To mark the launch of Go Global: Visa Guide, produced by Drummond Advisors, our team of experts hosted webinar “Live and Work in the US: visa types and exclusive tips.”
The event had the participation of Louanni Cesario, senior attorney of Business Immigration, Fabiana Guerra, our Legal Director, and Pedro Drummond, partner at Drummond Advisors, the authors of the exclusive material.
Check out below the main topics discussed during the webinar and be sure to download your Go Global: Visa Guide (click here).
Agencies that make up the American immigration system
One of the first points raised by the members of the panel was the importance of getting to know the agencies which are part of the American immigration system.
For example, when a company hires or makes a proposal to someone who is eligible for a work visa, they have to go through the US Citizenship and Immigration Services (USCIS), the US government agency responsible for immigration-related matters. In some cases, the visa application must also be submitted for the approval of the Department of Labor, the US government department responsible for labor-related matters.
Upon approval of the visa by the USCIS, the consulate of the country in which the applicant resides must validate the application. The entry permit is further validated when the person enters the United States and goes through immigration: at the airport, the document is inspected by the CBP (Custom and Border Protection) Officer.
Differences between Family Immigration and Business Immigration
Family Immigration is any request for the recognition of a bond with a green card holder or US citizen. As for Business Immigration, it involves all applications not related to any family bonds. These are all work-related entry permits (temporary visa or green card).
Concept of American tax residency
Another topic discussed was tax residency in the US. A US tax resident is required to file the income tax return in the US and pay taxes under US law.
In accordance with the Visa Guide, a foreign national may be considered a US tax resident when:
1. He/she is a permanent resident ( green card holder); or
2. He/she holds a non-immigrant visa and is present on American soil for a period exceeding 183 days, counted as follows:
a. Every day he/she was present in the current year, being at least 31 days of presence; plus
b. 1/3 of the days he/she was present during the year prior to the current year; plus
c. 1/6 of the days he/she was present during the second year prior to the current year.
What is the visa selection process?
The experts emphasized that the first point that must be identified is the person’s intention within the United States, what are their plans in the country. From there it is possible to define which visa best fits the applicant’s needs. The range of possibilities is wide, which is why it is important to remember that every case is different. There is a specific visa for trainees, such as the H-3, a visa for professionals specialized in a specific, complex function, along with professional academic training, such as the H-1B. There is also a specific permit for transferring executives with specialized knowledge from their country of origin to a company in the United States, such as the L-1. As for academic students, they fall under category F entry permits. In the guide developed by Drummond, you can find detailed information on these and other types of visas and green cards.
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