Immigration

EMPLOYMENT-BASED NON-IMMIGRANT (TEMPORARY) VISAS

H-1B SPECIALTY OCCUPATION
H-1B1 CERTAIN PROFESSIONALS FROM CHILE & SINGAPORE
E-1 TREATY TRADER VISA
E-2 TREATY INVESTOR VISA
E-3 CERTAIN PROFESSIONALS FROM AUSTRALIA
L-1 INTRACOMPANY TRANSFEREE (EXECUTIVE, MANAGER, OR SPECIALIZED KNOWLEDGE)
O-1 INDIVIDUALS WITH ETRAORDINARY ABILITY & ACHIEVEMENT
TN NAFTA PROFESSIONALS

E-1 TREATY TRADER VISA

Eligibility

Available to nationals of countries that have a treaty of commerce and navigation with the U.S. who will be engaging in international trade. Some employees of these treaty nationals may also receive a visa in this category. To qualify there must be substantial trade (continuous flow involving numerous transactions overtime) principally (more than 50% of the international trade) between the U.S. and the treaty national’s country. An employee must have the same nationality as treaty trader employer; and must be employed at an executive or supervisory level; or have special qualifications.

An E-1 visa is issued for two years initially and maybe extended in increments of up to two years. E-1s who travel will be granted an automatic two years stay each time they are admitted to the U.S.

Spouses and Children

Spouses and Children (unmarried under 21 years of age) may accompany or follow the treaty trader or treaty employee. Spouses may apply for work authorization.

E-2 TREATY INVESTOR VISA

Eligibility

Available to nationals of countries that have a treaty of commerce and navigation with the U.S. who invest a substantial amount of capital in a U.S. business. Some employees of these treaty nationals may also receive a visa in this category. To qualify you must have “invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise” in the U.S. The investor must be coming to the U.S. to direct and develop the enterprise. The enterprises cannot be marginal, that is, generating income only sufficient to provide minimal living for the investors and their families.
An employee must have the same nationality as treaty trader employer; and must be employed at an executive or supervisory level; or have special qualifications.

An E-2 visa is issued for two years initially and maybe extended in increments of up to two years. E-1s who travel will be granted an automatic two years stay each time they are admitted to the U.S.

Spouses and Children

Spouses and Children (unmarried under 21 years of age) may accompany or follow the treaty investor or treaty employee. Spouses may apply for work authorization.

E-3 CERTAIN PROFESSIONALS FROM AUSTRALIA

Eligibility

Available only to nationals of Australia who have a job offer in a specialty occupation in the U.S. Upon the approval of the I-129 applicants must obtain the visa at a U.S. Embassy or consulate. The initial visa is issued for 2 years and can be extended. A Labor Condition Application (LCA) is required and if the employee changes job a new LCA and a new E-3 visa application are required. Gap between jobs cannot be more than 10 days.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive E-3 visas. Spouses are eligible for work authorization, but not children.

H-1B SPECIALTY OCCUPATION

Cap at 65,000 visas each fiscal year. Exempt from the cap:
• First 20,000 beneficiaries with U.S. master’s degree or higher
• Those petitioned for or employed by higher education institutions, nonprofit research organization, or government research organization

Eligibility

Generally, you will need a U.S. Bachelor’s degree or higher for the position. Foreign degree equivalent is acceptable. You must be sponsored by an employer. The visa is issued for a period of 3 years and can be extended up to six years.
Employers are required to file a Labor Condition Application (LCA) attesting that they will pay the prevailing wage or higher, the working conditions provided will not adversely affect similarly employed workers and there are no strikes or lockout at employers’ places of business at the time of application.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive H-4 visas. Spouses of H-1B nonimmigrants who have started the process of seeking employment-based permanent resident status may apply for employment authorization to work in the U.S.

L-1 INTRACOMPANY TRANSFEREE (EXECUTIVE, MANAGER, OR SPECIALIZED KNOWLEDGE)

Eligibility

Available to executives and managers of U.S. employers with at least one foreign office who want to transfer these executives or mangers to a U.S. office. The visa is also available to executives and managers of foreign employers who are being transferred to the U.S. for the purpose of establishing an office in the U.S.
The employer must have a qualifying relationship (parent company, branch, subsidiary or affiliate) with the foreign company; and must either be a current U.S. employer or will become one and be doing business in at least one other country for the duration of the executive or manager L-1 stay in the U.S.
The employee must have worked continuously for one year within the last three years for the foreign company. The employee must provide service in an executive or managerial capacity in the U.S. office. The initial visa will be granted for three years except for employees setting up new businesses in the U.S. who receive an initial visa for a period of one year. Extensions are allowed in two-year increments up to a maximum of seven years.

