Employment Non-Immigrant Visas
Business Immigration
H-1B Visa
Specialty Occupations – DOD Cooperative R&D Project Workers – Fashion Models
The H-1B visa is a temporary employment visa enabling U.S. companies to recruit foreign professionals with specialized expertise for a defined duration of employment within the United States. Generally, these roles need at least a bachelor’s degree or its equivalent.
The types of jobs that are eligible for H-1B visa sponsorship usually fall under sectors like technology, finance, engineering, and architecture, among others.
To be eligible for the H-1B visa, you will need:
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A job offer from a U.S. employer for a role that requires specialty knowledge.
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Proof of a bachelor’s degree or equivalent experience in the field.
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The employer needs to show that there is a lack of qualified U.S. applicants for that specific role.
Due to the high demand for this visa, there’s an annual quota on how many can be granted. It was capped at 65,000 for the 2023 fiscal year. However, if you hold a master’s degree from an accredited U.S. institution, you have an additional opportunity: an extra 20,000 visas are set aside for individuals with a master’s degree or higher. Moreover, if you’re sponsored by a higher education institution, a nonprofit affiliated with a higher education institution, or a government research entity, the visa cap is not applicable.
L-1A & L-1B Visas
Multinational Intra-Company Transferees
If you’re an employer with a functioning U.S. office or have plans to set one up, the L-1 visa could be an option that allows you to transfer seasoned, high-ranking staff to the U.S. to expand your operations.
Comparing L-1A and L-1B Visas:
The L-1A and L-1B visas are different in various aspects. The L-1A is preferable if you’re aiming for a longer stay period (up to seven years, including extensions) and can fulfill the specified requirements.
The L-1B, on the other hand, might be a better fit if you do not occupy a managerial or executive role but have unique, specialized knowledge gained from at least one uninterrupted year of employment with the foreign company in the past three years.
The L-1A is intended for intracompany transfers of employees holding managerial or executive roles, including those responsible for overseeing the company’s operations. The L-1B targets intracompany transfers of employees who possess specialized understanding of the firm’s products, services, operations, or procedures.
To be eligible for an L-1A visa, an employee must have been employed with the overseas company continuously for at least one year out of the preceding three years in a managerial, executive, or similarly high-ranking role before filing the application.
The L-1B visa has similar eligibility criteria: the employee must have worked for the foreign entity for a minimum of one continuous year within the last three years prior to filing the application.
L-1A visa holders are permitted an initial U.S. stay of up to three years, extendable to a total maximum period of seven years.
L-1B visa holders can initially stay up to three years, with the possibility of extensions, capping the total stay at five years, which is somewhat shorter in comparison.
O-1 Visa
Extraordinary Ability Visa
The O-1 visa is designated for individuals with extraordinary skills in fields such as sciences, arts, education, business, or athletics.
Additionally, it includes those with a proven track record of exceptional accomplishments in the film or TV industry and have garnered national or international recognition for their feats.
The O visa categories include:
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O-1A: Pertains to those with unique talents in sciences, education, business, or athletics, excluding the arts and the film/TV industry.
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O-1B: Designated for individuals with special skills in the arts, or notable achievements in the film or TV sector.
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O-2: For those accompanying O-1 visa holders in arts or athletics to aid in particular events or shows.
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O-3: Meant for the families, specifically spouses or children, of O-1 and O-2 visa beneficiaries.
P-1 Visa
Artists, Athletes and Entertainers
The P-1 visa is a specific temporary U.S. visa designed for athletes, entertainers, their coaches, and supporting personnel, for the purpose of performing at a specific athletic competition or event. If you fit these categories, you can apply for a P-1 visa.
For athletes on a P-1 visa, activities beyond their sport, like participating in promotional events or securing endorsements through their employer or agent, are permitted.
Individuals with a P-1 visa can earn through performances, accept prize money, and even pursue part-time studies while in the U.S. Additionally, they can travel within and outside the U.S. as long as the visa remains valid.
TN Visa
NAFTA Professionals
The North American Free Trade Agreement (NAFTA) established unique economic and trade ties between the United States, Canada, and Mexico.
The TN classification allows eligible Canadian and Mexican nationals to temporarily enter the U.S. to participate in professional business activities.
Professionals like accountants, engineers, attorneys, pharmacists, scientists, and educators can apply for TN status. You might qualify for the TN status if:
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You hold citizenship from either Canada or Mexico;
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Your profession is recognized under the stipulated regulations;
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You’ve secured either a full-time or part-time employment with a U.S. employer (note: self-employment doesn’t qualify – further documentation is discussed separately);
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You possess the requisite qualifications for the specified profession.
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