WORKING VISAS
The B-1 nonimmigrant visa is designed for the use of Individuals conducting short-term business activities in the U.S. The purpose of the visit must be directly related to the applicant´s occupation overseas, and salary paid by the overseas employer. The visa-holder is not allowed to use this visa to work in the U.S., and s/he may not perform productive activity for any U.S.-based entity.
E-1 Treaty Trader
E-1 Treaty Trader Visa is designed for citizens of a Treaty Trader Country engaged in substantial trade principally (over 51%) between the U.S. and their home country -
- A treaty must exist between the U.S. and home country X.
- Majority ownership (at least 50%) of the trading company stock must be held by nationals of home country X.
- Treaty alien employee must have the same nationality as the treaty enterprise.
- Your position in the company must be as an Executive, Supervisor, or Essential Employee.
The initial period of stay granted on E-1 Visas is two years. This period can be extended almost indefinitely, in 2-year increments, as long as the company is still in business and all of the above requirements are met.
Spouse and unmarried children under 21 are entitled to an E-1 derivative status.
Spouse of an E-1 treaty trader will be permitted to apply for employment authorization in the U.S. for the duration of the principle´s E-1 stay in the U.S.
E-2 Treaty Investor
E-2 Treaty Investor Visa is designed for citizens of Treaty Investor Country who have made a substantial investment in an active commercial or entrepreneurial enterprise -
- A treaty must exist between the U.S. and home country X.
- Majority ownership (at least 50%) of the trading company stock must be held by nationals of home country X.
- Treaty alien employee must have the same nationality as the treaty enterprise.
- Treaty-investor must fill a key role either as the investor who will develop and direct the investment, or as a qualified manager or specialty trained and highly qualified employee necessary for the development of the investment.
Spouse and unmarried children under 21 are entitled to an E-1 derivative status.
Spouse of an E-1 treaty trader will be permitted to apply for employment authorization in the U.S. for the duration of the principle´s E-1 stay in the U.S.
E-3 Visa (Australians in a Specialty Occupation)
E-3 visa is available for Australian citizens entering the United States to work temporarily in certain professional/specialty occupations, as defined under the H-1B program. This visa is not subject to any H-1B restrictions or caps, however, only 10,500 E-3 visas are available on an annual basis.
Spouse of E-3 visa holder will be permitted to apply for employment authorization for the duration of the principle´s E-3 period of stay in the U.S.
H-1B Professional Employees Working in Specialty Occupations
The H-1B nonimmigrant visa is available for professional workers coming to the United States to work in a Specialty Occupation - occupations requiring theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor, including, but not limited to: architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
The position must require a degree in a specific field, however, three (3) years of specialized training and/or progressive professional work experience must be demonstrated for each year of college-level training the alien lacks.
A maximum of 65,000 H-1B visas are issued every fiscal year. An additional 20,000 H-1B visas are available to foreign nationals with a minimum of a Masters degree from a U.S. academic institution. Employees in institutions of higher education, related or affiliated nonprofit entities, or nonprofit or government research organizations, are not subject to the numerical limit and may file an application for an H-1B employee at any time.
Visas are issued for three years and may be extended for an additional three years. Extension of an H-1B visa beyond the 6-year maximum period is available for aliens having labor certification application pending over 365 days, or an approved I-140 Immigrant Visa Petition.
Spouse and unmarried children under 21 will be entitled to H-4 derivative status for the duration of the principle´s H-1B authorized period of stay.
Fashion Models are also considered H-1B professional workers, although a college-level degree is not required, but they are subject to their own set of requirements.
H-3 Training Visa
The H-3 nonimmigrant visa category is designed for foreign nationals coming to the U.S. to receive training in various fields of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or even training in a purely industrial establishment.
Physicians seeking graduate medical training or education are excluded from this category. Nurses coming for brief training not available in their home country and benefiting an overseas employer are eligible.
A maximum of 3,000 H-3 visas are issued every year. The maximum period of stay is up to two years. Your spouse and unmarried children under 21 years of age will be entitled to an H-4 derivative status.
Requirements:
- The proposed training is not available in the alien´s own country.
- The beneficiary will not be placed in a position that is in the normal operation of the business and in which citizens and resident workers are regularly employed.
- The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training.
- The training will benefit the beneficiary in pursuing a career outside the United States.
- Deals in generalities with no fixed schedule, objectives, or means of evaluation - it MUST describe:
- The type of training and supervision to be given and the structure of the training program.
- The amount of time devoted to productive employment, if any.
- The number of hours spent in classroom instruction and on-the-job training.
- The career abroad for which the training will prepare the beneficiary.
- The reasons why the beneficiary cannot be trained in his or her own country and why s/he needs to be trained in the United States.
- The source of remuneration to be paid to the trainee.
- The benefit to the petitioner for providing the training.
- Is incompatible with the nature of the petitioner´s business.
- Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training.
