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Canada & U.S Immigration and Visas Categories

Dr. Afshin Yazdani

Yazdani & Associates

www.yazdanimigration.com

January 2016

Dr. Afshin Yazdani, Managing Director at Yazdani & Associates, 2016, all rights reserved

1 Dr. Afshin Yazdani, Managing Director at Yazdani & Associates, 2016, all rights reserved

I. Canada Skilled Based Immigrants

Skilled workers can immigrate to Canada and become a permanent residents based on their ability to settle in Canada and take

part in Canadian economy. Express Entry is a system to manage all skilled based categories: Federal Skilled Worker, Federal

Skilled Trade, Canadian Experience Class, and Express Entry Provincial Nominees Programs. Quebec has its own skilled worker

program.

II. Canada Business Based Immigrants

Business class federal category contains three programs: Investors, Entrepreneurs, and Self Employed, while it is a point basis

system, the passing mark is 35 points. Main eligibility criteria are net worth of the applicant, intent to invest or run a business in

Canada, work experience, and language proficiency. Quebec and Canadian provinces also have a business class category.

III. Canada Family Based Immigrants

Canadian Citizens or Permanent Residents can sponsor their family members to become a permanent resident in Canada: spouse,

parent, grandparent, child, grandchild, and some other family members under certain situations.

IV. Canada Social Based Immigrants

In social class immigration, refugee sponsorship and right to become a permanent resident for Live in Caregivers are two

programs. Canadian Citizens or permanent residents and also Canadian corporations can sponsor refugees, privately.

Sponsorship Agreement Holders, Blended Visa Office-Referred Program, Groups of five, Community sponsors, and Joint

Assistance Sponsorship Program. Live-in caregivers are individuals who are qualified to provide care for children, elderly

persons or persons with disabilities in private homes without supervision. They must live in the private home where they work in

Canada.

First: Canada Skilled Based Immigrants

I. Express Entry for All Federal & PNP Skilled Based Immigrants

How to become a candidate in the Express Entry pool as a skilled immigrant under Federal Skilled Workers (FSW), Federal

Skilled Trade (FST), Provincial Nominees Programs (PNP), and Canadian Experience Class (CEC):

Key factors:

- There is no minimum points pass mark, but applicant must meet the minimum requirement under one of 4 categories,

applicant also required a job offer from a qualified Canadian Employer with a positive LMIA.

- Candidate can apply for PNP and Express Entry at the same time

- Work permit holder of NOC O, A, B can apply for Express Entry if they have an LMIA, so dual Intent is allowed.

- Employer must apply for an LMIA, but there is no fee.

- Applicant must be admissible, and Police Certificate valid for 3 months only.

- Maximum Points score to apply for a PR is 1200, but candidates with the highest scores, and those nominated by the

employers and province are eligible to be invited to apply for PR through an ITA.

1. Federal Skilled Workers

Passing mark is 67 and following items are required:

a. Language Proficiency CLB7

b. Educational Credential Assessment by CES, ICASC, WES, and some regulatory agencies.

c. One year work experience under NOC O, A, B

d. Proof of funds for self-support.

e. Job offer

2. Federal Skilled Trade:


Following items are required:

a. Language Proficiency CLB 5

b. Two years’ work experience in one of the eligible skilled trade (listed by CIC)

c. Having a job offer or a Certificate of Qualification in that skilled trade

3. Canadian Experience Class

Following items are required:

a. 12 months of full-time work experience under NOC O, A, B within last 3 years.

b. Work experience must be gained under authorization and not during study

c. Language proficiency CLB 5 or 7

II. Quebec-selected skilled workers:

Quebec has two different point based streams for skilled workers:

I. Regular Stream, which is available to those who can meet the following cut-off requirements:

a. Education of at least high school graduate

b. Work experience of at least 6 months

c. Valid job offer

d. Financial self-support

II. International Students Stream, which is available to Quebec student while they are holding a CAQ and

Study permit, and studied minimum half of the program at a college or a university in the province of

Quebec. This program is different from Quebec Experience Program (PEQ) which is also available to the

graduate student (and temporary workers) in Quebec.


