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Visa and immigration by Terik Hashmi

Terik Hashmi advises multinational corporations, emerging growth companies, investors, executives, entrepreneurs, and family offices on sophisticated U.S. business immigration, global workforce mobility, and cross-border employment strategies. For more than 30 years, his practice has focused exclusively on U.S. immigration and nationality law, helping businesses attract, retain, and deploy international talent while navigating complex regulatory requirements.

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Expert Immigration Assistance

Terik Hashmi is an experienced U.S. immigration attorney specializing in corporate immigration law who assists international athletes, artists, entertainers, performers, and other distinguished professionals in pursuing opportunities in the United States. For over 30 years, his practice has focused on U.S. immigration and nationality law.

Mr. Hashmi provides comprehensive visa assistance to clients seeking O and P visas, including those with extraordinary ability or achievement in athletics, the arts, entertainment, business, and related fields. He collaborates with athletes, artists, teams, agents, managers, sponsors, production companies, and other petitioning organizations to devise immigration strategies tailored to each client’s achievements, professional engagements, and long-term objectives.

His representation encompasses evaluating eligibility, structuring U.S. engagements, organizing evidence of professional distinction, and preparing petitions that clearly and persuasively showcase each client’s career and accomplishments. He recognizes that athletes and artists often encounter intense competition and performance schedules, multiple employers or engagements, international travel requirements, and time-sensitive professional opportunities.

Beyond O and P visa matters, Mr. Hashmi advises corporations, investors, executives, entrepreneurs, and family offices on employment-based immigration, executive and professional visas, and corporate immigration compliance, as well as family-based immigration, removal defense, and cross-border mobility. With experience representing clients from more than 140 countries, he offers a genuinely international perspective on complex immigration matters.

Mr. Hashmi has also held senior leadership roles directing immigration practices, supervising attorneys and legal professionals, managing substantial case portfolios, and representing clients before U.S. immigration agencies. His approach combines meticulous legal analysis with practical, responsive guidance tailored to each client’s professional goals.

Mr. Hashmi earned Bachelor of Arts degrees in Political Science and Diplomacy & Foreign Affairs from Miami University in Oxford, Ohio, and his Juris Doctor from Cleveland-Marshall College of Law. He later achieved an LL.M. in Transnational Business Practice through the University of the Pacific McGeorge School of Law and the University of Salzburg Faculty of Law in Austria. He is admitted to practice in Ohio and is fluent in French.

U.S. business immigration options for extraordinary talents

Immigration Planning for Artists and Athletes Who Want to Build a US Business

By Terik Hashmi

An athlete’s next professional chapter may involve running an academy. A chef may see an opportunity to turn a distinctive culinary style into a teaching institution. For accomplished people considering a move to the United States, those ambitions raise immigration questions that extend beyond their qualifications as performers or competitors.

Business immigration offers several possibilities, depending on how the venture is financed, who owns it, and what the founder will actually do. E-2, EB-5, and L-1A classifications each approach those questions differently. Three hypothetical ventures illustrate why choosing a category requires a close look at the proposed enterprise.

Separate the business opportunity from personal eligibility

Suppose a celebrated pastry chef and a foreign investor plan a culinary school in Florida. Their contributions complement each other: the chef designs the courses and establishes the school’s identity, while the investor supplies capital for the premises, kitchens, and initial operations.

The partnership may support an EB-5 case for the investor. It does not, by itself, provide immigration status for the chef. The partnership may support an EB-5 case for the investor.

As of September 2026, the required EB-5 investment is generally $1,050,000, or $800,000 for a qualifying targeted employment area or infrastructure project. Locating a school in Florida does not automatically qualify it for the lower threshold. Statutory inflation adjustments are scheduled to begin January 1, 2027, so the amount applicable at filing matters. EB-5 investment requirements

A standalone school project must create at least ten qualifying full-time direct jobs per EB-5 investor. Its staffing plan may include instructors and administrative personnel, but each proposed position must meet the program’s requirements. The investor must also establish the lawful source and path of the capital, place it at risk, and participate in management through daily operations or policy formulation. USCIS EB-5 guidance

If the chef wishes to pursue EB-5 independently, the chef must make a qualifying investment and meet the remaining requirements. Recipes, reputation, and teaching services cannot substitute for the required capital. Otherwise, the chef needs a separate basis for working in the United States, even though the school benefits from the partner’s investment.

Use investment to establish a business you can direct

Now consider a Japanese judo champion planning an American training academy. The proposed business could offer recreational classes alongside intensive coaching for competitive athletes. The champion intends to invest in the facility and direct its development.

Japan’s E-2 treaty eligibility makes the treaty investor category worth examining. E-2 has no fixed minimum investment amount. Instead, the investment must be substantial in relation to the cost of purchasing or establishing the particular enterprise. A modest academy and a major athletic complex therefore require different financial analyses.

