previously, USCIS required applicants to maintain a nonimmigrant status up to 30 days before their student programs’ start date to avoid gaps in the status. Now, change to F-1 student **will be possible to grant before the 30 days period begins, enabling students to avoid the same gaps without applications to change or extend their current nonimmigrant status.**

**However**, USCIS expects applicants who are transitioned to F-1 students before the beginning of 30 days period to not violate their F-1 status by indulging in any employment, including on-campus opportunities.

U.S. Citizenship and Immigration Services (USCIS) revised the policy that required individuals who applied for change of status to F-1 students to apply to change or extend their current nonimmigrant status.

F1 Student No Longer Need to Submit Subsequent Application 

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F-1 Student No Longer Need to Submit Subsequent Applications to "Bridge the Gap"

As you might recall, The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) introduced a new **Application for Prevailing Wage Determination Form, ETA 9141**, to be submitted to the DOL for determining prevailing wages back in April 2021. The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.

The results of requests filed using the new form were expected to be declared in OFLC’s **average processing time of 145 days**. This means that the results are due soon, and you should be watching closely OFLC’s updates regarding this issue. Because Prevailing Wage Determination results are expected soon, we believe that giving a recap on the new Form and the process that follows might be beneficial for persons of interest. 

With the new form ETA 9141, OFLC devised a more detailed and comprehensive roadmap for the determination of prevailing wages by its Certifying Officers (CO). The primary procedural changes revised the way an employer provides primary and alternative requirements for a job position on ETA 9141, and how OFLC evaluates and determines the prevailing wage accordingly to provided requirements. 

Previously, OFLC determined the prevailing wage solely based on the primary requirements provided by the employer. With the New Form ETA 9141, OFLC now reviews both the primary and alternate requirements and determines two separate prevailing wages for each set of requirements. Furthermore, the higher of the two prevailing wages is made mandatory for employers to use on Labor Condition Applications (LCAs) and Program Electric Review Management (PERM) applications. 

This change implemented by Form ETA 9141 is of great importance since it might entail significant prevailing wage increases. For instance, for the job position Software Developers, Applications in Seattle, Washington, the prevailing wage determined with the new ETA 9141 produced more than a $20.000 increase per year on the prevailing wage determined with the old ETA 9141 Form (**From $140,920 per year to $162,510 per year**). 

Lastly, the new procedural change also applies to LCAs with which the employer determines its own prevailing wage according to the Occupational Employment Statistics (OES). Prevailing wages determined via OES are also subjected to this change.

The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.


The New Prevailing Wage Determination Results With the New Form ETA 9141

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The New Prevailing Wage Determination Results with the new Form ETA 9141 Are Expected Soon

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. **The LIKE Act**, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

In a speech addressing the congress Congresswoman Lofgren said:

“For the world’s best and brightest innovators seeking a home for their companies, America used to be the top destination. Sadly, that has changed. Today, the technology sector in Canada is growing at a faster pace than it is in America, and it is almost entirely because of restrictive U.S. immigration policies that do not benefit our economic interests. Congress can change that. We can make the United States more prosperous by passing bills like the LIKE Act that stimulate the economy, curb brain drain, create jobs for American workers, and restore our country’s standing as the number one choice for the next generation of entrepreneurs worldwide.”

Start-up companies were shown to contribute significantly to the U.S. economy and provide employment for millions of American citizens every year. Compared to mature companies, **start-ups reach employment numbers four times higher than mature companies (11 years old or older)**, and they are the sole source for new employment in the U.S. over the last couple of decades.

**The new proposed start-up nonimmigrant visa**, **“W”**, aspires to foster the transfer of creative and innovative brains from other countries with ease and upgrade the outdated U.S. immigration policies that block the country’s economic growth and technological progress.

To qualify for the planned three-year W visa, an applicant must:

- Possess an ownership interest in a start-up venture that has sufficient investments or received government grants & awards.
- Be in an essential and ongoing position in the management or operations of the venture.
- Have the necessary know-how to considerably contribute to the growth and success of the venture.

