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WORK VISAS

WORK VISAS

 

 

L-1

Intracompany Transfers Visas (L-1 Visas):

To qualify for an L-1 Visa, you must be employed continuously abroad for 1 of the past 3 years by a U.S. company as an executive, manager or employee with specialized knowledge.

Period of stay: Most of the time, USCIS will approve the petition for up to 3 years. Managers and executives have a 7-year maximum and employees with specialized knowledge have a 5-year maximum.

L-1′s may eventually file for residence without the need of a labor certification.

Your spouse and/or children under 21 can come to the US with an L-2 visa. If an L-2, your spouse may be eligible for employment authorization. Children are not authorized to work, but they can study.

 

H-1B

Specialty Occupation Visas (H-1B Visas)

To qualify for an H-1B Visa, you must have an offer from a U.S. employer to perform in a specialty occupation, that is, an occupation that normally requires a bachelor’s or a higher degree. You will also need:

1. Completion of a bachelor’s or higher degree in the related field;
2. State licensure, if required, to practice in the state in which you will be working; and
3. Experience or training required to the completion of such degree.
4. Your employer should file the petition along with Labor Condition Application, which contains basic information about the proposed employment and the following attestations or promises:

That the employer will pay the prevailing wage
That the conditions for the H-1B worker will not adversely affect the working conditions of workers similarly employed in this area
That there is no strike or labor dispute
That it has provided notice of the filing
Numerical Limitation: You have to take into account that this type of visas has a numerical limitation. Only 65,000 visas are granted each year. Additional 20,000 visas are granted to workers who have acquired a master’s degree from a U.S. academic institution.

Certain employers, such as institutions of higher education, nonprofit research organizations and governmental research organizations, are exempt from these limitations.

If your employer does not qualify for an exemption, your application will enter into a visa lottery for a random selection.

Period of Admission: Initial admissions may be granted for a maximum of 3 years, and extensions may be granted. However, an H-1B beneficiary cannot remain in the U.S. in H-1B status for more than six years total, unless there is a permanent residence process pending.

Dependents: Spouses and unmarried children of an H-1B worker can enter to the U.S. as H-4 dependents. Although H-4′s are not authorized to work, they are entitled to attend a school in the U.S.

H-2A

Seasonal Agricultural Workers (H-2A Visas)

 

H-2B

Temporary Nonagricultural Workers (H-2B Visas)

The H-2B visa provides a means for U.S. employers to employ foreign workers on a temporary basis to perform nonagricultural labor or services when U.S. labor is in short supply.

Requirements:

1. Get a labor certification, showing that there are not sufficient workers who are able, willing, qualified, and available to perform the work; and that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed workers in the United States.

2. Must demonstrate that the request for labor is temporary, generally, less than a year.
Numerical Limitations: Only 60,000 H-2B visas are granted each fiscal year.

Dependents: H-2B workers’ spouses and unmarried children under the age of 21 are allowed to join them in the US under the H-4 status. Dependents are not permitted to work.

TN

NAFTA Professionals (TN Visas)

This visa is for Canadian and Mexican citizens only. In order to qualify for a TN visa, applicant must meet the following:

1. Applicant must be a professional of one or more professions included on the NAFTA list;
2. Applicant has been offered a job by a U.S. employer;
3. The position requires to be performed by a NAFTA professional;
4. Applicant is qualified for the position.


Time of admission: TN visa can be granted for up to 3 years and may be extended for extensions up to 3 years. There is no limit on the extensions that can be granted.

Spouses and unmarried children under 21 may apply for a TD visa. Dependents are not authorized to work, but children may attend elementary and secondary school.

O-1

Persons with extraordinary ability (O-1 Visas)

This visa is for a person who has an extraordinary ability in sciences, arts, education, business, athletics, or extraordinary achievement in motion picture or TV production. O-1′s cannot petition for themselves, they need an employer who files for them.

Spouses and unmarried children under 21 may accompany the principal visa holder for the duration of his/her stay with an O-3 visa. Dependents are not allowed to work in the U.S., but they are allowed to study.

 

O-2

Persons with extraordinary ability (O-2 Visas)

This visa is for a person who is accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance.

Spouses and unmarried children under 21 may accompany the principal visa holder for the duration of his/her stay with an O-3 visa. Dependents are not allowed to work in the U.S., but they are allowed to study.

I

Foreign Media Representatives (I visas)

This visa is granted to an employee of a foreign information media in order to engage an activity essentially informational. Example of these employees are the ones engaged in filming news or documentaries, members involved in the production or distribution of informational material, journalists, representatives of tourist bureaus, etc.

Spouses and unmarried children under 21 may accompany the principal visa holder for the duration of his/her stay. Dependents are not allowed to work in the U.S., but they are allowed to study.

P-1

Athletes and Group Entertainers (P-1 Visas)

This is a visa for an athlete, a circus artist or group entertainer who seeks to enter temporarily and solely for purpose of performing in a competition, event or performance.

Spouses and unmarried children under 21 may accompany the principal visa holder for the duration of his/her stay with an O-3 visa. Dependents are not allowed to work in the U.S., but they are allowed to study.

R-1

Religious Workers (R-1 Visas)

An R-1 Visa is available for religious workers who want to come to the U.S. to work as ministers or in a professional capacity in a religious vocation. Examples of these workers are ministers, deacons, priests, nuns or monks, religious broadcasters. The alien must be a member of a religious denomination having an organization in the U.S., for at least 2 years immediately preceding the application.

Entry is limited to 5 years: Initial admission for 3 years with extensions up to 2 years.

Spouses and unmarried children under 21 may accompany the principal visa holder for the duration of his/her stay with an R-2 visa. Dependents are not allowed to work in the U.S., but they are allowed to study.

Q-1

International Cultural Exchange Visitors Visa (Q-1 Visa)

The Q-1 visa is for certain international cultural exchange programs designated to provide practical training and employment, and sharing of history, culture and traditions.