Visas

Work Visas

H-1B Visa

The H-1B visa is appropriate for professionals coming to the US temporarily to perform services in a specialty occupation. A specialty occupation requires the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) for entry into the occupation. A foreign national seeking to work in a specialty occupation must have completed such a degree or have experience in the specialty equivalent to the completion of the degree  and expertise in the specialty through progressively responsible positions relating to the specialty.

The prospective employer must file a Labor Condition Application (LCA) with the Department of Labor and make the following attestations:

• The employer must pay the sponsored worker at least the local prevailing wage or the employer’s actual wage, whichever is higher, and pay for nonproductive time. The employer must also pay benefits on the same basis as offered to U.S. workers.
• The employer must provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed.
• There is no strike, lockout, or work stoppage in the named occupation at the place of employment.
• Notice to union or to workers has been or will be provided in the named occupation at the place of employment.

Once an approved LCA is obtained from the Department of Labor, the employer can submit the H-1B visa petition with US Citizenship and Immigration Services (USCIS). If the foreign national is abroad, he or she must apply for a H-1B visa at the US consulate. If the foreign national is already in the US, the employer will request a change of status.

L-1 Visa

The L-1 visa was created to permit international companies to temporarily transfer qualified employees to the US for the purpose of improving management effectiveness, expanding US exports, and enhancing competitiveness in markets abroad. In order to qualify for L-1 status, the following requirements must be met:

• The petitioning employer is the same firm, corporation, or other legal entity, or parent, branch, affiliate, or subsidiary thereof, for whom the L-1 worker has been employed abroad
• The L-1 worker is a manager, executive, or an alien having specialized knowledge, and will hold a managerial or executive position or a position requiring specialized knowledge
• The employer and the foreign worker have the requisite employer-employee relationship
• The employer will continue to do business in the US and at least one other country
• The prospective L-1 worker must have had one year of prior continuous qualifying experience with the employer within the previous three years. The foreign national's one year of qualifying experience with the employer must be wholly outside the US. Time spent working for the petitioning firm in the US does not qualify.

The L-1 visa is also an option for foreign nationals who are coming to the US to establish a new office. An alien in a managerial, executive, or specialized knowledge capacity may come to open or be employed in a new office. In this case, the L-1 petition will be approved for a period not to exceed one year, after which the employer must demonstrate that it is "doing business" as defined in the regulations in order for the petition and the L-1 worker's stay to be extended beyond one year.

L-1 workers are specifically excluded from the intending immigrant presumption of section 214(b) of the INA. Therefore, they are not required to have a residence abroad which they have no intention of abandoning. Also,  the fact that a L-1 visa applicant has sought or will seek permanent residence in the US does not preclude him or her from obtaining L-1 status or otherwise maintaining that status.

O-1 Visa

The O visa classification is designed for persons with extraordinary ability in the sciences, arts, education, business, and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.

Extraordinary achievement in science, education, business or athletics is defined as a level of expertise indicating that the person is one of the small percentage who have arisen to the very top field of endeavor.  Extraordinary ability in the arts means “distinction.” This category requires the petition to establish only that the artist is prominent in his or her field of endeavor.

Extraordinary achievement in the motion picture and television industry means a very high level of accomplishment as evidenced by a degree of skill and recognition significantly above that ordinarily encountered. The person must be outstanding or notable.

“Dual intent” is permissible for O-1 visa holders. In other words, an applicant for an O-1 visa does not have to have a residence abroad which he or she does not intend to abandon. On the other hand, an O-2 visa applicant must satisfy the consular officer that he or she has a residence abroad and no intent to abandon that residence.

P Visa

The P-1 visa category is designed for:

• A person who performs as an athlete, either individually or as part of a group or team at an internationally recognized level of performance. An athletic team can be as few as two persons. The "international recognition" requirement may be waived in some cases.
• A person who performs with, or serves as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time. The foreign national ordinarily must have had a sustained and substantial relationship with the group for at least one year, providing functions integral to the performance of the group. The one-year relationship requirement does not apply to 25% of the performers of any group, nor to circus personnel, and may be waived in certain circumstances. An entertainment group may have as few as two persons.

The P-2 visa classification is appropriate for artists or entertainers, individually or as a group, or their essential support personnel, who will be performing under a reciprocal exchange program which is between at least one organization in the US and at least one organization in one or more foreign countries which provides for the temporary exchange of artists and entertainers. The exchange of artists and entertainers shall be similar in terms of caliber of artists and entertainers, and in terms and conditions of employment.

The P-3 visa is for artists or entertainers, individually or as a group, or their essential support personnel, who wish to come to the United States for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation. The alien must be coming to the US to participate in a cultural event(s) which will forward the understanding or development of the art form. The program may be of a commercial or noncommercial nature, and does not have to be sponsored by an educational, cultural or government agency. There is no requirement for P-3 visa applicants that the group has existed before their trip to the US.