Us Work Visa For Italian Citizens
Did you know that Italian citizens can obtain a U.S. work visa? You’ll be relieved to know that Italian citizens are eligible to obtain U.S. work visas under three different programs: the B-1 business visa, the H-1B specialty workers visa, and now, the TN NAFTA professionals visa!
Perhaps the biggest advantage of obtaining us work visa for Italian citizens is the ability to apply for permanent residency once you are eligible. In addition, a spouse or an unmarried child of a U.S. citizen is eligible to apply for permanent residence after he or she has spent two years with the family member who sponsored them and submitted an application for adjustment of status.
The European Union allows its member states a certain degree of freedom when it comes to immigration. While the Schengen Agreement makes it possible for nationals from the other 27 member states to cross borders without showing their passports, non-EU/EFTA citizens benefit from visa-free travel only if they possess a valid Schengen visa. In many cases, obtaining one is not much of a challenge.
Us Work Visa For Italian Citizens
Italian citizens can apply for a US work visa if they’re willing to do so.
To do this, you must first get a job offer from an American company. Once you have that, you can apply for the visa at your local U.S. embassy or consulate in Italy. In order to get the visa, you’ll need to prove that you meet all of the following requirements:
-You are at least 18 years old
-You have a valid passport from Italy
-You are able to show proof of employment in America (a letter from your employer)
-You have enough money to support yourself while in the United States
If you are an Italian citizen, you can apply for a US work visa through the H-1B program.
The H-1B visa was created in 1990 to allow US employers to hire foreign workers in specialty occupations that require theoretical and technical expertise.
The H-1B program allows employers to sponsor their employees for either a one-year or three-year period of full-time employment.
Qualifying for an H-1B visa requires a bachelor’s degree or higher in a field related to your position, or successful completion of a one-year postgraduate training program. You must also have at least one year of specialized experience directly related to your position.
If you’re an Italian citizen, you might be able to get an E-3 visa.
You can apply for an E-3 visa if:
You have a bachelor’s degree or higher in any field and a job offer from an employer in the U.S.
You can work in the U.S. for up to three years as long as your employer keeps their promise to pay you at least $60,000 per year (a minimum of $50,000 if your employer is not listed on the Corporate Registry).
Your spouse and children under 21 can also come with you to live in the U.S., as long as they have valid visas or green cards.
E-2 VISA APPLICATIONS FOR ITALIAN NATIONALS
E2 Case Studies
E1 Treaty Trader
L-1 Transferees
EB5 Investor Green Cards
Qualifying for the E-2 Investor Visa Program as an Italian
Broadly there are two type of Italian Nationals who can benefit from the E-2 “treaty investor” program:
- Business Owners & Investors making a “substantial” investment by opening a business in the United States; and
- Employees of Qualified Italian E-2 Employers.
E-2 Visas for Italian Investors & Business Owners
Italian Nationals starting or acquiring a business in the United States may be eligible for an E-2 visa allowing them to lawfully operate that business from within the United States.Visas for Employees of Italian E-2 Businesses
A U.S. business owned by Italian Nationals may hire certain specialist Italian employees to work in the United States in E-2 Status.Why is an E-2 Visa Appropriate for Italian Nationals?
Special treaties exist between the United States and Italy that allow Italian Nationals to apply for E-2 visas, or treaty investor visas, in the United States.Source of Funds
E-2 visa applicants are required to prove that the funds used to purchase or start a business in the United States were lawfully earned in the country where they were earned. While the funds can be earned in ANY country, including the United States, in the case of Italian applicants this usually means documenting that funds were lawfully earned in Italy. Our Italian team in Rome are able to assist clients with this and other relevant issues. To our knowledge no other firm provides this service.Do E-2 Visa Applicants who are Italian Nationals require a Business Plan?
A business plan can completely critical for a successful Italian E-2 visa application.