Money held aside for a possible future project is insufficient. The application must demonstrate a genuine commitment of lawfully obtained funds to a real enterprise, with the investment exposed to commercial loss. The champion must also have authority to develop and direct the academy, ordinarily demonstrated through at least 50 percent ownership or another qualifying arrangement for operational control. USCIS E-2 requirements

Commercial credibility matters. The academy must have the present or future capacity to support more than a minimal living for the investor and family, or to make a significant economic contribution. A persuasive plan would explain tuition, expected enrollment, operating expenses, and staffing. The champion’s reputation may support the enrollment assumptions, but projected revenue still needs a reasonable basis. USCIS entrepreneur guidance

Expand an overseas enterprise through a management transfer

An established foreign business creates another possibility. Although it falls outside the arts and athletics, a pharmacy example helps explain the distinction.

Imagine a pharmacist who manages a German pharmacy company and wants to acquire a mobile-pharmacy operation serving Native American communities in the American Southwest. An L-1A strategy would depend on a qualifying relationship between the overseas and U.S. businesses and a genuine managerial or executive assignment in America.

The pharmacist generally must have completed at least one continuous year of qualifying employment abroad within the relevant preceding three-year period. The qualifying overseas business must remain operational during the transfer. Buying an American company cannot, on its own, supply the necessary employment history or corporate relationship. USCIS L-1A eligibility

The proposed duties deserve particular attention. Overseeing licensed professionals, controlling budgets, and directing the operation’s expansion may support a management case. Spending most working hours driving the vehicle and dispensing prescriptions would raise a different issue: the applicant would principally be delivering the service. A senior title would not resolve that problem.

If the petition falls under the new-office provisions, initial approval is limited to one year. The evidence must demonstrate that the U.S. operation will support a managerial or executive position within that period. Acquiring an established business does not automatically make it a new office. Pharmacy licensing and the permissions or agreements needed to serve participating communities must also be addressed separately from immigration approval.

Make the business documents support the immigration strategy.

Each venture requires evidence that connects its finances to its proposed operations. For the academy, enrollment forecasts should support the staffing budget. For the culinary school, the payroll projections should explain how qualifying jobs will be created and sustained. For the pharmacy, the organizational structure should show who performs the professional services the manager oversees.

These questions can expose problems while they are still fixable. A founder who expects to teach every class may need a different staffing structure from someone proposing an executive transfer. A partnership that divides funding and expertise must also identify which participant independently qualifies for which immigration benefit.

The timetable matters as well. E-2 and L-1A authorize temporary stays; neither automatically produces permanent residence. EB-5 is an immigrant route that initially leads to conditional permanent residence, followed by a process to remove the conditions. Ownership alone does not authorize a founder to work in the business. USCIS entrepreneur options

Before signing major commitments, founders should align ownership documents, staffing plans, and launch schedules with immigration requirements. Professional achievement can help attract customers and partners. Building a viable U.S. enterprise requires a legal structure that also supports the founder’s intended role. (Terik Hashmi)

Terik Hashmi, immigration and visa attorney, handles immigration before USCIS for extraordinary tale

Visa & Immigration for extraordinary talents

Visa options for extraordinary talents, by Terik Hashmi

O-1 Visa Guide: Extraordinary Ability and Achievement

The O-1 visa permits highly accomplished individuals to work temporarily in the United States in their area of extraordinary ability or achievement. It has no annual numerical cap, but it is not a general visa for anyone who is talented or successful. The evidence must prove sustained recognition under the standard applicable to the applicant’s field.

Who May Qualify?

The classifications include:

O-1A for extraordinary ability in science, education, business, or athletics;
O-1B for extraordinary ability in the arts or extraordinary achievement in motion pictures or television;
O-2 for essential personnel accompanying an O-1 artist or athlete; and
O-3 for spouses and unmarried children under 21.

An O-1 applicant must come temporarily to continue working in the area of extraordinary ability. The proposed activities should relate credibly to the field in which the person achieved recognition.

O-1A: Science, Education, Business, and Athletics

An O-1A applicant must demonstrate sustained national or international acclaim and show expertise indicating that the person is among the small percentage who have risen to the field’s very top.

Eligibility may be established through a major internationally recognized award or evidence satisfying at least three regulatory criteria. These include recognized prizes, selective memberships, published material, judging others’ work, original contributions of major significance, scholarly authorship, critical employment for distinguished organizations, and high compensation.

Meeting three criteria does not automatically establish eligibility. USCIS evaluates the evidence as a whole. A persuasive petition explains the importance and context of each achievement rather than simply collecting documents.

