Nonimmigrant Work Visas
Certain nonimmigrant visas allow individuals to come to
the U.S. for temporary employment. These visas are for all
granted for limited time and for a specific purpose. With
the exception of the H, L and E visa categories, each
nonimmigrant must maintain a foreign residence that he has
no intention of abandoning. The Immigration and Nationality
Act sets forth the nonimmigrant classes for the issuance of
nonimmigrant visas. The visas are referred to by the letter
of the alphabet where their class is described in the Act.
The following visas are the most common temporary visas
used for employment. The following is a general summary and
does not include all relevant information. Each visa has
restrictions with regard to qualification and duration.
Please contact our office for specific and detailed
information on each visa.
E-Visa Treaty Trader / Investor
The E visa category gives effect to treaties between the
United States and other countries that provide for
reciprocal benefits to nationals of each country who invest
in or who conduct trade between the two countries. An
initial period of stay of one year is granted to persons
coming to the United States in the E category. However, this
period can be extended almost indefinitely as long as the
alien affirms that he or she will leave the United States at
the end of the period of authorized stay.
H-1B Visa –Professional Worker
The H-1B is only appropriate where the position to be
filled by the applicant is a “specialty occupation: defined
as a position that requires theoretical and practical
application of a body of highly specialized knowledge, AND
the minimum entry-level requirement is a bachelor degree of
higher in a specific occupational specialty. The position to
be filled can full or part-time. Although permission to stay
in the United States and employment authorization are
temporary, the actual position filled by the employee may be
a permanent one.
L-1 Visa Intracompany Transferee
This visa is available to individuals who are employed by
a company abroad who will be coming to work in a related or
affiliated company in the United States. The employee must
have worked abroad for the overseas company for a continuous
period of one year in the preceding three years. The company
must be a qualifying organization and must continue to do
business in the United States and one other country during
the whole period of the transfer. Further, the employee must
have been employed abroad in an “Executive” or “Managerial”
position or a position involving “Specialized Knowledge” and
will be employed in the United States in such a position.
O-1 Visa
An O-1 visa is available for individuals of extraordinary
ability in the fields of science, education, business,
athletics and the arts. In order to qualify, the individual
must have sustained international or national acclaim and be
coming to the United States to work in the field of ability.
The applicant must have an offer of employment and have a
specific identifiable agenda for the employment such as a
scientific project, conference, convention, lecture series,
tour, exhibit, business project, academic year, or
engagement. Such activity may include short vacations,
promotional appearances, and stopovers that are incidental
and/or related to the specific agenda or event.
P-1 Visa Athletes and Group Entertainers
The P visa is available to certain athletes and
entertainment groups. Generally, the individual must be
recognized internationally as being outstanding for a
sustained and substantial period of time. Performers must
have a sustained and substantial relationship with the group
over a period of at least one year. There are certain
exceptions to these rules for circus performers.
TN Visa – Trade Visa
TN status is only available to Canadian and Mexican
persons engaged in activities at a professional level
defined as requiring “at least a Baccalaureate degree or
appropriate credentials demonstrating status as a
professional. The regulations specify various categories of
professions that are covered including accountant;
architect; computer systems analyst; disaster relief claims
adjuster; economist; engineer; forester; graphic designer;
hotel manager; industrial designers; interior designer; land
surveyor; landscape architect; lawyer; librarian; management
consultant; medical /allied professionals; veterinarian;
range manager; research assistant; scientific
technician/technologist; scientist; social worker;
sylviculturist; teacher (college, seminary or university);
technical publications writer; urban planner and vocational
counselor.
Please note that spouses and children under age 21 may
accompany the principal visa holder on related visas.
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