If confirmed, the W visa **will be extended after the initial three-year period**. The Bill proposes up to five years of extension for prospect visa holders. And for this, the prospect visa-holders must meet certain growth-related benchmarks, such as job creation and revenue generation.

The Start-Up Bill states that if a start-up venture meets certain additional benchmarks that demonstrate the founder has proven series of business development successes, then **he or she will be considered for green card status if they apply**. The LIKE Act also allows start-up initiatives to petition for workers in executive or managerial positions as well as their close relatives (spouse and children) to receive nonimmigrant visas.

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. The LIKE Act, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

The New Start-Up Visa Bill Introduced in the Congress

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The New Start-Up Visa Bill Introduced In the Congress Envisages Bolstering the US Economy

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future. 

**Step 1:**

You must make sure that you are applying for the right protection. There are numerous intellectual property protection applications such as patents, copyrights, and domain names. Trademark application protects your brand name and logos that you utilize on your goods and services. Thus, you should be applying for trademark registration only if you want your brand name and logo to be protected and your goods and services to be associated with them. 

**Step 2:**

If you are applying for trademark protection, you are then expected to create your own unique mark. Uniqueness is essential here. This is because marks often get confused with other brands’ marks. Mark confusions may also lead to legal protection hardships and may be considered non-registrable by the USPTO. While creating your mark, you should also take into account your area of goods and services. You need to make sure that your offered goods and services are not in the same category with brands whose marks may be taken as yours. For further information on creating your mark, please refer to [this video](https://www.uspto.gov/learning-and-resources/uspto-videos/basic-facts-selecting-mark) by USPTO. 

**Step 3:**

You are now good to prepare and submit your application via USPTO.gov website. Steps are as follows: 

- Set up your USPTO.gov account to reach your Trademark Electronic Application System (TEAS). To set up your account, please follow this link.
- File your online application. You will be asked to pay a non-refundable processing fee. 
- Regularly check (at least every six months) your application status via Trademark Status and Document Retrieval (TSDR) system. This is especially important as it will warn you of upcoming filing deadlines. 
- Maintain and -if necessary- update a valid mail and email address. 

**Step 4:**

After you submit your application, USPTO’s primary evaluation will determine whether you met the filing requirements or not. If you did so, an application serial number will be assigned on your name and your file will be forwarded to an examining attorney. The examination duration varies but it will likely take several months. 

**Step 5:**

If the examining attorney approves your registration, your mark will be allotted for publication in the weekly “Official Gazette” of the USPTO. You will be notified regarding the date of publication. After the publication, there will be an interval amounting to a month. During this time, any brand that might be damaged by your registration can file an opposition to the process or ask for an extension for the opposition. 

In the case of no opposition, your application will move on to the next step. This usually takes three to four months. 

##### Certificate of Registration:
USPTO will register your mark and send you a registration certification. You are required to file maintenance documents for your registration to remain valid after the registration. 

##### Notice of Allowance:
This is a notification document by USPTO. It is sent approximately eight weeks after your mark is published in the “Official Gazette.” It declares that your mark is free of any opposition. Notice of Allowance is only delivered to applicants who used Section 1 Filing Basis during their applications (US residents). 

After a Notice of Allowance issued, you have six months to either, 

- Use the mark in commerce and submit a statement of use (SOU), or 
- Ask for a six-month extension to prepare your SOU for later filing. 
To learn more about SOUs and extension request processes, please refer to this link. 

If you fail to file your SOU in time, your application will be discarded until you write a petition to restart your application. Please watch this video to learn more about the petition process. 

##### Reviewing of SOU by USPTO:

After you submit your SOU, an examining attorney reviews your SOU for approval. 

- If there are no refusals and additional requirements asked, your SOU will pass the attorney’s review. 
- In the case of refusals and additional requirements, you will be issued another letter of office action by the examining attorney. The following process is identical to the one described in Step 4. 

If all the issues are eventually resolved, USPTO will issue your registration within two months. 

Trademark protection is essential for businesses to operate as it provides companies with a consistent brand identity. And brand identity is what designates businesses as distinct entities. Henceforth, having protected and unified trademarks is a must for every company that aspires to function harmoniously. 