Second: Canada Business Based Immigrants Programs

1. Federal Investors

The Immigrant Investor Program (IIP) aimed to have experienced business people who could:

show that they have business experience

have a net worth of at least C$1,600,000 that was gained legally and

invest C$800,000 for the period of 5 years

*This program was terminated programs On June 19, 2014, although Quebec investor program is still valid.

2. Federal Entrepreneurs

This was a conditional permanent residency to the Entrepreneurs who could plan to own and manage a business in Canada that

adds to creates at least one full time job in Canada.

*This program was terminated programs On June 19, 2014, although Quebec entrepreneur program is still valid.

3. Federal Self-Employed

Self-Employed program is the only federal business class available. A self-employed person with experience in cultural activities

or athletics, and intend and be able to make a significant contribution to the cultural or athletic life of Canada can become a

permanent resident.

A self-employed person with experience in farm management, and intend and be able to buy and manage a farm in Canada can

also become a permanent resident.

Having specific amount of net worth is not required.

4. Start-up visa:

A program for who has an innovative business idea and want to get support for an idea from one of the designated organizations,

then may be able to immigrate to Canada. Following items are required:

a. Letter of Support or commitment certificate of $75,000 to $200,000

b. Proof of self-support or a job offer under work permit

5. Quebec Investors

A Quebec investor must meet the minimum eligibility criteria to apply for CSQ:

Have net assets of at least $1,600,000 CAN obtained legally;

Have two years’ experience in management in a legal farming, commercial or industrial business, or in a legal

professional business

Intend to settle in Québec and sign an agreement to invest $800,000 CAN for a period of five years.

Applicant’s age, the nature and duration of professional training and language skills will also take into account.


6. Quebec Entrepreneurs

Quebec Entrepreneurs is a conditional permanent residency. To be eligible for this program, applicant must:

have net assets of at least C$300,000 that have been legally obtained

have at least two years’ management experience in a lawful and profitable business (agricultural, industrial or

commercial) along with controlling at least 25% of the capital equity.

submit a business project with the purpose of creating or acquiring a business in Québec that applicant will manage and

control at least 25% of the capital equity with a value of at least C$100,000.

must comply, for at least one year during the three years after obtaining permanent resident status, with the following

conditions: create or acquire a business in Québec where applicant holds at least 25% of the capital equity with a value

of at least C$100,000 and which will employ a Québec resident . The agricultural entrepreneur is immune from the

obligation to create or maintain full-time employment.

Applicant’s age, the nature and duration of training, language skills, personal qualities and knowledge of Québec are also will

take into account.

7. Canada’s Provincial Nominee Programs

ONTARIO’s PNP

INVESTOR (No longer exist)

Eligibility Criteria:

1. Must invest CAD 3,000,000 or CAD 1,000,000 or %33.334 for each individual through a business plan.

2. Must receive an endorsement from Ontario Deputy Level Ministry for the investment and number of key positions

requested.

3. Investment must create at least five full-time jobs.

4. Investor may request maximum of twenty five nominee positions depend on the number of jobs creations.

5. PNP deposit is not required

6. A Performance Agreement must be signed

7. Applicant will land under Immigrant Visa (PR)

8. Application fee is CAD 3,500 per applicant

New Ontario PNP:

1. Ontario PNP: The Corporate Stream

The Ontario Immigrant Nominee Program’s Corporate Stream helps and supports established international corporations looking

to expand into Ontario or buy an existing business in the province. Once your business has been successfully established and

meets the obligations of the Performance Agreement, a maximum of 5 key staff that are essential to the establishment, continued

operation and the success of the business can become eligible for nomination for permanent resident status.

Ineligible Types of Businesses

Existing Franchises in Ontario (new foreign franchises expanding into Ontario are permitted) only inside GT

Gas Stations only inside GT

Tire Recycling

Scrap Metal Recycling

Pawnbrokers

Bed and Breakfasts

Holding Companies

Laundromats

Automated Car Wash Operations

Payday loan and related businesses



1. Corporate Requirements

The corporation must have been established for at least 36 months at the time of application.

