Non-immigrant visas - temporary work visas

Non-immigrant visas consist of visas generally granted for a limited time for the purposes of work or study in the U.S, or simply for visiting the U.S.
The most frequently applied for non-immigrant work visas are:

• H-1B Visas
• H-3 Visas
• L-1A and L-1B Visas
• O-1 Visas
• E-1 and E-2 Visas
• E-3 Visas
• TN Visas
• P visas
• R-1 visas
• J-1 Visas

H-1B Visa - Specialty Occupation Visa for Professionals

The H-1B visa allows foreign workers in "specialty occupations" i.e. those that have a Bachelor’s degree or its equivalent, to come live and work in the United States for up to six years. The visa requires a job offer in the U.S. for a position requiring the degree and may be approved initially for up to three years. The visa may be extended for a further period of up to three years. In certain circumstances where applicants have a permanent residency application pending, the H-1B visa may be extended beyond the six year time period.

There are 65,000 H-1B visas available per year for applicants with a Bachelor’s degree, and an additional 20,000 for applicants with a U.S. Master’s degree. Some petitions, such as those by certain universities, research or government entities, or a non-profit entities affiliated with an institution of higher education, may not be subject to the numerical cap. We will assess your case and advise whether or not your application would be exempt from the cap. We will also advise on the best timing for your petition to be filed.

A petition for the H1-B visa is filed by the employer in the U.S. Before filing the petition, the employer first files a Labor Condition Application with the Department of Labor, which certifies that the wage and working conditions are acceptable and no less than they would be for U.S. workers. If the person is in the U.S., a request may be made for a change or extension of status. If outside, Immigration Services will send any approval to the relevant State Department and the person then applies for a visa to enter the U.S.

We have successfully filed numerous H-1B petitions on behalf of many clients. With our vast experience and in-depth knowledge of the various regulatory requirements and compliance issues necessary, you can rest assured that your petition will be filed with the highest standard of quality and that you will be in compliance with all regulations imposed by the different agencies involved in the process.

Dependents: Spouses and minor children of the H-1B employee are eligible for H-4 dependent status, however this status does not grant employment authorization. Should the dependent wish to work in the U.S., the individual will have to obtain his/her own H-1B or other status authorizing employment.

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H-3 - Trainee Visa

The H-3 visa is available for applicants wishing to obtain training in the U.S., where such training is not available in the applicant’s country.

The visa may be approved for a 2 year period and is a good option for people without a degree or any formal studies, who have an opportunity to take part in a training program in the United States.
 

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L Visa - Intra-Company Transfers

The L-1 visa allows a U.S. company that has a foreign branch, parent, subsidiary or affiliate office, to transfer executives (L-1A), managers (L-1A), and employees with specialized skills (L-1B) from the related foreign entity to work in the U.S. office.

The L-1A visas are granted initially for one to three years periods and may be extended in two-year increments up to a maximum of seven years.

The transferee must have been employed by the foreign company as an executive, manager, or specialized skills worker, for at least one year within the three years prior to the transferee’s first entry into the U.S. under any status. To obtain an L-1A visa, the transferee must be a manager or executive that supervises other employees of the company, or manages important business functions. To obtain an L-1B visa, a transferee must show specialized knowledge of the company's products, services, research, equipment, techniques, management or other interests relative to international sales and markets.

The foreign company must continue in existence throughout the transferee's stay in the U.S.

The spouse and children under 21 are allowed to accompany the L-1 visa holder during the period of the transferee status. Spouses can apply for the employment authorization, which is a tremendous benefit.

Dependents: Spouses and minor children of the L-1 transferee may accompany the transferee on L-2 visas. Spouses of L-1 visa holders may apply for work authorization in the U.S.

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O-1 visas are available for individuals who have received national or international acclaim or who have demonstrated outstanding ability in the arts, athletics, sciences, education or business. Individuals seeking this visa must be coming to the U.S. to work in a position that requires their extraordinary ability and must be able to demonstrate such extraordinary ability through documentation of sustained national or international acclaim in their field.

An employer or agent may petition for an O-1 on behalf of the extraordinary individual. When filing the following application, the individual must generally demonstrate that the individual meets at least three of the following criteria:

• Receipt of nationally or internationally recognized prizes or awards.
• Membership in an organization that requires outstanding achievements from its members.
• Commands a high salary.
• Publication of their work in major trade publications, professional journals or major media outlets.
• Engaged in professional review or judging of work of peers in the same or related field of endeavor.
• Made significant and original contributions in their field.
• Worked on projects or for an organization with a distinguished reputation.

