Employment Based (Non) Immigrant Visas

EMPLOYMENT-BASED (Non) Immigrant Visas

Do you need assistance to get a Visa? Contact us now.

Our office provides legal services to employers so that they may hire foreign workers with specific skills. We also assist workers that meet an employer’s job requirements secure temporary work visas in the following categories:

*H-1B Visa – This category allows professionals with special skills and knowledge in certain occupations to enter the United States and perform the required work for a temporary period.

*H-3 Visa - This category allows for a worker to be given an opportunity by an individual or organization to receive instruction and training but is not created with the primary purpose being to provide productive employment. This category excludes training to receive graduate medical education.

*H-4 Visa - H-4 visas are issued to H-1 holders’ spouses and children under twenty-one years of age. H-4 holders are considered to be the dependents of H-1 holders. Spouses and children under twenty-one years of age may be entitled to enter and remain in the United States for the duration of the H-1 holder’s authorized stay, as H-4 status holders. Their duration of valid stay is the same as that of the H-1 holder. H-4 holders are permitted to attend school on their H-4 status, and are not required to be full-time students. H-4 holders are not permitted to work.

*B-2 (Tourist Visa) - This visa covers short visits for leisure and pleasure such as tourism or visiting a family member.

*F-1 Visa- Aliens who wish to pursue academic studies in the United States may apply for an F-1 Visa. Aliens admitted under this category can remain in the United States as long as it takes to complete their intended course of study. The Alien may also engage in a specific period of practical training (OPT) after completion of their studies as long as the training would not be available in their country of origin. Aliens applying for a visa under this category do not need pre-approval from the United States Citizen and Immigration Services (USCIS), but it is necessary to be granted a certificate of eligibility from the institution they plan to attend (Form I-20) and notify the United States Consulate.

*J-1 Visa - The J-1 Visa is usually referred to as one relating to “exchange visitors.” In order to be granted a J-1 Visa, an alien must be sponsored by an employer working through an Exchange Visitor Program which is designated by the U.S. State Department. Generally, immigration regulations permit J-1 holders to work for the program sponsors. However, there are circumstances in which J-1 holders may work for non-sponsored employers. The eligibility requirements are category dependent. The duration of J-1 status depends on the J-1 holder’s program of study. A J-1 holder’s IAP-66, Certificate of Eligibility, usually indicates the duration of his or her program. However, a J-1 holder may extend his stay under the J-1 status if his total stay period does not exceed the maximum duration of stay for the program, and his program sponsor agrees to the extension. Certain persons who entered and/or stayed in the United States as J-1 “exchange visitors” are required to return to their country of origin or the country in which they were a permanent resident before entering the United States for a period of two years after completion of J-1 status before they can be eligible for H, L or permanent residency status. However, in some instances an Alien may be granted a waiver of the foreign residency requirement.

* L-1 Visa (Employer Transfer Visa) – The L-1 Visa is a non-immigrant visa which allows companies to relocate employees. The L-1 allows companies who operate both in the United States and another country to transfer its valuable employees to a location in the United States for a period of up to 7 years.

In order for an employee to qualify for an L-1 Visa, either an A or B, there are a certain number of requirements which include the following:

The employee must have worked in some capacity for the sponsoring company for one of the last three years of their employment;

The employee must either be a manager/executive (there is a very strict definition as to who qualifies as a manager or an executive) or an employee must possess specialized knowledge with regard to the company;

Applications for an L-1A visa require a detailed description of all the duties, which will be performed by the manager or executive. The manager or executive should have considerable experience in supervisory responsibility for professional or vital staff in the new position;

A person who applies for an L-1B visa must demonstrate knowledge of the company's products, research and/or systems or models. Employees applying for an L-1B are usually approved more easily than those who apply for an L-1A.

A person who is transferred or/and classified as a manager or an executive will be initially issued an L-1A visa while a person classified as a person with specialized knowledge will be issued an L-1B. The L-1A visas will initially be granted for a period of 3 years with two years renewals for a maximum of 7 years. The L-1B visas will be initially approved for a three-year period and extendable for a two-year period for a maximum of five years. Presently, there is no limit on the number of L-1 visas that can be issued.

*TN Visa – This category is commonly referred to as the “Trade NAFTA” Visa. This visa permits Mexican and Canadian professionals to enter the United States and work under the guidance of a U.S. employer. Since the TN visa is intended for professionals, beneficiaries must provide proof of applicable degrees, licenses and/or work experience.

*O-1 Visa - Artists, athletes, performers and persons of extraordinary ability in the sciences, education, entertainment and business can enter the US under the O1 visa.

*P-Class Visa - The P-class visas allow entertainers, artists and athletes to enter the country in order to participate in events, competitions or performances. Since this is a temporary visa, it can be applied for on an individual or team basis. The P4 visa allows family members of P1, P2 or P3 visa holders to join them for the duration of their stay.