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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