Many of the individuals who qualify for the O-1 visa will also have a strong case for the EB-1 (Green Card) immigrant classification.

The O-1 visa may be approved for an initial period of three years and may be extended for one-year periods thereafter.

We have successfully assisted numerous extraordinary individuals ranging from businessmen, singers, actors, athletes, marketing specialists, music producers etc. in obtaining O-1 visas as well as EB-1 immigration status. We have years of successful experience in preparing O-1 visa petitions and EB-1 green card petitions for extraordinary individuals.

O-2 visas are available for necessary "support" personnel of O-1 visa holders with extraordinary ability in the athletic, entertainment, motion picture and television production fields.

Dependents: Spouses and minor children of the extraordinary individual may accompany the individual on O-3 visas, but this status does not grant employment authorization

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E-1 (Treaty Trader) and E-2 (Treaty Investor) Visas

The U.S. has treaties with certain countries allowing for E visas based on trade or investment. An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must demonstrate that the trading or investment enterprise complies with a number of requirements for the E visa classification.

E visas are only available to the principal investor who must be coming to the U.S. to develop and direct the enterprise, or to applicants who are employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the company.

In accordance with the relevant treaty, E visas may be granted for an initial period of up to five years and can be renewed for an indefinite amount of time as long as there is a need for the investor to direct and control the U.S. enterprise.

Requirements for E-1 (Treaty Trader)
To qualify for an E-1 treaty trader visa, an applicant must meet specific criteria, including but not limited to:

• The trading company for which the applicant is coming to the U. S. must have the nationality of the treaty country and the applicant must be a national of the treaty country.

• The international trade must be "substantial". Trade includes the international exchange of goods, technology and services such as banking, insurance, advertising, accounting, engineering, management consulting and many more.

• At least 51 percent of the international trade must be between the U.S. and the treaty country i.e. the country of the applicant's nationality.

Requirements for E-2 (Treaty Investor)
To qualify for an E-2 treaty investor visa, an applicant must meet specific criteria, including but not limited to:

• The investor, be he an individual or a corporate person, must be a national of the treaty country, and he must control the funds.

• Although there is no minimum amount required, the investment must be substantial. It must be substantial in relation to the nature of the business, sufficient to ensure the successful operation of the business. In addition the investment must generate significantly more income than would simply provide a living to the investor and family, or it must have a significant economic impact in the U.S.

• The investment must involve an operating, commercial business. Passive, speculative or idle investment does not qualify. Neither do loans secured by the assets or stock of the business.

Dependents: Spouses and minor children obtain derivative E visa status, and spouses can apply for work authorization once they are in the United States. This is another advantage for this visa.

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The E-3 visa is for nationals of Australia who wish to enter the US to perform services in a "specialty occupation”. At a minimum for entry into the U.S., the specialty occupation requires a bachelor’s degree or higher degree in the specific specialty (or its equivalent) and theoretical and practical application of a body of knowledge in professional fields.

The requirements are similar to those for H1-B visas.

E-3 visas are granted for an initial period of two years, and may be extended for further periods of up to two years. With some exceptions, there is no maximum number of extensions.

To qualify for an E-3 the applicant must:

• Be an Australian national.
• Have a legitimate offer of employment in the U.S for a position that qualifies as a specialty occupation.
• Possess the necessary academic or other qualifying credential.

Dependents: Spouses and minor children are entitled to the same E-3 classification. Spouses are eligible to apply for work authorization, which is an advantage.
 

The North American Free Trade Agreement (NAFTA) creates a specific nonimmigrant NAFTA Professional (TN) visa which allows citizens of Canada and Mexico, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer. The eligible positions, educational and experience requirements for TN entry are listed in the treaty. For the complete NAFTA job list – click here.

To work in the U.S., professionals of Canada or Mexico must comply with the following conditions:

• The applicant must be a citizen of Canada or Mexico;
• The occupation that they are working in must be designated on the NAFTA list;
• The Position in the U.S. requires a NAFTA professional;
• The applicant is to work in a prearranged full-time or part-time job for a U.S. employer;
• The applicant has the qualifications of the profession.

The period of validity of the TN visa is initially three years and may be renewed. There is no limit to the number of renewals. For Canadian nationals, the first application is made at the U.S. border.

The application requirements for citizens of Canada and Mexico are different.

Requirements for Canadian citizens:
Generally Canadian citizens do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. A Canadian citizen without a TN visa can apply at a U.S. port of entry. The approval process usually takes no more than a couple of hours. Canadian citizens are admitted upon proof of Canadian citizenship and the qualifications meeting the criteria of the TN visa, such as for example, documentation showing educational credentials and the employment offer or contract from the U.S. employer.