O-1B: Arts, Motion Pictures, and Television

For artists, extraordinary ability means “distinction”: skill and recognition substantially above that ordinarily encountered, such that the artist is prominent, renowned, leading, or well-known.

An O-1B arts petition may rely on a significant national or international award or nomination, or evidence satisfying at least three regulatory categories. Evidence may include leading participation in distinguished productions, media recognition, critical roles for respected organizations, commercial or critical success, expert recognition, and high remuneration.

Motion-picture and television applicants must demonstrate skill and recognition significantly above that ordinarily encountered, such that they are outstanding, notable, or leading. Special rules apply, including a consultation from both an appropriate labor union and a management organization.

Filing an O-1 Petition

An O-1 applicant cannot self-petition. A U.S. employer, U.S. agent, or foreign employer acting through a U.S. agent files Form I-129. Agent petitions may cover multiple engagements, but the agent’s authority and employment arrangements must be documented.

The petition generally includes:

An advisory opinion from an appropriate peer group, labor organization, or qualified expert;
A contract or summary of an oral agreement;
A description of the events and their dates;
An itinerary covering the requested period, when applicable; and
Evidence establishing extraordinary ability or achievement.

If a consultation contains a watermark or authenticity marker, the submitted copy should show it legibly. USCIS may excuse the consultation if no appropriate peer group exists. A limited waiver may also apply to certain returning artists with a consultation from the preceding two years.

The petition cannot be filed more than one year before the services are needed. USCIS recommends filing at least 45 days before employment begins. Following approval, an applicant abroad generally applies for the visa at a U.S. embassy or consulate. Petition approval does not itself issue a visa.

Stay, Extensions, and Employment Changes

An O petition may be approved for the time needed to complete the activities, initially for up to three years. Extensions to continue or complete the same activity may be granted in increments of up to one year.

An O nonimmigrant may be admitted up to 10 days before the petition begins and remain up to 10 days afterward but may work only during the petition’s validity period.

A new employer generally must file a new Form I-129. A material change may require an amended petition, although adding qualifying performances or engagements does not necessarily constitute a material change.

O-2 Personnel and O-3 Family Members

O-2 classification is limited to personnel assisting an O-1 artist or athlete whose services are integral and whose critical skills cannot readily be provided by a U.S. worker. Motion-picture and television cases have additional requirements. A separate petition is required.

Spouses and unmarried children under 21 may seek O-3 status. They may study but may not work.

Preparing a Strong O-1 Case

The strongest petitions present a coherent professional story supported by objective evidence. Press coverage should genuinely concern the applicant, and expert letters should explain specific achievements rather than offer unsupported praise.

The proposed work, contracts, itinerary, consultation, petitioner structure, and evidence of acclaim should support the same theory of eligibility.

Provided by Terik Hashmi, immigration attorney

The Proposed H1B Fee and the Case for Corporate Immigration

How E-1 and E-2 registrations and blanket L petitions can support eligible employers

By Terik Hashmi - September 22, 2026

A proposed $103,265 government fee could fundamentally change the economics of hiring international professionals. On August 24, 2026, the Department of Homeland Security announced a proposal covering all H-1B cap-subject petitions, including the advanced-degree exemption. Payable when the petition is filed, the charge would be additional to other applicable fees. For companies recruiting several specialists annually, the financial consequences could be substantial. [1]

As of September 22, 2026, this remains a proposal, with public comments due September 24. It is separate from the earlier $100,000 presidential payment requirement. Cap-exempt petitions would fall outside the proposed charge; many extensions and employer changes for previously counted workers ordinarily remain cap-exempt. Employers must assess the particular filing before budgeting for the fee. [1]

The financial consequences

Five covered petitions would mean $516,325 in additional fees; ten would mean $1,032,650. These amounts exclude salaries, existing filing fees, legal expenses, and relocation. For a growing manufacturer or technology business, the proposed charge could compete directly with spending on equipment, product development, or domestic recruitment.

An employer willing to train promising graduates may find the upfront cost harder to justify than an established company hiring senior specialists, in my view, that could concentrate sponsorship among larger employers and encourage some businesses to expand teams abroad. These are potential responses; the final rule, its implementation date, and any litigation could change the analysis.

The proposal therefore warrants more than a larger immigration budget. Companies should evaluate which positions genuinely require H-1B sponsorship and whether their ownership, trading relationships, investments, or overseas operations support other lawful classifications. Qualifying E-1, E-2, and L-1 cases would not attract this proposed H-1B charge, although their own fees and requirements remain. [1]

Student employment requires contingency planning.

