Visa
H-1B Established by the Immigration Act of 1990 (IMMACT), the H-1B Nonimmigrant Visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H1B visa program is utilized by businesses and organizations to employ foreign workers in specialty occupations
that require theoretical or technical expertise in a specialized field.
Specialty occupation is defined as: "an occupation that requires (a) theoretical and practical application of a body of highly specialized
knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States" [INA§214(i)(1), 8 USC § 1184(i)(1)]. Typical H-1B occupations
include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H1B category is 65,000.
Spouse and unmarried children of H1B workers (under 21 years of age) are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4.
Requirements
The H1B program allows an employer to temporarily employ a foreign worker in the
U.S. on a nonimmigrant basis in a specialty occupation. H1B is job-specific.
This means that the foreign professional must have a job offer from an U.S.
employer, and the position offered must require the worker's qualifications
and/or skills.
Each employer seeking an H1B nonimmigrant in a specialty
occupation has several responsibilities:
Requirement from foreign national applicant
Requirement from dependent
Requirement from U.S. Employer
2) L-1A
To be eligible for an L1 visa, a foreign national normally must have been
employed by the foreign company continuously for at least one year during the
preceding three years in a managerial or executive position, or in a position
where the individual gained specialized knowledge.
The individual must be coming to the United States to provide services to the same employer or
a branch office, subsidiary or affiliate. For this reason, L1 visa holders are
known as intracompany transferees. Executives and managers enter the United
States on an L1A visa. Employees with specialized knowledge enter the United
States on an L1B visa.
To qualify for specialized knowledge, the
employee must possess special knowledge of the petitioning organization’s
product, service, research, equipment, techniques, management, or other
interests and its application in international markets, or an advanced level of
knowledge in the organization’s processes and procedures.
Since the L1 program’s creation, U.S. Congress has consistently responded to the needs of
the business community by facilitating the process by which multinational
companies import key personnel through the L1 visa. Originally, the L1
beneficiary had to have worked for the company abroad during the year
immediately before filing the L1 petition. A later amendment broadened the
qualifying period to one year during the prior three year, thus permitting a
former employee to rejoin the multinational company in the United States.
The L1 Visa Is a Temporary Professional
Work Visa
For years, the L1 visa has been a vital tool for both
U.S. companies with an international presence, and international firms
expanding into the U.S. Although not a heavily utilized visa, the L1 visa has
done much to foster foreign investment in U.S. Many foreign companies use L1
visa program to build U.S. factories, open offices, and hire significant number
of U.S. workers. In fact, L1 visa is the principal immigration vehicle U.S.
companies use to bring in qualified personnel temporarily from their operations
abroad, to serve as managers or executives, or to apply certain specialized
knowledge.
An L1 visa allows foreign nationals working abroad for a
multinational company to be transferred to work in the United States. The L1
work visas are designed for people transferring from a company abroad to work
in the United States for a related company. Unless U.S. and foreign companies
are able to bring key personnel to their American operations, U.S. companies
will be put at a competitive disadvantage, and foreign companies will be
unlikely to establish or expand their presence in U.S.
This visa
category requires that the employee holds an executive or managerial position,
or has specialized knowledge about company products or processes. The L1 visas
are a popular option for multinational firms. The L1 visa is a temporary
professional work visa:
3) E 1 Visa
E1 and E2 Employees
Once
the principal applicant has obtained registration as a Treaty Investor or
Trader, it is a relatively straightforward task to obtain E visas for
qualifying employees. Obtaining the registration usually takes 4 to 6 weeks,
and obtaining subsequent employee visas usually takes 10 to 15 working
days.
Two types of employee qualify for E - visas:
Executives & Managers:
Executives and Managers should be going to develop and
direct the trade or investment of the principal investor/trader in the USA.
Such personnel should be able to demonstrate their executive or managerial
pedigree, though there is no requirement that they have worked for the
principal trader or investor for at least one year, as there is with the L1
visa. Generally a resume and supporting letter from the principal is all the
evidence required.
Specialist or Essential Skilled Workers:
Visas for this type of employee are
somewhat more difficult to obtain. One must demonstrate that:
If the above criteria are met then an E-visa can be obtained, but is considerably more difficult to renew than an Executive/Managerial E-visa. Note that, a 'visa issuance fee' is often required in addition to the usual visa application fee for E visas. This usually amounts to $100-200. Also E-visa employees must be of the same nationality as the principal investor or trader.
Dependents of E-visa workers are also issued E visas. However, these are not authorized for employment, though such dependants may engage in study.