**Grape Law PLLC understands the importance of trademark protection and promises its clients the all-around safety of their brands.**

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future.  

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How to Get Your Trademark Registration?

Studying in the U.S. is an amazing opportunity for students from all over the world. With many renowned institutions that lead the world in higher education, U.S. offers various prospective academics or sector professionals the necessary background to advance in their journeys to achieve career goals. On the other hand, before anything you need to prepare to start studying, you must obtain a student visa to begin building your future in the U.S. And first, you should know what exactly a student visa is, which type of student visa you should apply, and how to apply it. Being able to answer these questions will be essential for you to have the correct student visa. 

### What is a Student Visa?

The student visa is a type of nonimmigrant visa issued to prospective students aiming to come and study in the U.S. The length of your visa depends on the time needed to complete your student program, course of study, or work assignment. There are three student visas that you can apply for depending on your course of study and the type of institution that you aspire to study at. Three student visas are F, M, and J, and we will explore each visa in-depth below. 

#### What is F1 Visa?

F1 visa is the most common nonimmigrant student visa issued to thousands of students and researchers each year. It is specifically for academic purposes. There is no cap on F1 visa issuance, making it available for everyone who is qualified. Furthermore, an F1 visa requires your proposed study program to eventually awards you a degree, diploma, or certificate. And do not worry, an F1 visa is valid as long as your study in the U.S. continues, and you can ask for an extension if necessary for your work. 

##### Who Can Apply for F1 Visa? Which Institutions You Can Apply to?

If you are accepted into an accredited U.S school and will study as a full-time student, you are good to apply! You may apply to colleges, universities, conservatories, seminaries, language training institutions, high schools, and elementary schools. 

However, public elementary schools and adult educational programs (such as foreign language classes) are not among the schools you can apply to get your F-1 visa. Public high schools are not affected by this rule. However, an F-1 visa for high school candidates can be valid for up to 12 months, and it is required that you show proof of your payment made for a whole educational year. If you are applying for a private elementary or high school, you should not worry about these nuances at all! 

#### What is M1 Visa?

M1 visa is a specific student visa for pupils seeking vocational studies in the U.S. This is different from the F1 visa in that it is designed for ‘non-academic’ studies. Your visa is valid for up to a year, but it can be extended to 3 years depending on your course of study. 

##### Who Can Apply for M1 Visa? Which Institutions You Can Apply to?

If you are fluent in English, have funds that can afford your stay, and reside outside of the US, you are qualified to apply! Institutions to which you can apply are many and include schools like business, flight, cooking, cosmetology, and various others that offer different vocational training. Language training programs are not included in schools viable to apply. And to be eligible for an M1 visa, the school or schools you plan to apply to must be recognized by the Student and Exchange Visitor Program (SEVP).

#### What is J1 Visa?

J1 visa is a nonimmigrant, exchange-based visa issued to people who seek to teach, lecture, study, conduct research, receive training, etc. to create a mutually beneficial relationship between the U.S. and other countries. There are various public and private entities that the U.S. acknowledges as sponsors. These sponsors, like Fulbright Commission, facilitate the exchange of persons, knowledge, and skills in fields like arts & science, and education with the U.S. Sponsors also act as your visa sponsors and manage your visa issuance process. 

##### Who Can Apply for J1 Visa? Which Institutions You Can Apply to?

There are many individual categories under which many people can apply for a J1 visa. As J1 aspires for the growth of the international relationship between the U.S. and other countries, most categories do concern education. Some acknowledged categories are as follows: 

- Students
- Teachers
- Professors or scholars 
- Research assistants 
- Trainees
- Specialists 
- Au Pairs
- Camp counselors

A student visa might be the beginning of your journey that will last a lifelong. It is for idealist, adventurous, and ambitious people that look for growth, progress, and achievement. Fortunately, student visas are limitless. 
 