However, a Canadian citizen who resides in another country with a non-Canadian spouse and/or child would require a visa to enable the spouse and child to be able to apply for an accompanying visa to accompany or join the NAFTA Professional, as a TD visa holder. The documentation requirements for Canadians applying for a visa are the same as those for Mexicans.

Requirements for Mexican citizens:
Mexican citizens require a TN visa to request admission to the U.S. which must be applied for at a U.S. Consulate and not at the border. However a USCIS approved petition is not required.

Dependents: Spouses and minor children accompanying or following to join TN visa holders may receive a TD visa. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S., but are permitted to study.
 

P visas are temporary employment visas available to artists, entertainers and athletes. There are various classifications under the P visas, as follows:

P-1 visas are available to individual or team athletes (P-1A visa), or members of an entertainment group (P-1B visa) that are internationally recognized. A maximum of 25,000 P visas are issued annually.

To qualify for a P-1A visa the athlete must have international recognition and must be coming to the U.S. to perform at a specific athletic competition as an athlete either individually or as a part of a team at an internationally recognized level of performance.

To qualify for a P-1B visa, the members of the entertainment group must be recognized internationally as outstanding for a sustained period of time. The group must have been together for at least one year and at least 75% of the members must have been in the group for one year.

P-2 visas are for individual or group artists or entertainers who will perform in the U.S. under a reciprocal exchange program.

P-3 visas are for individual or group artists or entertainers who will perform in the U.S. under a program that is culturally unique. To be culturally unique, the performance must be of a style or artistic expression, methodology, or medium unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons.

For an individual P-1 athlete, the visa may be approved for up to five years. For all other P categories, the visa will be for the length of time required for the event(s), but for no more than one year.

Essential support personnel of the P visa holders may accompany the P visa holder provided they supply services that cannot be readily performed by a U.S. worker, possess appropriate qualifications, possess relevant knowledge of the P visa holder’s work and experience in performing the work.

Dependents: Spouses and minor children of the P visa holders may obtain P-4 visas to accompany the P visa holder.

R-1 - Temporary Religious Workers

In order to qualify for the visa, the applicant must be a Religious Worker which would include persons who are authorized to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion by a recognized employing entity. Religious workers would also include workers engaging in a religious vocation or occupation.

Religious Worker applicants must meet specific requirements to qualify for a Religious Worker visa under immigration law. In general, the applicant must demonstrate that:

• He/she is a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
• He/she has been a member of the denomination for two years immediately prior to applying for religious worker status.
• He/she is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization);
• He/she has been physically present outside the U.S. for the immediate preceding year, if he/she has previously spent five years in this category; and
• The religious denomination or its affiliate, is either exempt from taxation or qualifies for tax-exempt status.

Individuals applying for R visas do not need to have a residence abroad that they have no intention of abandoning, but they must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary.; and

The petition for the R visa is filed by the applicant's prospective employer in the U.S., which petition should be filed at least 6 months before the proposed employment will begin. The petition must be approved by USCIS before the applicant religious worker can apply for a visa at a U.S. Embassy or Consulate abroad.

The R-1 visa may be approved for an initial period of to 30 months. An extension may be granted for up to an additional 30 months. The total stay in the United States in R-1 status cannot exceed 60 months (5 years).

Dependents: Spouses and minor children of religious workers may be issued an R-2 visa. They may study, but are not authorized to work in the U.S. Evidence of their financial support while in the U.S. will be required.

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J-1 - Visas for Cultural Exchange Visitors

A J-1 visa is a non-immigrant visa for exchange visitors participating in programs that promote cultural exchange and may allow employment in some instances. This visa is an option for students, researchers, specialists, visiting faculty, medical, industrial trainees and au pairs. The J visa may permit employment in certain circumstances. The industrial trainee category is an option for applicants without university degrees who obtain an offer for training.

Upon the expiry of the visa, and the J visa holder’s departure from the USA, J visa holders are usually required to complete a mandatory two-year home residency requirement prior to reentry to the United States under dual intent visas, such as H1-B, and includes those involved in government-funded exchange programs, those who pursued graduate-level education or training, and those with specialized knowledge or skills. However the two-year home-country stay can be waived under certain conditions.

The different J-1 visa categories have different time periods ranging from a few months to up to 18-months and may provide exemptions from certain taxes.

Dependents: Spouses and minor children may obtain J-2 visas and may obtain work authorization if they can show that income is not needed to support the J-1 visa holder.

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