- Is in a field which is unlikely to be useful outside the United States.
- Will result in productive employment which is more than incidental and necessary to the training.
- Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.
- Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training.
- Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.
An H-3 trainee who has spent 24 months in the United States may not be granted extension of stay, change of status, or be re-admitted to the United States in H or L status unless s/he has resided outside the United States for the immediate prior six months (except if the alien did not reside continuously in the United States, and the training in the United States was seasonal or intermittent or was for an aggregate of six months or less per year).
I Nonimmigrant Visa
Available for representatives of foreign media outlets, such as newspapers, radio and television.
J-1 Interns
Available for individuals:
- Currently enrolled in and pursuing academic studies abroad; or
- Graduated from an overseas institution no more than 12 months prior to the start date of his/her exchange visitor program.
Available for individuals who:
- Have a degree or professional certificate from a post-secondary academic institution abroad AND at least 1 year of related work experience acquired outside the U.S.; or
- Have 5 years of related work experience acquired outside the U.S.
The entity where a J-1 applicant will be placed will typically file an application with a J-1 training program umbrella association on behalf of the J-1 trainee.
L-1A Intra-Company Transfer of Executive/Manager
The L-1 Visa is designed for intra-company transferees who have been working abroad, for a period of at least 1 year within the preceding 3 years, in Executive or Managerial capacity, and are being transferred to the U.S. to work for a parent company, subsidiary, or affiliated company of the overseas entity.
If the U.S. company has been active for more than 1 year, the initial period of stay on an L-1A visa is limited to 3 years, which may be extended for additional 3 years. If, however, the U.S. company is new or has been active less than 1 year, then the initial period of stay granted is limited to 1 year, which may be extended for additional 2 years + 3 years subsequently (provided, both companies are still viable).
Spouse and unmarried children under 21 years of age are eligible for an L-2 derivative status for the duration of the principle´s L-1A authorized period of stay.
Spouse of L-1A visa holder will be permitted to apply for employment authorization for the duration of the principle´s L-1A period of stay in the U.S.
Employees in Managerial or Executive positions may be eligible to apply for a Green Card without the need to apply first for a Labor Certification through the U.S. Department of Labor.
L-1B Intra-Company Transfer of Specialized Knowledge Employee
The L-1B visa is designed for intra-company transferees working in a position requiring specialized knowledge of the company´s products and applications and/or advanced or proprietary knowledge of the company´s processes or procedures - similar requirements as for the L-1A visa.
L-1 Blanket
Same as L-1A/L-1B, where U.S. company has either a workforce of at least 1,000, a U.S. annual income of at least 25 million, or has had 10 L-1 petitions approved within the preceding 12 months.
O-1 Aliens of Extraordinary Ability
The O-1 visa is designed for individuals of extraordinary ability in the fields of sciences, arts, education, business or athletics, OR individuals who have demonstrated record of extraordinary achievement in the motion picture or television industry, including, but not limited to, photographers, models, stylists, chefs, musicians, scientists, engineers, businessman, fine artists, dancers, actors, and writers. O-1 visa holders may work in the U.S. on a freelance basis under the representation of an agent or a management company, or they may work directly for a particular company. Individuals must provide published materials, publicity, awards, letters of recommendation confirming their national or international acclaim, demonstrating a high level of success and recognition in their field of endeavor, which puts them as one of a small percentage at the top of their field.
O-1 visas are available for an initial period of up to 3 years, and may be extended indefinitely in 1 year increments.
O-2
O-2 visas are available for individuals accompanying O-1 visa holders coming to the U.S. solely to assist in the artistic or athletic performance of an O-1 visa holder.
O-3
Spouse and unmarried children under the age of 21 of either O-1 or O-2 visa holders are eligible for an O-3 nonimmigrant visa.
R-1 Religious Workers
The R-1 Visa is designed for religious workers who for the past 2 years have been a member of a religious denomination having a non-profit religious organization in the U.S., coming to work for the U.S. religious organization in a professional capacity, including Teachers (bachelor´s degree is the minimum requirement) OR religious workers coming to work for the U.S. organization, or another organization affiliated with the religious denomination, in a religious vocation (including Rabbis, Religious Instructors, Religious Counselors, Cantors, workers in Religious Hospitals/Health Care Facilities), or workers in a religious occupation.
Initial period of stay granted is up to 3 years which may be extended for additional 2 years. Your 2 years of work experience in the U.S. may be used in order to apply for a green card under the Special Immigrants category. Spouse and unmarried children under 21 years of age will be entitled to R-2 derivative status.
TN-1 (Canadian Citizens) and TN-2 (Mexican Citizens)
The TN visa is available for Canadian or Mexican citizens under the North American Free Trade Act (NAFTA), seeking temporary work in the U.S. to be engaged in specific occupations at a professional level. Each occupation involves certain educational requirements.
**This is general information only and it is NOT intended to provide legal advice.