We assist our employer clients and foreign nationals with the preparation and submission of employment-based petitions for worker visas with the USCIS. We also advise individuals and employers on maintenance and change and extension of temporary worker status. And, we advise our employer clients on establishing and staffing new offices in the U.S.
We advise clients on many other types of work visas and statuses, each with requirements specific to the position, the employer’s business, and the duration of employment.
General Requirements
- Most require employer or sponsor to obtain USCIS approval
- Specific to the type of visa and often depend upon the type of work and level of education and/or training required.
H1B Visa
H1B Visa – allows foreign nationals to work in the U.S. in a “specialty occupation” for a temporary period. H1B visas are capped at 85,000 visas each fiscal year (20,000 of which are restricted to individuals who have received master’s degrees or higher from U.S colleges or universities).
Specific Requirements
- Employer
- Must obtain a labor condition application (“LCA”) from the U.S. Department of Labor before filing.
- Employee
- Must have a bachelor’s degree or equivalent experience.
- Exempt from numerical limitations if previously received an H1B visa or already granted H1B status.
- If presently employed in H1B status, can use the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21) to transition status to new employer.
- Spouses / Minor Children
- Authorized to live and study (but not work) in the U.S. in H-4 status.
Time Period
- Six (6) year maximum that may be issued in increments of up to three years. An employee may receive extensions of H1B status beyond six years if, for example, that employee is in the process of applying for employment-based permanent residence – i.e., a green card.
L1 Visa
L-1 Visa – for the transfer of executives, managers, and employees in a specialized knowledge position within multinational companies. There are NO annual limitations on the number of L-1s that can be approved and no specific wage requirements.
Specific Requirements
- Qualifying relationship between U.S. company and foreign company, which includes parent, branch, subsidiary or affiliate.
- The transferred employee must have been employed by the foreign affiliate for at least one (1) continuous year within the three (3) years prior to coming to the U.S.
Other Worker Visas
Our Services
We advise clients on many other types of work visas and statuses, each with requirements specific to the position, the employer’s business, and the duration of employment.
Examples include:
- E-1 (treaty trader) and E-2 Visas (treaty investor) – for nationals of countries with commercial treaties with the U.S. to engage in trade or business investment activities
- H2B Visa – for certain short-term, temporary workers
- O Visa – for persons of extraordinary ability in the arts, sciences, education, business, or athletics
- P-1, P-2, and P-3 Visas – for performers and athletes
- Q Visa – for individuals participating in an international cultural exchange program designated by the USCIS
- R Visa – for religious workers
- TN Visa – uncapped visa program for professionals of Mexico and Canada who are offered employment in the U.S. in a specific occupation listed in the North American Free Trade Agreement (“NAFTA”)