Whether it be F1, M1, or J1, every year thousands of students, researchers, scholars and so many other people from different professions are issued a student visa. **We believe that if you are qualified to apply and passionate enough to come to the U.S. and make a difference, you will be awarded your desired student visa!**

As studying in the U.S. is a dream come true for so many people around the world, it is difficult to find out which type of visa you should apply for your studies. In this piece, we will explain F1, M1, and J1 student visas. 

Student Visa Options in the US: F1, M1, J1

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PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.** 

##### Application Process:

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers. 

##### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

##### Prevailing Wage Determination (PWD) from the Department of Labor (DOL): 

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

##### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL. 

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices 
- Local and ethnic newspapers 
- Radio and television advertisements 
 
##### Filing Labor Certification with the DOL’s ETA: 


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website. 

##### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

##### Possible DOL Audit or Denial:
 
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead. 

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process. 

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**.

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

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What is PERM Application? How to Apply?

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. **Here in this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future**. 

#### Sole Proprietorship:
 
As the name suggests, Sole Proprietorships or DBA’s (Doing Business As) refers to a business structure in which you are the sole owner of your company. This means that your company is you, which makes you the only person liable for the business entity at hand. Furthermore, you are being personally liable for your company subjects you to pass-through taxation with which your business income or loss is added to your tax returns. And this merger of person and corporation appoints you as the guarantee for potential company debt that consequentially may jeopardize your possessions and savings in a likely lawsuit. 

#### Partnership/ General Partnership:

Partnership business structure is almost identical to Sole Proprietorship with one, but major difference. With this corporate type, multiple owners invest in the business either through money, property, labor, or skill. People taking part in a certain partnership have distributed the profits and losses of the company in accordance with their shares of the business. 

Moreover, partnerships are bound to file an annual report detailing their income, gains, deductions, losses, etc., resulting from their operations. However, this does not require partnerships to pay income taxes as business entities. Like Sole Proprietorship, they are subjected to pass-through taxation that mandates not the company, but shareholders to report their income-gained or loss-given (calculated accordingly to their shares on the partnership) on separate, individual tax returns. 

#### C Corporation:
 
As the oldest business structure in the US, C or Regular Corporation – unlike Sole Proprietorships- is defined as a separate company entity that shields shareholders from the personal liability of business operations. This protection is since C Corporations are not to be owned as business organizations, but as ‘stocks’ that are bought and sold in-between numerous investors. 

The distinction between companies and shareholders, on the other hand, results in a double tax that obliges C Corporations and their shareholders to be taxed separately. Firstly, profits gained from business operations are taxed to corporate, followed by the taxation of shareholders through distributed dividends, derived from the profit. However, additional tax cost dictated to C Corporations is avoidable via another business structure, called S Corporation, that spurs many investors to change their company types from C to S. 

#### S Corporation:


Preferable for most starter small companies, S corporation, like Sole Proprietorship and Partnership, allows businesses to pass through the profit directly to shareholders. This enables corporations to avoid double taxation, thus reducing the additional cost of company income tax. However, the formation of S Corporations is comparatively tight regulated as it outlines various rules such as, 

- Your corporation must be a domestic one. 
- Partnerships, corporations, and non-resident shareholders are not allowed. 
- You cannot have more than 100 shareholders. 
- Stocks owned by shareholders can only be one type. 
- Financial organizations, i.e., banks, insurance companies, and domestic international sales corporations are considered ineligible. 

#### Limited Liability Corporation (LLC):


As being the newest amongst the 5 most common business structures, LLC offers flexibility and more space for businesses to operate. Bringing together the personal liability exception of a company (C or S) with pass-through taxation, LLC protects you from indulging in potential business debts as well as spending the added cost of double tax. 

Furthermore, there are far fewer restrictions about ownership, allowing single or multiple members (LLC owners are called members, not sole owners, or shareholders) ranging from corporations to other LLCs, and foreign nationals to institutions to own businesses. Several exceptions for ownership include business types such as banks and insurance companies. 

Lastly, IRS will categorize your LLC as a corporation, partnership, or as a disregarded entity (meaning an entity that is not separated from its owner, i.e., Sole Proprietorships) depending on the number of your members and on elections made by the LLC, providing you with the opportunity of multiple business structures as you complete the way your tax returns are declared. 