2. Investment Requirements

The corporation must make a minimum investment of $5 million to expand into Ontario or purchase an

existing business in the province.

The source of investment funds must have been obtained from legal sources.

The proposed investment activity must be of significant economic benefit to Ontario. This will be determined

through an assessment of the corporation's business plan.

3. Local Job Creation Requirements

The corporation must create 5 new full-time permanent jobs for Canadians or Permanent Residents per each key staff.

For example, if you are proposing 5 key staff, you must create 25 full-time permanent jobs in the business for

Canadians or Permanent Residents in Ontario.

After OINP has confirmed that the corporation has met commitments outlined in the Performance Agreement; the key staff must

meet the following general nomination criteria to be considered for nomination:

Key Staff Position: Key staff must be in the position for which they were approved by OINP and carrying out the

approved job duties.

Residency Requirements: The key staff must reside and be physically present in Ontario for 75% of each year (9

months out of the year) that they are in Ontario under a temporary work permit to support the business.

Language Requirements: At the time of nominee application submission, key staff must have language proficiency at a

Canadian Language Benchmark (CLB)

2. Ontario PNP: Entrepreneur Stream

The Ontario Immigrant Nominee Program’s Entrepreneur Stream is designed to support individuals from countries outside

Canada who are looking to implement a new business idea or buy an existing business in our province. The Entrepreneur

Stream offer has been successfully established in Ontario. entrepreneurs the opportunity to be nominated for permanent resident

status once their business

Ineligible Types of Businesses (Similar to Corporate Stream)

Existing Franchises in Ontario (new foreign franchises expanding into Ontario are permitted) only inside GT, Gas Stations only

inside GT, Tire Recycling, Scrap Metal Recycling, Pawnbrokers, Bed and Breakfasts, Holding Companies, Laundromats,

Automated Car Wash Operations, Pay day loan and related businesses, Businesses which have been previously owned /

operated by current or former OINP business stream nominees

Eligibility Criteria

A. Minimum Requirements: There are 5 factors that have minimum eligibility requirements for the Principal Applicant

and Business Partner:

1. Experience: At least 36 months of full-time business experience in the last 60 months, your experience must be as

a business owner OR as a senior manager.

2. Net Worth:

Proposed business will be located within the GTA, you must have a minimum net worth of $1,500,000.

Proposed business will be located outside the GTA, you must have a minimum net worth of $800,000.

3. Personal Investment Funds:

Proposed business will be located within the GTA; you must make a minimum personal investment of

$1,000,000 and have a minimum equity ownership of 33.3%.

Proposed business will be located outside the GTA; you must make a minimum personal investment of

$500,000 and have a minimum equity ownership of 33.3%.

4. Job Creation: must commit to create at least 2 permanent full-time jobs for Canadian citizens / permanent

residents.

5. Exploratory Visit: If you purchase an existing business, you must make at least one business-related visit to

Ontario in the last 12 months, prior to submitting your application.

B. Nomination Requirements


1. Language Requirement: Official language proficiency at a Canadian Language Benchmark (CLB) 5 level or

equivalent.

2. Residency Requirement: To meet the active management requirements of the program, you must be physically

residing in Ontario for 75% (9 months out of the year) for the period in which you are in Ontario establishing your

business (your performance agreement period).

Scoring Factors:

1. Experience (20 to 50 points)

2. Investment (90 points)

3. Human Capital (20 points)

4. Exploratory Visits (5 points)

5. Key Sector Targeted (10 points)

6. National Occupation Classification A,B, O (10 to 15 points)

7. Official Language Ability (15 points)

The maximum score available is 160 points.

Process (Steps):

Submit an Expression of Interest (EOI).

If you are invited to apply, you can submit a complete application to the Ontario Immigrant Nominee Program (OINP).

