Non Immigrant Working Visas
H-1B – Specialty Occupations
The H-1B category is a type of visa that allows U.S. employers to hire foreign nationals for specialty occupations for a temporary basis.
Eligibility Requirements
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The nonimmigrant visa petition must be filed by a U.S. employer.
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The employer must file a Labor Condition Application (LCA) certified by the U.S. Department of Labor evidencing that the foreign national will be paid in accordance to the Prevailing Wage in the area of employment.
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The beneficiary must hold a Bachelor’s Degree, a combination of education and experience, or experience that is equivalent to a Bachelor’s Degree.
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The occupation to be filled by the foreign national must qualify as a Specialty Occupation.
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If the professional degree is not from a U.S. institution, the foreign credentials must be evaluated in the United States and should evidence that is equivalent to the U.S. Degree.
Validity Period
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The visa will initially be granted for a period of three years and subsequently may be extended for other three years for a maximum of six years.
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The H-1B visa recognizes the dual intent which means that the foreign national while under H-1B status may apply simultaneously for an immigrant petition.
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The time spent outside of the United States does not count towards the 6-year period and can be recaptured.
Special Remarks
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These visas are subject to a yearly quota
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H-1B applications must be filed by April 1st of each year. However, the visa will be effective as of October 1st each year.
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If the foreign national under H-1B status is fired, the employer must pay for the travel expenses related to his or her return to the home country.
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Spouses and children under 21 of the H-1B visa holder are granted H-4 status and are not allowed to work in the United States.
L-1A Intracompany Transferees
The L-1A visa category is intended to transfer multinational executives or managers from a parent company to a subsidiary, affiliate, or branch company.
Eligibility Requirements
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The individual must have been employed in an executive or managerial position for a year within the last three years by the company abroad.
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A qualifying relationship must exist between the foreign company and the U.S. Company based in control and ownership.
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The duties of the proposed employment must evidence that is executive and managerial in nature.
Validity Period
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This visa is generally granted initially for three years and may be extended in two-year increment for a maximum of seven years.
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In the case of a new office, the initial L-1A status will be granted for one year.
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The L-1A visa recognizes the dual intent which means that the foreign national while under L-1A status may apply simultaneously for an immigrant petition.
Special Remarks
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Spouses and children under 21 of the L-1A visa holder are granted L-2 status and the spouse may be allowed to work in the United States.
E-2 Treaty Investors
This category is for individuals who are nationals certain of countries having a qualifying treaty with the United States and who are interested in investing or has invested a substantial amount of capital in a U.S. enterprise.
Eligibility Requirements
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The investment should be substantial.
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The enterprise should not be marginal which means that the new business should provide with more than enough income to support the investor and his or her family.
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The investment should be at risk evidencing that the capital has been used towards the set-up of the business or the purchase of an established one.
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The investment must be in the commercial sense.
Validity Period
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The validity period of the Visa depends on the terms of the treaty between the country of nationality of the investor and the United States. The validity period of the E-2 visa ranges from 3 months to 5 years. Once the investor enters the United States, the period of authorized stay is generally two years.
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The E-2 visa has no total limit on the number of extensions.
Special Remarks
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The investor should evidence that he or she intends to depart the United States once the E-2 status expires.
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Spouses and children under 21 of the E-2 visa holder are granted E-2 derivative status and the spouse may be allowed to work in the United States upon approval of an Employment Authorization Document.
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O-1A Extraordinary Ability in the Sciences, Education, Business or Athletics
The O-1A visa category is intended for individuals who have extraordinary ability in the Sciences, Education, Business or Athletics and who can evidence achievements in their fields of expertise.
Eligibility Requirements
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The individual must demonstrate sustained national or international acclaim.
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The individual’s extraordinary ability must be evidenced by: Receipt of a lesser national or international award, membership in a professional association that requires outstanding achievement, work published by a major professional publications, major contributions to the field of expertise, written articles published in major publications important in the field, leading position in a distinguished organization, or the salary is very high in comparison to others in the field.
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A written contract between the petitioner and the beneficiary is required.
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A written opinion from a guild or peer organization evaluating the individual’s work is generally required.
Validity Period
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This visa is generally granted initially for three years and may be extended with no limit in the number of extensions in one-year increments as long as proof of continuous employment can be provided.
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The time of stay granted depends on the duration of the activity of the event to be performed.
Special Remarks
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Spouses and children under 21 of the O-1A visa holder may accompany him or her; however, are not allowed to work in the United States.
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