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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
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Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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-a3 What labor laws do I have to fulfill as per generated job

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-a3 What labor laws do I have to fulfill as per generated job for the E-2 visa?
What do you mean, exactly? Are you the owner of the company? How much money are you investing?
Cliente: escribió hace 5 años.
thanks, XXXXX XXXXX the owner of the company, since I want to do the E-2 fully legal, I am interested in knowing which laws apply for job creation and responsibilities I aquire as owner with the employees and the state or federal emplyer laws, thank you
Which country are you from? What amount do you have to invest in the U.S.?
Cliente: escribió hace 5 años.
I am from Mexico, with an investment of 140,000 USD

That's close, but it may not be enough. The law does not say how much it should be, but most attorneys will not take a case that has less than a $200,000 investment. Why? Because while some cases for less than that amount have been approved, the chances of approval are low. Here is an official link to the E-2:




Again, you won't find a minimum dollar amount, but $200,000 or more is a safer amount. The money must be invested and at risk before the visa can be issued. It must be invested in an active business where you will be involved in day to day decisions. So for example, you just couldn't be a house and that would be enough. Also, there is no minimum amount of employees you must hire, but your company should produce enough to employ you and perhaps one or two other U.S. workers. Employing your family does not count.


An L-1A is a possibility if you have a business outside of the U.S. for 1 year or more and you would be investing $100,000 or more in an active business in the U.S., but you must continue to run both companies. Here is a link:




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Cliente: escribió hace 5 años.
I already read the L1 visa, so this means I can open an office in the US and make a petition for myself?
Yes, as long as the investment around is high enough, the business is an active one, and the investment is at risk (already invested). Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Cliente: escribió hace 5 años.
In the case of Mexico, as an employer, it is required by the law that you have to pay for social security, make deposits to the 401k program and pay for social interest home mortgage, all for the employee; are there equivalent laws or requirements to hire a worker in the US? or I can just pay the worker his week without any other legal requirement?

If you hire a worker, you have to arrange for payments into social security, not the 401k nor anything else. There may be additional taxes depending on the state, but that I cannot help you with. As far as any other requirements, you should speak to an accountant about that. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

Cliente: escribió hace 5 años.
thank you, XXXXX XXXXX social security law I have to fulfill have a code or a number so I can refer to when I mention it?

Here is a link:




Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

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