If your application is approved, you will sign a Performance Agreement outlining the commitments you have made to

invest and create jobs in the province. You will be issued a temporary work permit support letter to apply for a

temporary work permit from Immigration, Refugees and Citizenship Canada (IRCC)1 in order to establish your

business in Ontario.

If you meet the commitments of your Performance Agreement, you may be eligible to be nominated by Ontario for

permanent resident status.

Successful nominees must apply to IRCC for permanent resident status within six (6) months of being nominated by

OINP.


BRITISH COLUMBIA

Entrepreneur

Process:

- Online Application EOI

- Requires ITA for some nationals

- Cap for every month is 200 applications

- Applicant will land under two years’ work permit and to apply for a PR must live in the province for at least 75% of the

time prior to the PR application.

- Application fee is CAD 300 plus CAD 3,500 per applicant and CAD 1,000.


1. English Language proficiency is required

2. Must have Net worth of CAD 600,000 which must be verified by qualified supplier

3. Must invest CAD 200,000 or CAD 400,000 with one key staff

4. Must have post-secondary education/ or related business experience

5. Must have Three years relevant experience for own business within past 5 years/ or four years relevant experience as a

senior manager within past 10 years

6. Must create a new business or purchase an existing business through a business plan

7. Must create one full-time job or three full-time jobs if bring one key staff

8. There is no PNP deposit in case of moving to another province

9. An exploratory visit recommended

10. Must sign a Performance Agreement

Strategic Projects - Outside Vancouver and Abbotsford areas


1. English Language proficiency is required


3. Must invest CAD 500,000 with five key staffs

4. Must have post-secondary education/ or related business experience

5. Must have Three years relevant experience for own business within past 5 years/ or four years relevant experience as a

senior manager within past 10 years

6. Must purchase an existing business through a business plan outside Vancouver and Abbotsford areas, operated by

same owner for five years, with employees other than a family member.

7. Must create three full-time job for each key staff that brought for the business

8. Must operate the business for one year prior nomination


10. There is no PNP deposit in case of moving to another province



Prince Edward Island

Business Impact Categories

I. 100% Ownership category


1. Applicant must be 21-59 years old

2. Must have Net worth of CAD 600,000

3. Must invest CAD 150,000

4. Must have at least high school diploma

5. Must have at least IELTS band score of 4.0

6. Must submit a Business Proposal, a Business Plan, and a Settlement Plan

7. Must purchase 100% ownership of an existing business or start a new business in the province

8. Must sign an Escrow Account Agreement and deposit CAD 200,000.

9. There is a refund policy about the deposit funds which are as following:

- CAD 25,000 after six months of receiving PR

- CAD 25,000 after one year of receiving PR

- CAD 150,000 upon completion of Escrow Agreement.



II. Partial Ownership








7. Must purchase 33.334% ownership of an existing business or start a new business in the province


9. There is a refund policy about the deposit funds which are as following:

- CAD 25,000 after six months of receiving PR

- CAD 25,000 after one year of receiving PR

- CAD 150,000 upon completion of Escrow Agreement.



III. Work Permit








7. Must purchase 33.334% ownership of an existing business or start a new business in the province or invest

CAD 1,000,000.


9. Will enter to Canada under Work Permit before do the investment




NEW BRUNSWICK

Business Applicants


1. There is a passing mark of 50 points


3. Language proficiency can obtain points



6. Must have a high school diploma

7. Must have two years relevant business management experience within past 5 years

8. Must purchase an existing business through a business plan

9. Must create three full-time job for each key staff that brought for the business

10. Must operate the business for one year prior nomination

11. Must sign a Deposit Agreement for CAD 75,000

12. There is a refund policy. The deposit funds will refund once the business is established within two years of obtaining

PR status and has been operating for one year.

13. An exploratory visit of minimum 5 days and being interviewed.

14. Application fee is CAD 2,000 per applicant.


YUKON

Eligibility Criteria: Pass Mark 56 Points

1. Must have Net worth of CAD 250,000 including CAD 150,000 of liquid assets



4. Must have at least English IELTS band score of 6.0 or French TEF 400


6. Must purchase 33.334% ownership of an existing business or start a new business in an eligible sector in the

province or invest CAD 1,000,000.

