TAKI LAW OFFICE / Taki Law Office

Obtaining permanent residency through employment is usually divided into first, second, third, fourth, and fifth priority levels

First-priority application for permanent residency (EB-1)

Other first-priority categories include those with extremely high technical skills and abilities, and distinguished professors. Those in the first-priority category, such as executives of multinational corporations, can apply for permanent residency in this category by demonstrating the following:

1) A parent-subsidiary relationship exists between a company located in Japan (or overseas) and a company located in the United States. This includes cases where the Japanese (or overseas) company directly owns 50% or more of the shares of the U.S. company, or where 50% or more of the U.S. shareholders also own 50% or more of the shares of the Japanese (or overseas) company

2) As an expatriate, you must hold a managerial position, such as department head or executive, at an American company. Generally, the immigration authorities require that executive-level positions not simply mean that the applicant has subordinates, but that the applicant's subordinates have subordinates. In other words, a two-tiered pyramidal management structure with the applicant at the top is necessary

3) Prior to entering the United States as an expatriate on an L visa or E visa, you must have worked for at least one year in a managerial position, such as department head or executive, at a parent company (subsidiary, affiliate) located in Japan (overseas)

4) The position in the United States must be permanent, not short-term. This requires the U.S. company to be deemed large enough to warrant sending a permanent resident from its parent company in Japan (overseas), which necessitates substantial sales and a significant number of employees

Second-priority application for permanent residency (EB-2)

Those applying under the EB-2 form can apply for permanent residency if they have graduated from university and have worked for five years or more in a job related to the business of their sponsoring employer, or if they hold a master's degree or higher

Third-priority application for permanent residency (EB-3)

If you have graduated from university or are working in a job that requires two years of training, you can apply for permanent residency under the EB-3 category

Fifth priority application for permanent residency (EB-5)

To obtain permanent residency through investment, you must meet five main conditions

            We will invest at least $1 million (or $500,000 in designated specific regions)

            Investors must make investments with the expectation of a return

            Investment funds must be obtained legally

            You must employ at least 10 people

            A new business must be either a newly established company or a business that is having difficulty continuing to operate

The regions requiring a $500,000 investment are designated areas with little or no industry and high unemployment rates. Examples of these designated regions include Alabama, Arizona, Connecticut, Massachusetts, New Jersey, Puerto Rico, Texas, North Carolina, and New York. States outside of these designated regions require a $1 million investment. This investment does not have to be cash. It can be tangible assets such as inventory or machinery. It can also be obtained through loans based on the investor's assets (e.g., mortgages). However, loans made to or from companies established by the investor in the United States are not included in this investment amount. Jointly owned assets cannot be included in the $1 million investment

③ Non-immigrant visa

◉B visa

 Obtaining a B-1 visa allows you to conduct business negotiations, enter into contracts, purchase goods, and engage in legal proceedings. However, this visa does not permit you to work in the United States under an employment relationship. To obtain a B visa, you must meet the following conditions:

        The applicant must stay in the United States for a limited period of time

        You intend to leave the United States after that period ends

        To maintain the intention of considering Japan as one's home country while residing in the United States

        In the United States, you are only required to use the visa for the purpose you stated when you applied for it

        You must prepare the funds for travel to the United States, accommodation during your trip, and return travel expenses to Japan

A B-2 visa is available primarily for tourism or caring for a family member in the United States. To obtain this visa, you must prove your purpose of travel, possess a valid passport, and have a return air ticket upon entry into the United States

B-1 and B-2 visas are typically issued for five years, but only allow stays of 3-6 months per entry. Therefore, a B-1 visa is not suitable for long-term stays. If you are planning to start a business in the United States or are considering a long-term stay, a B visa is not suitable

◉ E Visa

E-1

An E-1 visa is issued to companies whose nationality is from a country with which the United States has a trade treaty (Japan is included in this category) when they conduct trade between that country and the United States. The main requirements for obtaining an E-1 visa are that a Japanese national or a Japanese company owns 50% or more of the shares of the sponsoring company, and that the company conducts trade business with Japan

E-2

An E-2 visa is issued to companies of countries with which the United States has a trade treaty (Japan is included) that invest in the United States. To obtain an E-1 visa, the main requirements are that a Japanese national or a Japanese company owns 50% or more of the shares of the sponsoring company, and that the company is investing in the United States

◉ F Visa

The F-1 visa is for individuals staying in the United States for the purpose of studying, such as attending an English language school, university, or graduate school. To obtain an F-1 visa, you must obtain proof of enrollment (Form I-20) from an American school, demonstrate your ability to pay tuition fees, have a clear purpose after completing your studies, and intend to return to your home country afterward

