Interview with Dr. Fernando Socol with INFOBAE, the largest digital media outlet in Argentina and the leader in the Spanish-speaking world.
Work visas for the United States come in various forms and remain in high demand in Argentina, despite President Donald Trump’s invective against immigration.
“Immigrating to the United States is a dream shared by many people around the world, especially Argentines, although Trump’s immigration policies are currently causing them to explore other countries as well,” Fernando Socol, of the Fernando Socol P.A. Immigration & Business Law firm, told iProUP.
What are the most commonly requested work visas?
“One of the most common mistakes is starting the process without knowing the different visa options available, each with different requirements, processes, and timeframes. Understanding which one best fits the applicant’s profile is key to not wasting time or resources,” explains the expert.
Socol lists the most frequently requested visas by Argentines and their main requirements as follows:
1. Investment Visa
Chosen by those seeking to start or expand businesses in the United States. Generally speaking, to obtain this visa, you must purchase a business valued at approximately US$150,000 or more. This figure is not official, but it is what is required, especially in Miami.
The figure results from what they call “marginality,” which means that the consulate must believe that you will be able to make a living from the business you purchase. Today, a business worth US$100,000 is no longer enough.
2. Extraordinary Ability Visa
This visa is used for talents in areas such as sports, the arts, or entertainment. It is also used for people who excel in business or their profession, when they can demonstrate that they are one of the best in their country.
You must demonstrate that you solidly meet three or four of 10 requirements, including:
- Having won awards
- Having written evidence demonstrating that you have that skill
- Receiving a high salary compared to your field
- Being a judge of others in the field
- Original contribution to the field
It’s difficult to obtain, but once obtained, it constitutes permanent residency for the individual and their family.
There is a temporary version of the talent visa, which requires an employer to endorse it, such as someone going to the United States to teach tango classes.
3. Work-Based Residency
This must be obtained through a formal job offer. The general requirement is having a job offer from an employer, but it takes between three and four years.
In addition, there are only 60 annual H1B visas available, and it is so in demand that the quota is usually filled by April 1st; the rest of the year, you can’t go to work.
However, there is an exception for Argentines who own a business, called E2 employees, who can bring essential workers who are also Argentine. In this case, it is not advisable to have a permanent residence green card but rather to be a “pure Argentine.”
4. Trade Exchange Visa
The E1 or trade exchange visa is granted when, instead of making a substantial investment, substantial shipments are made. It is for importers and exporters of goods and services from Argentina to the US or vice versa.
For the I visa for journalists, the employer must write a letter stating that the employee must cover an event, for example. It is not advisable to enter with a tourist visa in this case, because the United States can cancel the tourist visa if it discovers that the individual is working.
Applying for a US Visa: What to Avoid
“Whether for work, family, academic reasons, or simply seeking new projects, obtaining a visa to enter this country can be a complex and challenging process. However, many aspiring emigrants make common mistakes that can jeopardize their chances of successfully obtaining a visa,” says Socol.
The expert details five key points that those interested in emigrating to the United States are sometimes unaware of or don’t take into account:
1. Not knowing the available visa categories
You should be aware of the different types of visas that you can use to immigrate for work.
Meanwhile, he points out that the Green Card for “permanent residency is only processed once you are already in the United States; a labor certification is required, and obtaining it takes about three years. It’s for someone who is already working, who is known, and who wants to regularize their status.”
2. Lack of Planning and Incomplete Documentation
- Another common mistake is not planning the process or gathering the necessary documentation in advance. Incomplete or missing forms or errors in the information submitted are common causes of rejections or delays.
- Having a detailed checklist of requirements and reviewing all documentation before submitting the application can make all the difference.
3. Not Meeting Eligibility Requirements
Each visa requires conditions.
