In this presentation, immigration attorney Kelly Decsy explains a range of U.S. non‑immigrant visas that are often overlooked. She begins with treaty‑based specialty visas—TN (Canada/Mexico), E‑3 (Australia), and H‑1B1 (Chile/Singapore)—highlighting that they function like H‑1B visas but avoid the lottery. She then details the O‑1 visa, distinguishing the O‑1A (science, technology, academia, athletes) from the O‑1B (entertainment, artists, social‑media creators) and notes the O‑1’s three‑year term, renewability, and direct green‑card pathway. The L‑1 intracompany transferee visa is described, emphasizing employer sponsorship for employees transferred from abroad. The E‑2 investor visa is covered, noting the roughly $100K at‑risk investment, treaty‑country restrictions, spouse work authorization, and lack of a direct green‑card route. Decsy discusses spouse work rights across visas, explaining that O‑1 spouses cannot work while L‑1 and E‑2 spouses can. She provides practical timelines: O‑1 preparation takes 4‑6 months, with government processing about 8 weeks, and premium processing (15‑day) available for some visas. Legal costs vary by case. The differences between work visas and B‑1/B‑2 visitor visas are clarified, warning that unauthorized work can lead to bans. Finally, she warns of modern enforcement practices, including border officers’ ability to check social‑media accounts, and advises caution. The session is interactive, with audience questions about timelines, costs, and specific visa nuances.
Chapters
Okay. So these are kind of like the H-1B, but they're specialty visas only open to certain countries, and most people don't really know they exist. So the TN, the E-3, the H-1B1. So these are specific to those countries. It is like the H-1B where it's specialty occupation driven with having an employer and having, you know, either past work experience or having a degree. But they're only open to certain countries. So the TN visa is going to be for Canada and Mexico. The E-3 is for Australia only. The H-1B1 is for Chile and Singapore. These are countries for whatever reason we have a special treaty with and they get these special visas. So it's like the H-1B, but they don't have to submit to the lottery system. It's just a lot easier for them. They just submit the paperwork and as long as they fit the criteria, they get it. Anybody who are from these countries? Yeah.
Yeah.
See, lucky you guys. The O-1 visa. So this is what commonly is gotten by a lot of entrepreneurs, a lot of people in the tech industry. There is various different types of So normally you guys are going to fall under the O-1A visa. So there is O-1B, O-2, O-3. Most of you guys are going to fit under the O-1A. A lot of people try to Google the O-1 visa and so much different information comes up because there is different kinds and people don't realize that there's all these different subcategories that are completely different visas. The O-1B is for the entertainment industry. So those categories aren't going to apply to you and people get confused and go, but, but it says I need this. So you look for specifically for the O-1A if you're going to look up this visa. It is a 3-year visa. It is continuously renewable. There is also a pathway to a green card. So there is a specific green card that stems out of the O-1 visa structure. The L visa. Yes?
What about the spouse? Can the spouse work on their own?
On their own? No, they cannot. They can come here. They can stay. They can go to school, but they cannot work. So every visa has a different rule on what the spouses and children can and cannot do. You could always bring them, but whether they're able to work is a different story. Yes, I see somebody. Can you talk a little bit about other kinds of O visas?
Like O-1B and—
Okay. So the O-1B is for the entertainment industry. So that is going to be anybody, musicians, you know, directors. Huh?
Maybe a video blogger?
Yes. Social media. We call them social media, you know. So all those people will fit under the O-1B. It's a little bit different. This criteria is a little bit easier than it is for the O-1A. Yeah, but anybody that's in that realm, you know, dancers, musicians. What criteria is for the— So that's a lot longer conversation. I could give you a card because there is 5 criteria to the O-1B visa. There's 8 criteria to the O-1A. But yeah, so we can talk after.
Yeah.