International graduates remain valuable recruits, but employers should plan beyond temporary student employment. F-1 visa applicants face expanded online-presence screening. Optional Practical Training generally permits up to 12 months of qualifying employment, with a possible additional 24 months for eligible STEM graduates and participating employers. Neither period guarantees subsequent H-1B selection or approval. [2][3]

Recent student restrictions also require careful description. On September 14, 2026, a federal court postponed nationwide the rule that would replace duration-of-status admission with fixed periods. Companies should not treat that rule as currently effective or describe OPT as abolished. The litigation nevertheless illustrates why long-term staffing plans need alternatives to a single student-to-H-1B pathway. [4]

Treaty registrations can support recurring staffing needs.

E-1 and E-2 classifications deserve particular attention from businesses with qualifying treaty-country ownership. Generally, at least 50 percent of the enterprise must have qualifying treaty-national ownership, and sponsored employees must share the enterprise’s qualifying nationality. A company’s place of incorporation alone does not establish treaty nationality; ownership may need to be traced through several entities. [5][6]

E-1 supports substantial, continuing international trade, including goods, services, and technology. More than half of the enterprise’s international trade must be between the United States and the relevant treaty country. This can suit established importers, exporters, and service businesses with genuine bilateral commercial activity. [5]

E-2 requires substantial capital committed and at risk in a real, operating U.S. enterprise that is not marginal. There is no universal minimum investment: sufficiency depends on the business. Qualifying employees may serve in executive or supervisory roles or provide essential skills. They do not each have to make a personal investment. [5][6]

Where a consulate uses company registration, establishing and maintaining the corporate E file can simplify subsequent applications by eligible employees. Procedures vary by post, and each employee still needs individual approval. Registration creates a reusable corporate foundation, not unrestricted permission to hire foreign nationals. [7]

These categories have no H-1B-style annual lottery and do not impose the L-1 requirement of a qualifying year of overseas employment. That difference can matter when recruiting a suitably qualified employee directly. However, an ordinary professional vacancy does not automatically become an essential-skills position, and nationality restrictions exclude many otherwise attractive candidates. [6]

For example, a qualifying treaty-owned manufacturer might use E-2 registration for a newly recruited specialist of the same nationality whose skills are essential to its U.S. operations. An established multinational could instead consider blanket L treatment for a qualifying employee already working abroad. Each choice requires evidence addressing the particular classification and proposed assignment.

Blanket L approval can streamline multinational transfers.

For qualifying multinational groups, a blanket L petition establishes eligible corporate relationships in advance. Covered employees applying abroad can generally seek L visas using Form I-129S under the approved blanket, without a separate USCIS petition for each initial consular application. That can reduce repetitive corporate documentation and improve deployment planning. [8][9]

Eligibility requires commercial trade or services, a U.S. office doing business for at least one year, and three or more domestic and foreign branches, subsidiaries, or affiliates. The qualifying group must also meet one alternative: ten qualifying L petition approvals during the preceding 12 months, qualifying U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or at least 1,000 U.S. employees. [8]

Blanket approval does not relax individual eligibility. The employee generally needs one continuous year of qualifying employment abroad within the relevant three-year period. The U.S. assignment must qualify as managerial, executive, or specialized knowledge; blanket L-1B applicants must also qualify as specialized-knowledge professionals. Consular approval requires a clearly approvable application. Scrutiny of duties, staffing, and knowledge therefore remains central. [8][9]

Unlike treaty visas, L-1 does not require shared treaty nationality. This can help support diverse workforces, although new hires without qualifying overseas service need a different route or a longer deployment timetable. [9]

Build the program before the next vacancy.

Companies should begin with an audit of ultimate ownership, employee nationalities, trade flows, investment records, overseas employment, and anticipated U.S. assignments. That review can identify which E registrations or blanket petitions are worth developing and which employees require individual strategies well before recruitment begins.

Human resources, finance, and counsel should then maintain consistent corporate records, credible job descriptions, and an assignment calendar. Compare total costs and realistic processing times, including interviews and possible delays. Recheck eligibility after acquisitions, ownership changes, or reorganizations. E registration and blanket L approval cannot guarantee visas or permanent residence, but a properly maintained program can reduce dependence on one costly category and support better hiring decisions.

Sources

1. DHS proposed rule on the H-1B fee, 91 FR 54817, August 25, 2026

2. Department of State expanded screening announcement, September 18, 2026

3. USCIS guidance on Optional Practical Training for F-1 students

4. District of Massachusetts order postponing the duration-of-status rule, September 14, 2026, pages 47–48

5. Department of State guidance on treaty trader and treaty investor visas

6. 22 CFR 41.51 governing treaty traders, investors, and their employees

7. U.S. Mission Canada guidance for employees of registered E companies

8. 8 CFR 214.2(l), including blanket petition and beneficiary requirements

9. 22 CFR 41.54 governing individual and blanket L visa classification