**For further, state-specific regulations on business structures and taxation, follow this [link](https://www.irs.gov/businesses/small-businesses-self-employed/state-government-websites). And please regularly visit our blog for more comprehensive writings on business structures of which the next will be on LLCs.**

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. In this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future.  

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Starting Your Business in the US

Green Card is the document granting you the right to live and work in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of the Green Card application along with many useful links directing you to the right sources! 

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#### Application Eligibility:

Firstly, you need to learn whether you are eligible for the application or not. For this, you can check various immigration categories. To reach Green Card eligibility categories, please see this list. 

##### Find Your Application Sponsor:

The majority of applicants will need **lawful residents of the US (sponsor)** for their immigration petitions. **An immigration petition** is a must in most cases and has many forms. You can reach the most common forms using [this link](https://www.uscis.gov/green-card/how-to-apply-for-a-green-card): 

There is some exception to the petition requirement. Please carefully read your eligible category details to learn more on this issue. 

##### Select Your Application Process:

If you are eligible for an application, then you can proceed to select which application process you will be using. There are two application processes. One is “**Adjustment of Status**”, and the other is “**Consular Processing**”. 

*You proceed with “Adjustment of Status” if*

- You are currently in the U.S. and want to switch your status to lawful and permanent resident. 

*You proceed with “Consular Processing” if* 

- You are currently abroad and want to become a Green Card holder. 

For details of each specific application process, please follow the links below to learn more: 

- [Adjustment of Status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) 
- [Consular Processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing) 

##### Common Steps to Follow for Your Application:

Adjustment of Status and Consular Processing share some of the procedures required when applying for a Green Card: 

- Immigration petition is a must (with some exceptions, which I mentioned above). 
- Filing your application document. 
- If you are proceeding with Adjustment of Status, you file your application by filling the document I-485. For posting, you can find this link useful. 
- If you apply through Consular Processing, you should file an immigration application visa at the U.S. consulate of your place of residence.
- Go to your interview appointment (This is only required for Consular Processing. However, Adjustment of Status applicants might as well be called for an interview). 
- Submission of the decision of your application. You will be sent either a Green Card or a visa packet. This depends on your application process. Application processes links do have the necessary further information. 

The Green Card lottery is the most common way into your U.S. citizenship. Millions of people from all around the world try their chance at obtaining this visa. Therefore, Green Card popularity poses many legal questions that need answering. As a dynamic, up-to-date immigration law firm, we know the potential legal challenges and hardships that accompany your application. In that regard, we offer you meticulous and enlightening legal services that will ease your burden as well as your stress. We believe in the promise of our motto, and we care, we work, and we get better, together.

Green Card is the document granting you the rights of living and working in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of Green Card application along with many useful links directing you to right sources! 

What is Green Card and How to Apply for It

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What is a Green Card and How to Apply for It?

Establishing a start-up initiative in the U.S. or expanding financial ventures there is a common business practice among investors and innovators. The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. The U.S. economy also benefits from the influx of these ideas and capital, and therefore the U.S. provides investors and innovators with various temporary and permanent visas to come to America and be part of the financial success of the country. 

Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

#### Temporary Visas for Start-up Investors:

- O-1A 
- E-1 
- E-2 
- L-1A and L-1B
- International Entrepreneur Parole 

##### O-1A Extraordinary Abilities Visa:

O-1 visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields such as sciences, education, business, or athletics. To be eligible for O-1A, you must be a person of either nationally or internationally acclaimed ability in science, education, business, or athletics. Internationally recognized awards such as Nobel, Pulitzer, Tony, etc. can be presented as proof of your ability. If you do not have such an award, you can still be eligible for O-1A given that you meet at least 3 of the criteria set by USCIS. To learn more about the visa, please read our O-1A writing. 