7. Must sign a Performance Agreement and submit a business and resettlement plan to implement within two

years before nomination for PR.

8. Will enter to Canada under two years’ Work Permit before do the investment

9. An exploratory visit is required and will being interviewed

10. There is no Escrow or Deposit policy


NORTHWEST TERRITORIES


1. Must have Net worth of CAD 500,000 to be eligible to invest in Yellowknife, or must have Net worth of

CAD 250,000 to be eligible to invest outside Yellowknife

2. Must invest CAD 250,000 in Yellowknife, or CAD 150,000 outside Yellowknife


4. Must have at least English IELTS band score of 6.0 or French TEF 400

5. Must have three years business management experience within past five years.


7. Must purchase an existing business or start a new business in the province through a business plan.



10. An exploratory visit is required and will being interviewed.


MANITOBA

Eligibility Criteria: Pass mark is 60 points


2. Must invest CAD 150,000 in tangible assets

3. Education and Language can earn points.



6. Must purchase 33.334% of an existing business or start a new business, or invest CAD 1,000,000 in the

province through a business plan within two years after become a PR

7. Must sign an Escrow Account Agreement and deposit CAD 100,000. The funds will be refund once the

business is operational and the applicant is living in the province.


9. An exploratory visit of minimum five days is required and will being interviewed.

10. Application fee is $2,500 per applicant.


SASKATCHEWAN Entrepreneur



2. Must invest CAD 300,000 in Regina or Saskatoon, or CAD 200,000 in other regions



5. Must purchase 33.334% of an existing business or start a new business, or invest CAD 1,000,000 in the

province through a business plan within two years after become a PR

6. Must create two full-time jobs for other than relatives

7. Must sign an Escrow Account Agreement and deposit CAD 75,000. The funds will be refund once the

business is operational and the applicant is living in the province.




Farm Owners / Operators

1) Regular stream



2. Must have farm operation acknowledge and experience.

3. Must purchase a farm operation

4. Must sign an Escrow Account Agreement and deposit CAD 75,000 as a good faith. The funds will be refund

once the business is operational and the applicant is living in the province.




2) Young farmer stream


1. Must be under age of 40

2. Must have Net worth of CAD 300,000, verifiable to 80%

2. Must invest CAD 150,000 in the province through a farming proposal

3. Must have three years farm ownership, practical farming or farm management experience.

4. Marketable employment skills

5. Must sign an Escrow Account Agreement and deposit CAD 75,000 as a good faith. The funds will be refund

once the business is operational and the applicant is living in the province.


7. An exploratory visit of minimum five days is required and will being interviewed


Third: Canada Family Based Immigrants

1. Spousal Sponsorship

A Canadian citizen or a permanent resident of Canada who is 18 or older can sponsor a spouse, common-law or conjugal partner,

or dependent child to immigrate to Canada under the Family Class.

Applicant must have medical, criminal and background checks

Sponsors will not eligible if have a financial or criminal issues, or were sponsored as a spouse, common-law or conjugal partner

in the past and became a permanent resident of Canada less than five years ago (Five-year sponsorship bar).

2. Parental Sponsorship

A citizen or permanent resident of Canada 18 years of age or older who lives in Canada can sponsor parent or grandparent, if he

or she did not fail to provide the financial support another relative in the past in Canada, and did not receive government financial

assistance for reasons other than a disability, were not convicted of a violent criminal offence, any offence against a relative or

any sexual offence.

Sponsor meet Low Income Cut-Off plus 30% that set every year by CIC.

Sponsor and the sponsored relative must sign a 20 years sponsorship agreement that commits you to provide financial support for

your relative if necessary.

3. Relatives Sponsorship

A citizen or permanent resident of Canada who is 18 or older and lives in Canada can sponsor certain relatives

Sponsor must agree in writing (sponsorship agreement) to give financial support to your relative and any other eligible relatives

coming with them for up to 10 years, depending on their age and how you are related.