Our firm’s review of denied E-2 cases referred to our firm confirms just how critical the E-2 business plan is.
We strongly advise clients to hire E-2 visa law firms who have a very substantial and meaningful role in the PREPARATION and WRITING of the E-2 business plan.What is a “Vetted Company?”
The U.S. Consulate in Rome maintains a list of “vetted companies” that can be found by clicking on this link. Applications for an E-2 visa from employees of these employers can process more efficiently with less documentation. Please contact our office for additional information.Can I Apply for an E-2 Visa from within the United States?
While it is not possible to obtain an E-2 visa from within the United States Italian Nationals are potentially eligible to “change status” to E-2 “status” after having entered the United States using a different type of visa. “Changing Status” is a process that has very distinct and special considerations that need to be discussed with an immigration lawyer experienced with handling this process, our experienced E2 visa lawyers are ready to discuss this process with you.What is Davies & Associate’s Record with E-2 Visa Applications?
Davies & Associates may be unique in terms of the success of our Italian E-2 visa team. As of October 30, 2014 no E-2 visa application prepared by Davies & Associates has never been denied. We are also frequently called upon to assist clients whose E-2 visa applications have been prepared and filed by other law firms and denied, while it is not always possible to “rescue” these cases our firm does have a strong history of success in doing so.A Dual Presence in the U.S. and Rome:
The Optimal E-2 Visa Approach
To our knowledge Davies & Associates is the only dedicated U.S.-based business immigration law firm to maintain a presence in Rome. This dual presence uniquely positions our firm to assist Italian E-2 visa applicants.
Processing Location
While “changing status” to E-2 status involves filing a Petition with USCIS in the United States, obtaining an E-2 visa involves working with the U.S. Consulate in Rome.
Consular Knowledge: Unique Procedures in Rome
The U.S. consulate in Rome maintains E-2 visa application procedures that are unique to the U.S. consulate in Rome. Further, the identity of the specific officers working on the “E-2 desk” in any consulate can heavily impact E-2 visa processing. Maintaining direct local knowledge of the U.S. consulate in Rome is therefore essential.
Local Interviews
Since July 15, 2013 all Italian E-2 visas applications have been processed in Rome and require the applicant to attend an interview in Rome. Preparing a client for this interview in Rome is usually therefore an efficient and effective approach.
The ability of a law firm to work both in Rome and in the United States is therefore highly beneficial.Applying for a U.S. Passport as an Italian E-2 Visa Holder
There are several ways for an Italian National in E2 status to apply for U.S. Nationality. These ways include but are not limited to applying as:
- An international executive (“EB1(c)”)
- An outstanding individual (“EB1(a)”)
- Work based (“EB2/EB3”)
- Investor visa program (“EB5”)
Our U.S. office frequently provides clients with advice on these and other processes.Applying for Italian Nationality:
The only Route to an E-2 Visa?
Nationals of non-E2 treaty countries, such as Brazil, are unable to obtain E-2 visas. For applicants from these countries the ability to obtain Italian Nationality can sometimes be the only route to an E-2 visa. A surprisingly large number of Brazilian Nationals do qualify for Italian Nationality.
Through our relationship with Cavalier & Cavalier in Rome our firm can also assist eligible U.S., Brazilian and other Nationals obtain Italian Nationality.
Conclusion
It’s undeniable that there’s a lot of competition to get an Italian residency permit as an EU citizen. Therefore, if you’re planning to live and work in Italy, planning is vital. Work visa applications can be tricky, since they may not be straightforward depending on your country of origin. Thus, it is important to get the basics right.
With the impending Brexit, many EU citizens are looking to find new jobs and relocate to countries they may feel more welcome in. That said, Italy is a nice country with very beautiful cities, but it’s not easy to go there unless you’re Italian or married to an Italian citizen. If you are lucky enough to have an Italian passport then travelling to, working in as well as residing in Italy will be much easier for you, especially if you have a job with one of these companies.