◉ H Visa

H-1B

An H-1B visa is a visa that allows foreign nationals to be employed in the United States for a limited period in a professional occupation. A professional occupation is one that requires advanced and specialized theoretical knowledge, and those who obtain an H-1B visa must possess that advanced and specialized knowledge or have equivalent qualifications. Examples of professional occupations include medicine, law, accounting, architecture, education, engineering, physics, mathematics, and computer engineering. To work in these occupations, a bachelor's degree or higher education, or equivalent experience is required. Specifically, one year of education can be substituted with three years of work experience. If the applicant's highest level of education is a high school diploma, they can apply for an H-1B visa if they have 12 years of professional experience. Also, if the applicant's highest level of education is a community college, and their community college major is related to the professional occupation, only six years of professional experience is required. Regarding education, it is not necessary to obtain a bachelor's degree or higher in the United States. A bachelor's degree from a foreign country is also accepted

The H-1B visa allows you to stay and work in the United States for a maximum of six years. Of course, there are exceptions; if you are in the process of applying for a green card and more than one year has passed since your application, you can extend your visa annually after the initial six years (or every three years if certain conditions are met). This maximum period of stay does not change even if you change employers

H-3

The H-3 visa is for training in the United States. To obtain an H-3 visa, you must prove that the training in the United States is something that cannot be obtained in your home country (Japan). The training is solely for the purpose of training the trainee and should not be productive. Therefore, employing a trainee must not replace the work of an American worker. Furthermore, after the training, the trainee must be able to perform their duties outside the United States (in Japan) in a way that is useful to them

◉ J Visa

This visa is for individuals who have graduated from a university, junior college, or vocational school in Japan and have worked in a field related to their major for one year, or those who have graduated from a high school in Japan and have worked in a specialized field for five years. Japanese educational qualifications are required; American educational qualifications are not accepted. There is no specific definition of "work experience," such as whether it is permanent or temporary employment. Applicants must be employed by an American company (regardless of whether it is American or Japanese), and the job must be related to their academic background or work experience in Japan. There is no deadline; applications are accepted on a rolling basis. The maximum duration is 18 months. Applicants can request extensions within 18 months. Even if an application is initially submitted for 12 months, it can be extended up to 18 months if the sponsoring company continues the program. As this is a training visa, applicants must intend to utilize the training results in Japan after completing their work

(The Grace Period is 30 days.) While not mandatory, it is advantageous to provide proof at the time of application that you have a job lined up and what kind of work you will be doing upon your return to Japan. Also, the job you take after returning to Japan does not need to be related to the occupation you were training in

◉ L Visa

L-1A

The L-1A visa is for employees dispatched from a Japanese company to a subsidiary in the United States. To obtain an L-1 visa, the Japanese company must own more than 50% of the U.S. company, or the shareholders of the Japanese company must directly or indirectly own the U.S. company. In addition, the applicant must have worked in a managerial position at the Japanese company for at least one year within the three years prior to the application

L-1B

The L-1B visa is for employees dispatched from a Japanese company to a subsidiary in the United States. To obtain an L-1 visa, the Japanese company must own more than 50% of the U.S. company, or the shareholders of the Japanese company must directly or indirectly own the U.S. company. In addition, the applicant must have worked in a specialized knowledge position for a Japanese company for at least one year within the three years prior to the application

◉ O Visa

O-1

The O-1 visa is granted to individuals with highly specialized skills. Whether or not the visa is approved depends on several categories, and the criteria for approval differ for each category

First, the first category is scientists, educators, businesspeople, and athletes. This category is considered to have the strictest screening process among the 0-1 visa categories. To pass the screening, you must meet at least three of the following eight conditions

1) They have received internationally recognized awards

2) Being a member of an association that imposes strict conditions for membership

3) It has been featured in well-known publications or media outlets

4) I have experience in judging manners and conduct in this field

5) They have made significant contributions in the relevant field

6) I have published articles in specialized magazines or well-known media outlets

7) You are currently working for or have experience working for a highly reputable organization

8) Their income is extremely high

When artists and entertainers (excluding those in the film and television industries) apply for O-1 status, they must meet at least three of five conditions. What are these five conditions?

1) In a work that has been publicly released, the person has played or is scheduled to play a major role

2) It was featured extensively in newspapers, magazines, etc., or received high praise

3) He played a major role in prominent organizations within the media

4) There is a record of significant achievements

5) It received high praise from prominent organizations, critics, government agencies, and experts

◉ P visa

The P-1 visa is obtained by individuals or groups active in the fields of entertainment and sports who wish to participate in competitions, events, etc., overseas. To obtain a P visa, one of the following conditions must be met:

1) To participate in internationally renowned sporting events, either as an individual or as part of a team

2) To work with internationally renowned entertainment groups

3) If you are a member of an entertainment group, you must have been a member for at least one year, and 75% of the members must have been the same members for the past year

◉ R Visa

The R-1 visa is available to individuals who will work as missionaries, staff, or in other directly related positions for a religious organization recognized as a religious organization in the United States, who have been a member of that organization for the past two years, and who will continue to practice that religious organization in the United States. For staff positions, a four-year university degree or equivalent is required

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④ Company establishment

    Company registration and establishment