Orphaned close relatives and other relatives are two options for who can be sponsored.


Fourth: Canada Social Based Immigrants

1. Refugees

To come to Canada as a refugee under Canada’s Refugee and Humanitarian Resettlement Program, applicant cannot apply

directly for resettlement to Canada at any embassy or a visa office, in deed must be:

in need of protection who are outside Canada and outside their home country

referred by the United Nations Refugee Agency (UNHCR) or another designated referral organization, or

be sponsored by a private sponsorship group

Other than above mentioned program, Canada also offers refugee protection to some people in Canada, under section 94 and 95

of the IRPA. Who fear persecution or who would be in danger if they had to leave, some dangers they may face include torture, a

risk to their life or a risk of cruel and unusual treatment or punishment. Refugee Protection Division (RPD) is in charge to decide

on a claim.

2. Live in Caregivers and PR Streams

Since November 30, 2014, if applicant has not worked in Canada under the Live-in Caregiver Program and Labour Market

Impact Assessment application was issued by Service Canada after this date, applicant must apply for a regular work permit.

Applicant must meet certain requirements to be eligible for the Live-in Caregiver Program in Canada:

A positive Labour Market Impact Assessment (LMIA) from an employer in Canada

A written contract with your future employer, signed by you and the employer

Successful completion of the equivalent of a Canadian secondary school education

At least six months’ training or at least one year of full-time paid work experience as a caregiver or in a related field or

occupation (including six months with one employer) in the past three years

Good knowledge of English or French

A work permit before you enter Canada

The work you do on a live-out basis may count towards the work requirement in order to apply for PR through either the Caring

for Children or Caring for People with High Medical Needs pathway.

I. To be eligible under the Caring for Children pathway, applicant:

Must have work experience under the definition in the Canadian National Occupational Classification (NOC) Group

4411 for at least 24 months of full-time work experience in Canada as a home child care provider in the four years.

Children must be under the age of 18.

Applicant does not need to have lived in your employer’s home to be qualified.

Applicant must meet the minimum language levels of Canadian Language Benchmark (CLB) 5

Education: a completed Canadian or international post-secondary education credential of at least one year

II. To be eligible under the Caring for People with High Medical needs pathway:

Must have at least 24 months of full-time work experience in Canada in the four years (48 months) in one of the

following jobs listed in NOC:

Registered nurses and registered psychiatric nurses (NOC 3012)

Licensed practical nurses (NOC 3233)

Nurse aides, orderlies and patient service associates (NOC 3413)

Home support workers and related occupations (NOC 4412). Housekeepers are not eligible.

Must meet minimum language levels for the job, CLB 7 for a registered nurse or registered psychiatric nurse, NOC

3012, and CLB 5 for NOC 3233, 3413 or 4412.

Must have a completed Canadian or international post-secondary education credential of at least one year.


3. International Student Visa and PR Stream

A study permit required for foreign nationals in order to study in Canada, unless for Short-term courses of six months or less.

Family members accompanying a foreign representative or the armed forces are also exempted.

To be eligible for study permit, applicant must

Provide an acceptance letter from a Designated Learning Institution

Have intention to leave Canada at the end of study

have enough money for the duration of stay in Canada to pay for: tuition fees, living expenses, and transportation costs

Students can work in campus or off campus during their study. They are also may do co-internship. After Graduation Work

Permit (without job offer), and a PR through Express Entry are also available to international students.

4. Work Permit and Labour Market Impact Assessment (LMIA) and PR Stream

A work permit is valid for maximum period of 4 years and cannot be extended unless 4 years elapsed. To apply for a work

permit, few steps must be taken by the employer and the employee.

A positive LMIA is required to be able to hire a Temporary Foreign Worker, unless for exempted categories such as workers

under NAFTA, or spouses. The process is as follow:

1. A Canadian employer must refer to the National Occupational Classification (NOC) system to determine the skill level

of the occupation.

