H-1B
Specialty Occupation Visa for Professional Workers
To obtain an H-1B visa the beneficiary must have a Bachelor's degree
or its equivalent ( based upon a combination of education and experience
in a related field) and a job offer which requires the degree or its
equivalent. The visa petition is filed by the U.S. employer and the
work authorization is specific to the job.
It is necessary
to obtain an approved labor condition attestation from the Department
of Labor prior to filing the petition with the Immigration Service.
Spouses and minor children are eligible for H-4 dependent visa status
which does not allow employment authorization.
The H-1B visa petition
may be approved for an initial period of three years and may be extended
for an additional three-year period. In some circumstances, an extension
of stay beyond the maximum six-year limit is possible.
L-1
Intracompany Transferee Visa
The L-1 intracompany transferee visa may be utilized by managers, executives
and persons holding specialized knowledge who own or are employed by
a business abroad. The company must have a U.S. branch office or affiliate,
and the beneficiary must have been employed abroad for a period of 12
months prior to the filing of the L-1 visa petition. The maximum period
of admission for managers and executives is seven years, with a five-year
limit for the specialized knowledge category.
Spouses and minor
children are eligible for L-2 dependent visa status. Spouses are eligible
for employment authorization. Top
E-1
Treaty Trader / E-2 Treaty Investor Visa
Nationals of selected countries are eligible to obtain Treaty Trader
or Treaty Investor visas. The E-1 Treaty Trader visa requires that at
least 51% of the company's trade be between the treaty country and the
U.S. The E-2 Treaty Investor visa requires a substantial investment
in a U.S. business which must be controlled by treaty nationals.. The
E visa can be extended indefinitely as long as there is a need for the
investor to direct and control the U.S. enterprise. Essential employee
E's are expected to be replaced by U.S. trained personnel.
Spouses and minor
children are eligible for dependent E visa status. Spouses are eligible
for employment authorization.. Top
TN
Treaty NAFTA Visas
Canadian and Mexican citizens are eligible to obtain one-year professional
work visas in selected professions. NAFTA visa status can be renewed
annually. NAFTA provides for work visas for qualified. Employers may
choose to obtain TN visas for eligible workers due to expeditious processing
procedures and less restrictive salary requirements than H-1B professional
workers.
Spouses and minor
children may not work with the treaty dependent (T.D.) visa status.
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J-1
Trainee Visa
The J-1 Exchange Visitor Program is aimed at promoting cultural exchange.
This visa may be an option for students, researchers, specialists, visiting
faculty, medical and other trainees in a wide variety of industries
and occupations. The industrial trainee sub-category is particularly
suitable to individuals who do not have university degrees.
Spouses may also
obtain discretionary employment authorization. Top
B-1
Visitor for Business / B-2 Visitor for Pleasure
The most common visa categories are the B-1 Visitor for Business and
the B-2 Visitor for Pleasure. Depending on each country's reciprocity
schedule, these visas may be granted for up to ten years. The applicant
must demonstrate an intention to return to his/her home country upon
completion of his/her proposed stay in the USA. The applicant must alos
demonstrate a means of financial support from abroad which will obviate
the need of the applicant to seek employment in the USA. Recently adopted
regulations will result in individuals being admitted for 30 days or
less, unless they state and prove a purpose of their visit that justifies
a longer period of admission. Top
Visa
Waiver Program
The visa waiver program permits business or pleasure visits to the U.S.
for three months without having to apply for a visa at an American Consulate
prior to seeking entry to the USA. This option is now available to citizens
of many countries. Top
F-1
Student (or M-1 Vocational Student) Visa
The F-1 Student or M-1 Vocational Student visa is useful to become acquainted
with American culture and take advantage of the many fine educational
institutions in the U.S. Prospective students must demonstrate an intention
to return to their home country once their studies in the U.S. are complete.
They must also demonstrate the financial capability for support. Students
may be eligible for up to one year of employment authorization ( practical
training) while studying or upon completion of studies. Top
H-3
Trainee Visa
The H-3 trainee visa is available for up to two years. An established
training program is required. Top
O
Visas for Persons of Extraordinary Ability in Arts, Business, Education,
Science or Athletics The O visa category is very broad and
includes persons of extraordinary ability in the arts, business, education,
science and athletics. Professors, researchers, painters, chefs, investment
bankers, film and theater producers and writers, and business executives
are a few examples of persons who may qualify for O visa status. Consultations
with peer groups must be obtained. Top
P
Visas for Group Entertainers and Athletes
The P Visa is for entertainers who perform as a group and athletes.
It also requires consultation with unions regarding the nature of the
work and the artists' qualifications. The eligibility standards for
P-1 classification give preference to established groups. Admission
of P applicants is limited to the period of the event. Top
P-3
Culturally Unique Performances
The P-3 visa is for performing artists who have not achieved international
acclaim, but are culturally unique. They also require union and peer
group advisories and may be approved for up to one year. The visa can
be extended annually. Top
Q
Cultural Exchange Visa
Individuals coming to participate in a cultural exchange who are over
the age of eighteen may obtain a fifteen-month cultural exchange visa.
This is non-extendable. Top
R-1
Religious Worker Visa
The R-1 religious worker category has lenient standards for persons
affiliated with Internal Revenue Service-recognized tax-exempt religious
organizations and allows them to obtain work visas. The initial period
of admission on an R visa is three years, but this visa may be extended.
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Family
Sponsored Immigrants
U.S. citizens are eligible to sponsor spouses, children, parents and
brothers and sisters for permanent residence. Spouses, minor children
and parents are exempt from the annual quota. Beneficiaries may be eligible
for adjustment of status or consular processing. Permanent residents
of the United States may sponsor spouses and unmarried children.
Fiance(e)s of U.S.
citizens may be eligible for K-1 visas. The parties must marry within
90 after the alien's arrival in the United States. Top