Blanket Petitions

Available to some companies doing business in the U.S. for more than one years, with three or more branches, sales of at least $25 million or 1000 employees in the U.S., and have had 10 L-1 petitions approved in the last 12 months.
Canadians (exempt from the L-1 visa requirement) may present a completed I-129S to the Custom & Border Protection officer at the border or to the CBP officer during pre-flight inspection.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive L-2 visas. Spouses are eligible to apply for employment authorization.

L-1B Intracompany Transferee Specialized Knowledge

Eligibility

Available to employees with specialized knowledge whose U.S. employers with at least one foreign office want to transfer them to their U.S. offices. The visa is also available to employees with specialized knowledge of foreign employers who would like to establish an office in the U.S.
The employer must have a qualifying relationship (parent company, branch, subsidiary or affiliate) with the foreign company; and must either be a current U.S. employer or will become one and be doing business in at least one other country for the duration of the specialized knowledge employee L-1 stay in the U.S.
The employee must have worked continuously for one year within the last three years for the foreign company. The employee must provide service in a specialized knowledge capacity in the U.S. office. The initial visa will be granted for three years except for employees setting up new businesses in the U.S. who receive an initial visa for a period of one year. Extensions are allowed in two-year increments up to a maximum of five years.

Blanket Petitions

Available to some companies doing business in the U.S. for more than one years, with three or more branches, sales of at least $25 million or 1000 employees in the U.S., and have had 10 L-1 petitions approved in the last 12 months. To qualify under the blanket, employees with specialized knowledge must also be professionals.
Canadians (exempt from the L-1 visa requirement) may present a completed I-129S to the Custom & Border Protection (CBP) officer at the border or to the CBP officer during pre-flight inspection.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive L-2 visas. Spouses are eligible to apply for employment authorization.

O-1 Individuals with Extraordinary Ability or Achievement

Eligibility

Available to individuals with extraordinary ability in science, arts, education, business, or athletic; or extraordinary achievement in a motion picture or television industry and have been recognized nationally or internationally. These individuals must be coming to work temporary in the U.S. in the area of extraordinary ability and must be one of the very small percentage that has risen to the top in their particular field. The visa is issued for an initial period of up to three years.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive O-3 visas. Spouses and children may not work, but may study in the U.S. with an O-3 visa.

TN NAFTA Professional

Eligibility

You must be a Canadian or Mexican citizen coming to the U.S. to work as a professional in one of the designated professions under NAFTA—including lawyers, scientists, accountants, teachers, engineers, and pharmacists; and the position must require a NAFTA employee.
Mexican nationals require a visa and must apply with the U.S. Embassy; however, Canadians do not need a visa and will only be required to produce supporting documents at the port of entry. The initial period of stay is three years and can be extended.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive TD visas. They are not allowed to work but may study.

P-1A Internationally Recognized Athlete

Eligibility

Available to athletes coming to perform at an internationally recognized level in a special athletic competition, individually or with a group. Individuals achievements must be renowned in more than one country and groups must have received international recognition in the sports.

You will be admitted for the time needed to complete the event up to 5 years for individual athletes and 1 year for athletic groups which can be extended to complete the event.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive P-4 visas. They are not eligible to work; but may study.

P-1B Member of Internationally Recognized Entertainment Group

Eligibility

You must be coming to the U.S. to perform as a part of an internationally recognized group with a high level of achievement in the field. At least 75% of the individuals must have been a part of the group for one year.
You will be admitted for the time needed to complete the activity up to 1 year, which can be extended to complete the event.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive P-4 visas. They are not eligible to work; but may study.

P-2 Performer or Group Performing under Reciprocal Exchange Program

Eligibility

Available to individuals and groups coming to the U.S. temporary as part of a reciprocal exchange program with a U.S. organization and a foreign organization to perform as an artist or entertainer. The U.S government must recognize the program and you must possess the skills similar to the U.S. artist and entertainer taking part in the program in the foreign country. You will be admitted for the time needed to complete the event up to 1 year which can be extended to complete the event.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive P-4 visas. They are not eligible to work, but may study.

P-3 Artist or Entertainer Part of a Culturally Unique Program

Eligibility

You must be coming to the U.S. individually or with a group to temporarily perform, teach, or coach as an artist or entertainer under a program that is culturally unique by music, theatrics, folk, ethnic, or artistry. You must participate in a cultural event that will further the understanding and development of your art. You will be admitted for the time needed to complete the activity up to 1 year which can be extended to complete the event.

Spouses and Children

Spouses and unmarried children (under 21years of age) receive P-4 visas. They are not eligible to work, but may study.