I saw it shows that only accomplished in professions in art, design— on the last slide. Art, design, science. So anything except for that is not included for O-1 visa? So the O-1 visa, I mean, if I listed everybody that comes under the O-1 visa, there wouldn't be enough room in the day. Because literally so many different types of people will fall under the O-1 visa structure, whether the O-1A or the O-1B. You know, so again, O-1A is more tech, gaming, professors, professional athletes, and then O-1B is more entertainment, live performers, artists, things of that nature. So it's super, super broad in who can and cannot, and some people can do either, kind of like graphic designers. Some people kind of are on the balance between the two. Oh wait, okay. The L visa. So this is the intracompany transferee visa. If you're working for a company outside of the US, for more than a year, then they can transfer you to their American branch or their American office, whichever it may be. So this would be done by them. It has to be sponsored by the employer. E-2 visa. This is only available to specific countries that have a visa with the United States. So some countries can do this visa, some countries can't. It's an investment visa but less than the EB-5. So this one is a minimum $100,000 at-risk investment into a company into the United States for you to be able to get this visa.
What about spouse?
Spouse can work on this one. Yeah. It's all about work authorization. L-1 spouses can work. E-2 spouses can work. Obviously, you have to submit the paperwork, but—
Can the L-1 get work? Yes. Yeah. Can you please tell the rough timeline for the O-1 and the E-2?
How long it takes, like, from the day you The day you sign up with us, like I want to do this visa, to getting a response from the government?
Say you have all those things you need for the O-1. Just the legal part of it.
Okay. So with the O-1, the day you come to us and we say these are the documents we need, right? We give you a piece of paper that says here's the 1,000 documents. I'm kidding. It's more like 50. 50 documents we need. It takes about 4 to 6 months to get a response from the government. So the actual waiting period for the government with the O visa is really, right now it's about 8 weeks once we actually submit it to the U.S. government. Other visas take a lot, lot longer. You also have the option with certain visas to do what's called premium processing, which means you get a response within 15 days from the government. That's not open for every different type of visa. So if you are in a rush, you might want to look for one of the visas that that is an actual option because it's not—
What's the rough legal cost?
Oh my God. So different. So, so different depending on what you're doing. Depending on the title. So, yeah. And that's a whole different conversation. Yeah. L-1? No problem. Anybody else? No? Yeah.
Question. So what's the difference if you're having one of these visas or you have a B-1/B-2 visa? If you have a B-1/B-2, can you just like go out of the country and come back?
And then at some point they catch you and then they bar you from ever coming back.
Oh.
So, yes, can you come in and out of the country? You have a 6-month limit generally depending on the country that you're coming from. Each country does have different rules slightly for the B-1. But yes, you can come into the country and be in the country for about 6 months out of any kind of given time and/or calendar year coming in and out. But you're not allowed to do work in America. So if they ever get wind that you're doing more employment or work in America versus just taking meetings and doing that side of it, they will stop you. And we definitely get people who kind of are walking that line, walking that gray line, and they get stopped after some— because they look how many stamps are in your passport. And they go, oh, you've come here 15 times in the last 2 years? And then they Google you. And guess what comes up?
Oh.
You own a business in America. So they can Google you, you guys. This is— it's the day and age where someone can whip out their phone and know everything about you in about 15 seconds. They are now allowed to check your social media accounts too. So that was another Trump era change is that they are allowed to get into your social media accounts. So when they're evaluating you and for these visas at the border or whatnot, they can go right into them and see, oh, so you've been posting that you've been working at a shop here in America. Here you go. And they'll show it to you. So the government will find out, guys. E-2, we kind of went over this. Anybody want me to go over it more since we kind of went back a little bit?
Yeah.
Yeah? Okay. So this is minimum investment $100K at-risk investment. Obviously, the more the better. This is for you creating a company here in America. Yes, your spouses get work authorization. Issue is that this is not a way or a pathway to the green card. Anybody else?
Is it open to all countries?
No. E-2 is specific countries. You can look up a list on the government website. You can see what countries are under the, you know, E-2 treaty visa. There is a lot of countries up there. So it's not like that shorter list where we looked at is just Canada and stuff, but it is specific countries. Can you just repeat that? Yeah.
You said it's not a path for the green card.
Right.
Does it block your green card in other paths?
No. It doesn't block it. It just doesn't have a direct route to it. Like the O-1 visa has a direct green card that stems out of it that you can apply for. This one doesn't. You'd have to jump on a different type of visa, a different type of green card. Okay?