##### E-1 Treaty Trader Visa:
 
E-1, or Treaty Trader visa is a type of non-immigrant employment visa available to nationals whose countries hold a trade treaty with the United States. Businesspersons who seek to engage in substantial trade or participate in an enterprise that engages in trade with the U.S. can choose to apply for an E-1 visa. You also need to continue to conduct trade mainly between the U.S. and your home country and produce significantly more income than only afford you and your family. To learn more about the visa, please read our E-1 writing. 

##### E-2 Treaty Investor Visa:
 
E-2 is another type of nonimmigrant employment visa offered to treaty countries’ nationals who invest individually, or treaty countries’ nationals who are part of investing companies and partnerships. Eligible applicants can be owners, directors, or skilled executive workers. E-2 visa eligibility requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. If the applicant applies for E-2 with a corporate entity, s/he must own at least half of the business. To learn more about the visa, please read our detailed E-2 writing. 

##### L-1A Visa:
 
L-1A, which is a sub-category of L-1 visa, is a type of nonimmigrant employment visa that allows either a U.S. employer to employ an executive or manager from one of its foreign offices, or a foreign company to send an executive or manager to start business operations in the U.S. L-1A Visa is particularly preferable by many start-up investors seeking to expand to the United States. To be eligible for L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. Furthermore, if you are an individual who is coming to the U.S. to establish a U.S. branch, your one-year employment within the last 3 years must be in either executive or managerial position. To learn more about the visa, please read our L-1A writing. 

##### L-1B Intracompany Transferee Specialized Knowledge Visa:

L-1B is another nonimmigrant employment visa which is the second and last sub-category of L-1. It is issued to specialized knowledge individuals sponsored by U.S. employers to be transferred from companies’ foreign offices to the U.S. offices to live and work in the United States. L-1B Visa also allows a foreign company to transfer one of its specialized knowledge employees to the U.S. to establish a U.S. branch of the company. To be eligible for L-1B, same as L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. 

##### International Entrepreneur Parole:
 
International Entrepreneur Parole (IEP), or International Entrepreneur Rule (IER), is a special immigration program designed for start-up individuals. It differs from the above-listed visas in that it is available ‘only’ to start-up founders and investors, and therefore can be considered the closest thing to a start-up visa. On the other hand; IEP is not a visa per se, but a unique “permission of stay” or “parole” to conduct and grow start-up businesses. To be eligible for IEP, your business venture must produce a significant public benefit and you must “**merit a favorable exercise of discretion**”

##### What Grape Law Offers?

The U.S. is the “go-to” destination for many start-up investors and founders who are in pursuit of business growth and success. As the center of world capital, investment, innovation, and new technology production, The U.S. offers the best financial environment and networking hubs for start-up enthusiasts to achieve their bold and ambitious career goals. Furthermore, as we explained, the U.S. makes it easy for aspiring start-up individuals to emigrate to the country with a diverse set of visa and parole options. 

In that regard, as a group of cutting-edge attorneys who are investors and innovators, we have the first-hand start-up experience, success insights, and legal expertise to help your venture to become “American” as well as an influencing and long-lasting brand. To begin to actualize your dreams with us, you can always [schedule a meeting here](https://calendly.com/grapelaw)! 

**Stay tuned for the second leg of this writing series which will cover the permanent visa options for start-up investors and innovators!**

The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

Temporary Visa Options for Start-Up Investors and Founders

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Temporary Visa Options for Start-Up Investors and Founders in the US

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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Deneyimli avukat ekibimizin rehberliği hukuki ihtiyaçlarınız boyunca hizmetinizde. HAKKIMIZDA ÇALIŞMA ALANLARI Göçmenlik Hukuku Firmamızla; ticari göç, istihdam göçü, aile ve öğrenci göçü vb. birçok göçmenlik hukuku alanlarındaki uzmanlığımızı kullanarak farklı göçmenlik motivasyonlarına sahip müvekkillere hizmet etmeyi hedefliyoruz. Detaylar Ticaret Hukuku Sürekli değişmekte olan ticaret şartları ve yönetimi uzmanlığımızı, nihai sonuca ulaşmayı hedefleyen titiz müvekkil hizmetimizle

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