Non-immigration Visa-H1B
The H1B visa is a nonimmigrant visa that allows US employers to hire foreign professionals in specialty occupations. A specialty occupation is defined as a job that requires a minimum of a bachelor’s degree in a specific field. The H1B visa is commonly used by US companies in the technology, healthcare, and finance industries to recruit highly skilled workers from around the world.
To be eligible for an H1B visa, an applicant must meet the following requirements:
- Job Offer from a U.S. Employer: The applicant must have a job offer from a U.S. employer who is willing to sponsor their H1B visa. The job must be in a specialty occupation, which typically requires a bachelor’s degree or higher.
- Educational Qualification: The applicant must have the necessary educational qualifications for the job. Typically, this means a bachelor’s or higher degree in a specific field related to the job.
- Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor, which confirms that the employer will pay the H1B worker the prevailing wage for the job and that the working conditions will not negatively affect U.S. workers.
- H1B Cap: There is an annual H1B visa cap of 85,000 visas, which includes 65,000 for regular H1B visas and 20,000 for H1B visas reserved for individuals with a master’s degree or higher from a U.S. institution.
- Non-immigrant Intent: The applicant must demonstrate non-immigrant intent, meaning that they do not intend to immigrate to the U.S. permanently and plan to return to their home country after the H1B visa expires.
- Specialized Knowledge or Skill: The job for which the H1B worker is being hired must require specialized knowledge or skill that is not readily available in the U.S. workforce.
- Admissibility: The applicant must be admissible to the U.S., which means they must not have a criminal record or any other issues that would make them inadmissible.
Once an applicant is approved for an H1B visa, he or she must fulfill the professional duties that come with the visa. These duties include:
- Maintaining a valid nonimmigrant status in the US.
- Reporting any changes to the employer, such as changes in job duties or work location.
- Remaining employed with the employer who sponsored the H1B visa.
- Abiding by all US immigration laws and regulations.
- Departing the US when the H1B status expires, unless the applicant has filed an extension or a change of status.
The emphasis on specialty occupations is a critical aspect of the H1B visa. Employers must demonstrate that the job being offered is a specialty occupation that requires a specific set of skills and knowledge. They must also provide evidence that the applicant possesses the required qualifications, such as a bachelor’s degree or higher in a relevant field.
If you are considering applying for an H1B visa, I highly recommend consulting with an experienced immigration attorney who can guide you through the application process and help ensure a successful outcome.
Non-immigration Visa -L1
The L1 visa is a nonimmigrant visa that allows multinational companies to transfer employees from their foreign offices to their U.S. offices. This visa category is specifically designed for executives, managers, and specialized knowledge employees.
The L1 visa has two subcategories:
L1A Visa:
This category is for executives and managers. To qualify for this category, the employee must have worked for the foreign employer for at least one year in the past three years and must be coming to the U.S. to work in a managerial or executive capacity.
L1B Visa:
This category is for employees with specialized knowledge. To qualify for this category, the employee must have specialized knowledge of the company’s products, services, research, techniques, or management. The employee must have worked for the foreign employer for at least one year in the past three years.
One of the main advantages of the L1 visa is that it allows multinational companies to transfer their employees to the U.S. without having to go through the H-1B visa lottery process. Additionally, L1 visa holders can bring their spouse and children under the age of 21 to the U.S. on L2 dependent visas. L2 visa holders can also work in the U.S. with an approved work authorization.
The L1 visa is initially granted for up to three years, with the possibility of extending the visa for up to seven years for L1A visa holders and up to five years for L1B visa holders. There is also the option to apply for a green card through employment-based immigration, which can lead to permanent residency in the U.S.
To apply for an L1 visa, the U.S. employer must first file a petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence that the U.S. and foreign companies are related and that the employee has worked for the foreign employer for the required amount of time in the required capacity. Additionally, the employee must meet the qualifications for either the L1A or L1B subcategory.
It is important to note that the L1 visa is subject to certain limitations and restrictions. For example, the visa holder must work for the U.S. employer and may not work for any other employer in the U.S. without proper authorization. Additionally, the visa holder must have a valid job offer from the U.S. employer and must be qualified to perform the duties of the job.
