I.  Temporary specialty Workers: H-1B Visas

Requirements for getting H-1B visas:

* You must have a job offer from a qualified U.S. employer for work to be performed inside the U.S. and you must be offered at least the prevailing wage that is paid in the same geographic area for that type of job.

* You must be coming to the U.S. to perform services in a specialty occupation with a college degree or its equivalent in work experience.

* Your employer must have filed an attestation with the DOL.

* You must have the correct background to qualify for the job that has been offered,

* The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the position are so complex that it can be performed only by a person with a degree.

* A bachelor's degree or higher degree in the minimum requirement for entry into the position.

* The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor's degree.

* The employer normally requires a degree or its equivalent for the position.

* You can work legally in the U.S. for your H-1B sponsor.

* You may travel in and out of the U.S. or remain here continuously until your H-1B visa status expires.

* Visas are for accompanying relatives.

 

There are limitations as well.

* H-1B status can be held for no more than six years. Then, you must return to your home country, unless you are eligible to change to another nonimmigrant category or apply of r permanent residence.

* You are initially restricted to working only for the employer who acted as your H-1B sponsor. Later, you can change jobs.

Employers must have an attestation on file with the U.S. Labor Department before they can sponsor you for H-1B status.

* Accompanying relatives may stay in the U.S. with you, but they may not work, unless they qualify for a work visa in their own right

 

II.  Temporary Nonagricultural Workers: H-2B Visas

There are four requirements for obtaining an H-2B visa:

* You must have a job offer from a U.S. employer to perform work that is either temporary or seasonal.

* You must have the correct background to qualify for the job you have been offered.

* There must be no qualified Americans willing or able to take the job. A Temporary Labor Certification is required.

* You must intend to return home when your visa expires.

 

The Privileges of the H-2B Visas

* You can work legally in the U.S. for your H-2B sponsor.

* You may travel in and out of the U.S. or remain here continuously until your H-2B visa expires.

* Visas are available for accompanying relatives.

 

Limitations on the H-2B visa

* You are restricted to working only for the U.S. employer who acted as your H-2B visa sponsor. If you wish to change jobs, you must get a new H-2B

* H-2B visas can initially be approved for up to only one year. Additional one-year extensions are allowed. After a maximum of three years, you must return home and wait at least 12 months before applying for another H-2B visa, unless you qualify to change to another status.

* Accompanying relatives may stay in the U.S. with you but they may not work.

 

III. Intracompany Transfers: L-1 Visas

Requirements for the L-1 Visas.

You qualify for an L-1 visa if you have been employed outside the U.S. as a manager, executive or person with specialized knowledge for at least one out of the past three years, and you are transferred to the U.S. to be employed in a similar position. The U.S. Company to which you are transferring must be a branch, subsidiary, affiliate or joint venture partner of your non-U.S. employer. The non-U.S. Company must remain in operation while you have the L-1 visa. When we use the term non-U.S. company we mean only that it is physically located outside the U.S. such a company may well be foreign division of an American based business or it may have originated in a country outside the U.S. Either one fits our definition of non-U.S. company

To get an L-1 visa, it is not necessary that either your non-U.S. or prospective U.S. employer be operating in a particular business structure many legal forms of doing business are acceptable, including, but not restricted to, Corporations, limited corporations, partnerships, joint ventures and sole proprietorships.

 

THE PRIVILEGES

* These visas may be issued quickly

* visas are available for accompanying relatives

* You can be transferred to the U.S. and work legally for a U.S. company that is a branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S.

* You may travel in and out of the U.S. or remain there continuously until your L-1 status expires.

 

RESTRICTIONS

* Visas can initially be approved for only up to three years. Extension of two year at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive. Persons with specialized knowledge can get extensions totaling only five years.

* Accompanying relatives may stay in the U.S. with you; however, they may not work unless they get work authorization through their own work.

* You are restricted only for the U.S. employer who acted as your L-1 visa sponsor, and the U.S. Company must be a branch, subsidiary, affiliate or joint venture partner of the company that currently employs you outside the U.S.

 

TREATY TRADERS: E-1 VISAS

How to Qualify

There are no quota restrictions for E-1 visas. U.S. filed applications are usually approved within one to three months. Applications made at U.S. consulates are usually approved and visas issued within two to four weeks. There are several requirements for qualifying for an E-1 visa.

 

Privileges

* There are no legal limitations on the number of extensions that may be granted. Because of the initial duration of an E-1 visa (two years) as well as the limitless extensions, E-1 visas can allow you to live in the U.S. on a prolonged basis, provided you continue to maintain E-1 qualifications.

* Visas can be issued quickly.

* Visas are available for accompanying relatives. You can work legally in the U.S. for a U.S. company for whom more than 50% of its business is trade between the U.S. and your home country.

* You may travel in and out of the U.S. or remain here continuously until your E-1 visa expires

 

RESTRICTIONS

* Visas are available only to nationals of countries having trade treaties with the U.S.

* Visas can initially be approved for up to two years. Extensions of up to two more years at a time may be allowed.

* You are restricted to working only for the specific employer or self owned business that acted as your E-1 visa sponsor.

* Accompanying relatives may stay in the U.S. with you, but they may not work, unless they qualify to do so in their own right.

 

TREATY INVESTORS: E-2 VISAS

Qualifications

* You must intend to leave the U.S. when your business there is completed.

* You or the company must have made a substantial cash investment in the U.S. business.

* You must be coming to work in the U.S. for a company you own or one that is at least 50% owned by other nationals of your home country.

* You must be a citizen of a country that has an investor treaty with the U.S.

* You must be either the owner or a key employee of the U.S. business.

* The U.S. business must be actively engaged in trade or the rendering of services.

 

Privileges

* Visas can be issued quickly

* There is no legal limitation on the number of extensions that may be granted. Because of the two-year initial duration of an E-2 visa, as well as the limitless extensions, E-2 visas can allow you to live in the U.S. on a prolonged basis, provided you continue to maintain E-2 qualifications.

* Visa is available for accompanying relatives.

* You may travel in and out of the U.S. or remain here continuously until your E-2 Visa and status expire.

* You can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by you or other citizens of your home country.

RESTRICTIONS

* You are restricted to working only for the specific employer or self owned business that acted as your e-visa sponsor.

* Visas can initially be approved for up to two years. Extensions of up to two more years at a time may be allowed.

* Accompanying relatives may stay in the U.S. with you, but they may not work (unless they obtain their own status and visa to do so.)

* Visas are available only to nationals of countries having trade treaties with the U.S.

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