EMPLOYMENT BASED NONIMMIGRANT VISAS

There are a wide range of nonimmigrant visas available to aliens seeking employment in the United States. The following are brief summaries of the most commonly used nonimmigrant visas for business purposes:

B-1 or WB: Visitors for Business

The B-1 or WB category allows persons employed and paid abroad to enter the United States for brief periods to attend meetings, seek out and consult for customers, etc.

Citizens of countries who are not required to have visitor visas may seek to enter the U.S. visa-waived for business purposes in the WB category.

E-1/E-2: Treaty Traders/Treaty Investors

Citizens of countries which have certain trade treaties with the United States may apply to the U.S. Consulate for either an E-1 (treaty trader) or E-2 (treaty investor) visa.

H-1B: Temporary Professional Workers

U.S. employers may sponsor foreign national professionals (holders of at least a U.S. or equivalent foreign bachelor’s degree or its equivalent in progressive, professional experience) for professional work in specialty occupations in the United States for up to six (6) years. The process is non-competitive.

L-1: Intracompany Transferees

U.S. employers can transfer managers or executives (L-1A category) and employees with specialized knowledge (L-1B category) from their foreign parents, subsidiaries, branches and affiliates to employment with the U.S. entity. Such employees must have worked full-time abroad for the foreign entity for at least one year during the preceding three years.

O-1: Aliens of Extraordinary Ability

The O-1 category is for aliens of extraordinary ability in the sciences, arts, education, business or athletics. "Extraordinary ability" in this category means "a level of expertise indicating that the person is one of a small percentage who have risen to the very top of the field of endeavor".

R-1: Religious Worker

The R-1 visa is for Religious workers coming temporarily to the United States in order to continue their religious vocation.

TN: Trade National Under NAFTA

U.S. employers may employ citizens of Canada and Mexico under the TN category in certain, limited professions for up to one year at a time. The period of employment may be renewed indefinitely.

This is just a sampling of the most commonly available nonimmigrant work visas available in the United States. We offer a full range of services to those interested in obtaining a nonimmigrant visa, and we are happy to discuss your options with you. Please do not hesitate to call our firm and discuss any of these visas, or any others, with one of our attorneys. We will be happy to discuss your options with you further and, if applicable, arrange for you to have a full consultation.