L1 visa can be a great option for multinational companies looking to transfer their employees to the U.S. Please work with an experienced immigration attorney to ensure that the application process goes smoothly and to navigate any potential issues that may arise.
Nonimmigration Visa- O1
O1 visa is a nonimmigrant visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim. The O1 visa is also available for individuals with a demonstrated record of extraordinary achievement in the motion picture or television industry.
To be eligible for an O1 visa, an applicant must meet certain criteria, including:
- Demonstrating extraordinary ability in their field through sustained national or international acclaim
- Providing evidence of their extraordinary ability, such as major awards, publications, media recognition, or membership in professional organizations
Providing a detailed itinerary of their work in the United States
- Obtaining a job offer from a U.S. employer or a U.S. agent acting on behalf of multiple employers
In addition to meeting these eligibility requirements, an applicant must submit a number of documents as part of their O1 visa application, including:
- A completed Form I-129, Petition for Nonimmigrant Worker
- Evidence of the applicant’s extraordinary ability in their field
- A written consultation from a peer group or labor organization in the applicant’s field of expertise
- A detailed itinerary of the applicant’s work in the United States
A copy of the applicant’s employment contract or summary of terms
A letter from the U.S. employer or agent describing the nature of the work to be performed and the applicant’s qualifications for the position
Overall, the O1 visa is a great option for individuals with extraordinary ability in their field who wish to come to the United States to work. However, the application process can be complex, and it’s important to work with an experienced immigration attorney to ensure a successful application.
Nonimmigration Visa- E1/E2
For over 200 years, the United States has entered into international trade and navigation treaties with over 80 countries and regions around the world. The E visa category is a benefit provided by the United States to traders, investors, and key employees from these countries, making it easier for foreign nationals to engage in business activities in the United States.
These two types of visas can be traced back to the first half of the 20th century. The Immigration and Nationality Act passed in 1924 introduced the concept of “treaty traders” and excluded them from the immigration category.
After World War II, in order to open up trade, the Immigration and Nationality Act was amended in 1952 to establish two visa categories, E1 Treaty Traders and E2 Treaty Investors. Since then, the legal definitions of E1 and E2 have remained largely unchanged to this day.
The E1/E2 visa is a non-immigrant visa that allows nationals of certain treaty countries to enter the United States for the purpose of engaging in international trade.
To qualify for an E1 or E2 visa, an applicant must meet the following conditions:
- Be a national of a treaty country that has a qualifying treaty with the United States.
Be coming to the United States solely to engage in substantial trade or to develop and direct the operations of an enterprise in which the applicant has invested, or is in the process of investing, a substantial amount of capital.
- The applicant’s employer or business must have the same nationality as the applicant.
The trade or investment must be substantial, meaning that there must be a significant flow of international trade between the United States and the treaty country, or the investment must be large enough to create job opportunities in the United States.
To apply for an E1 or E2 visa, an applicant must provide the following documents:
A completed Form DS-160 (non-immigrant visa application)
- A passport valid for at least six months beyond the intended period of stay in the United States.
- Two passport-sized photographs.
- Evidence of the applicant’s nationality (such as a birth certificate or passport).
Evidence of the substantial trade or investment, including financial statements, business plans, and contracts.
A letter from the applicant’s employer or a detailed description of the enterprise in which the applicant has invested.
- Evidence of the applicant’s qualifications, such as educational or professional certifications.
A letter of support from the U.S. employer or business, if applicable.
It is important to note that the specific requirements and documents needed for an E1/E2 visa may vary depending on the applicant’s individual circumstances and the consular officer’s discretion. Consulting with an experienced immigration attorney can help ensure a smooth and successful application process.
Nonimmigration Visa-B1/B2
The B1/B2 visa is for individuals seeking to enter the United States for business purposes, such as attending conferences, negotiating contracts, or consulting with business associates. The B2 visa, on the other hand, is for individuals seeking to enter the United States for tourism, medical treatment, or other non-business purposes.
To be eligible for a B1/B2 visa, the applicant must demonstrate that they intend to enter the United States for a temporary period, have strong ties to their home country, and have sufficient funds to support themselves during their stay in the United States. Additionally, applicants must not have a criminal record, be inadmissible for health reasons, or pose a security risk.