2. Meet minimum advertising requirements.

3. Meet or exceed the prevailing wage rate for the position.

4. Special conditions apply if you hire foreign workers in some industry sectors and occupations, including seasonal

agriculture, live-in caregivers and occupations requiring lower levels of formal training (NOC C and D)

5. Eligible foreign workers can work in Canada for an authorized period of time if employers can demonstrate that they

cannot find suitable Canadians/permanent residents to fill the jobs and the entry of these workers will not have a

negative effect on the Canadian labour market.

6. Submit an application for an LMIA to Service Canada and pay $1000 application fee.

7. If Service Canada approves the job offer, send a copy of the LMIA confirmation letter to the foreign worker.

8. The employer must advise the foreign worker to apply for a work permit from CIC.

9. CIC must be satisfied that the foreign worker is qualified and meets certification and licensing

requirements for regulated occupations in Canada. Consult the professional association's website to determine the

process for foreign-trained workers.

An international worker under work permit can apply for PR through Express Entry if meet the eligibility criteria.

http://www30.hrsdc.gc.ca/NOC/English/NOC/2006/Welcome.aspx

http://www.workingincanada.gc.ca/home-eng.do?lang=eng

http://www.esdc.gc.ca/eng/jobs/foreign_workers/variations.shtml

http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=emp5517&ln=eng

http://www.cic.gc.ca/english/work/index.asp

http://alis.alberta.ca/certinfo/Content/RequestAction.asp?format=html&aspAction=GetCERTHomePage&Page=CERTHome

http://alis.alberta.ca/certinfo/Content/RequestAction.asp?format=html&aspAction=GetCERTHomePage&Page=CERTHome


U.S Immigration Visas

I. USA Immigrant Visas (overview)

USA immigrant visas are categorized generally under business class, employer sponsored, family sponsored, and social class.

Under family sponsorship, the U.S. citizens or permanent resident can sponsor their spouse and children. Compare to Canada,

U.S. citizen (not the green cardholders) who lives in U.S. can sponsor a Fiancé(e) to marry.

Employment-Based Immigrants, includes four priorities: Priority workers [First], Professionals Holding Advanced Degrees and

Persons of Exceptional Ability [Second], Professionals and Other Workers [Third], Employment Creation/Investors [Fifth],

Certain Special Immigrants [Fourth]

Business class itself includes investors, entrepreneurs, self-employed.

USCIS administers the Immigrant Investor Program (EB-5)

Eligibility criteria for EB-5 (USCIS administers the Immigrant Investor Program) are:

All EB-5 investors must invest in a new commercial enterprise

Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s

admission to the United States as a Conditional Permanent Resident.

Net Assets legally gained and capital investment, generally the minimum qualifying investment in the United States is

$1 million, although the minimum qualifying investment either within a high-unemployment area or rural area in the

United States is $500,000.

III. USA Non-immigrant visa

USA Non-immigrant visas are including visitor visas (tourist, business, and medical treatment), study permits, and work permits.

Treaty Trader (E-1) and Treaty Investor (E-2) visas are two types of visa that issue to only citizens of signed treaties countries. E-

3 is a visa can only to citizens of Australia obtain.

1. Treaty Trader & Investor Visa: E1 and E2

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant

visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for

citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating

countries, select Treaty Countries.

You must be coming to the United States to: engage in substantial trade, including trade in services or technology, in qualifying

activities, principally between the United States and the treaty country; or develop and direct the operations of an enterprise in

which you have invested a substantial amount of capital.

To qualify for a Treaty Trader (E-1) Visa:

• You must be a citizen of a treaty country.

• The trading firm for which you plan to come to the United States must have the nationality of the treaty

country, meaning persons with the treaty country’s nationality must own at least 50 percent of the

enterprise.

• The international trade must be substantial, meaning that there is a sizable and continuing volume of

trade.

• More than 50 percent of the international trade involved must be between the United States and the

treaty country.

• Trade means the international exchange of goods, services, and technology. Title of the trade items must

pass from one party to the other.

• You must be an essential employee, employed in a supervisory or executive capacity, or possess highly

specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do

not qualify.


To qualify for a Treaty Investor (E-2) Visa:

• The investor, either a person or partnership or corporate entity, must have the citizenship of a treaty

country.

• If a business, at least 50 percent of the business must be owned by persons with the treaty country’s

nationality.

• The investment must be substantial, with investment funds or assets committed and irrevocable. It must

be sufficient to ensure the successful operation of the enterprise.

• The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking.

A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank

account or similar security are not considered an investment.

• It must generate significantly more income than just to provide a living to you and family, or it must

have a significant economic impact in the United States.

• You must have control of the funds, and the investment must be at risk in the commercial sense. Loans

secured with the assets of the investment enterprise are not allowed.

• You must be coming to the United States to develop and direct the enterprise. If you are not the principal

investor, you must be considered an essential employee, employed in a supervisory, executive, or highly

specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

• Application Fee $205

The investor, either an individual or business, must possess the nationality of the treaty country, which the nationality of a

business is determined by the nationality of the individual owners of that business such as Pakistan, Bahrain, Iran, Philippines,

Bangladesh, Japan, Singapore, Jordan, Canada, Chile, South Korea, China (Taiwan), Kosovo, Sri Lanka, Thailand, Turkey,

Egypt.

- The investor must have control of the US business by owning at least 50 percent of the enterprise.

- The applicant must make a substantial investment to qualify for the E2 investment visa. However, the

law does not state a minimum dollar amount. Generally, the applicant should be prepared to invest at

least $50,000 US dollars in the E2 enterprise. The actual amount required will depend on the type of

business the investor chooses.

- The law does not specify a minimum business size to qualify for the E2 investor visa. The law requires

that the investor must not be investing in a marginal enterprise solely for the purpose of earning a living.

An applicant is not entitled to E2 visa, if the investment, even if substantial, will return only enough

income to provide a living for the applicant and family. There are various ways to help determine

whether an investment is marginal, in the sense of only providing a livelihood for the investor.

- The spouse and children of the E2 investor may obtain E2 visas for dependent family members to reside

in the US. These family members may apply at the same time as the E2 investor or after the investor has

been issued the E2 visa. Children must be under 21 years old to qualify for the dependent E2 visa.

- Generally, if the applicant is not the principal investor, he or she must be employed in an executive or

supervisory capacity, or possess skills that are highly specialized and essential to the operations of the

commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

- If the investor or employee is inside the US, he or she may apply directly to the US Citizenship and

Immigration Services (USCIS, formerly INS) for a change of status, extension of stay, or change of

employment without leaving the country.

2. TN (Trade NAFTA) Visa

The availability of TN status is the most dramatic immigration benefit of the North American Free Trade Agreement (NAFTA) that includes Canadian and Mexican citizen temporary visitors, treaty traders, investors, temporary workers, and professionals.

TN for Canadians

Unlimited number of renewals is permitted

No forms, quotas or waiting periods are required.

TN status can be obtained in person at the border or via U.S consulates.

http://www.grasmick.com/peacepoe.htm


Requirements for TN Status

(i) A Canadian passport. Applicant must be a Canadian citizen, so Canadian landed immigrants and non-Canadian

citizens must apply for H-1B status.

(ii) Applicant must provide evidence that the intended U.S. business activity and the applicant qualify under Schedule

2 of NAFTA.1

- The professional must be engaged in business activities at a professional level that prearranged by a U.S. entity

(individual or corporation)

- E-2 treaty investor classification may be the appropriate alternative for Canadian professionals as a self-employed.

- The applicant must be in one of the professions listed below and usually must have an accredited bachelor’s degree in

that profession.

1 A list of professionals who qualify under Chapter 15, Schedule 2, of NAFTA is shown on this page, along with permitted fields of activity

where these are limited. Please see Appendix 1603.D.1 of NAFTA

http://www.grasmick.com/invest.htm

Documents

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