H-1B Established by the Immigration Act of 1990 (IMMACT), the H-1B Nonimmigrant Visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H1B visa program is utilized by businesses and organizations to employ foreign workers in specialty occupations
that require theoretical or technical expertise in a specialized field.
Specialty occupation is defined as: "an occupation that requires (a) theoretical and practical application of a body of highly specialized
knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States" [INA§214(i)(1), 8 USC § 1184(i)(1)]. Typical H-1B occupations
include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H1B category is 65,000.
Spouse and unmarried children of H1B workers (under 21 years of age) are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4.
Requirements
The H1B program allows an employer to temporarily employ a foreign worker in the
U.S. on a nonimmigrant basis in a specialty occupation. H1B is job-specific.
This means that the foreign professional must have a job offer from an U.S.
employer, and the position offered must require the worker's qualifications
and/or skills.
Each employer seeking an H1B nonimmigrant in a specialty
occupation has several responsibilities:
- The employer shall submit a completed Labor Condition Application (LCA) on
Form ETA 9035E in the manner prescribed by the regulations. By completing and
signing the LCA, the employer agrees to several attestations regarding an
employer's responsibilities, including the wages, working conditions, and
benefits to be provided to the H1B nonimmigrant.
- The employer shall make the LCA and necessary supporting documentation
available for public examination at the employer’s principal place of business
in the U.S. or the place of employment within one working day after the date on
which the LCA is filed with ETA.
- The employer may then submit a copy of the approved LCA to USCIS with a
completed petition (USCIS Form I-129) requesting H1B classification.
- The employer shall not allow the nonimmigrant worker to begin work until
USCIS grants the worker authorization to work in the U.S. for that employer or,
in the case of a nonimmigrant who is already in H1B status and is changing
employment, to another H1B employer until the new employer files a petition
supported by a certified LCA.
- The employer shall maintain documentation to meet its burden of proof with
respect to the validity of the statements made in its LCA and the accuracy of
information provided, in the event that such statement or information is
challenged. The employer shall also maintain such documentation at its
principal place of business in the U.S. and shall make such documentation
available to DOL for inspection and copying upon request.
Requirement from foreign national applicant
- Resume
- Copy of diplomas and transcripts
- Academic equivalency evaluation report of foreign degree(s)
- Copy of professional license, if any
- Copy of passport and I-94
- Copy of all immigration documents e.g. I-20, IAP-66, EAD, etc.
- Copy of previous H1B filing documents, if applicable
Requirement from dependent
- Copy of certified birth certificate (for children)
- Copy of passport and I-94
- Copy of all immigration documents e.g. I-20, IAP-66, EAD, etc
- Copy of certified marriage certificate
Requirement from U.S. Employer
- Brochure or promotional material
- Job offer letter
2) L-1A
To be eligible for an L1 visa, a foreign national normally must have been
employed by the foreign company continuously for at least one year during the
preceding three years in a managerial or executive position, or in a position
where the individual gained specialized knowledge.
The individual must be coming to the United States to provide services to the same employer or
a branch office, subsidiary or affiliate. For this reason, L1 visa holders are
known as intracompany transferees. Executives and managers enter the United
States on an L1A visa. Employees with specialized knowledge enter the United
States on an L1B visa.
To qualify for specialized knowledge, the
employee must possess special knowledge of the petitioning organization’s
product, service, research, equipment, techniques, management, or other
interests and its application in international markets, or an advanced level of
knowledge in the organization’s processes and procedures.
Since the L1 program’s creation, U.S. Congress has consistently responded to the needs of
the business community by facilitating the process by which multinational
companies import key personnel through the L1 visa. Originally, the L1
beneficiary had to have worked for the company abroad during the year
immediately before filing the L1 petition. A later amendment broadened the
qualifying period to one year during the prior three year, thus permitting a
former employee to rejoin the multinational company in the United States.
The L1 Visa Is a Temporary Professional
Work Visa
For years, the L1 visa has been a vital tool for both
U.S. companies with an international presence, and international firms
expanding into the U.S. Although not a heavily utilized visa, the L1 visa has
done much to foster foreign investment in U.S. Many foreign companies use L1
visa program to build U.S. factories, open offices, and hire significant number
of U.S. workers. In fact, L1 visa is the principal immigration vehicle U.S.
companies use to bring in qualified personnel temporarily from their operations
abroad, to serve as managers or executives, or to apply certain specialized
knowledge.
An L1 visa allows foreign nationals working abroad for a
multinational company to be transferred to work in the United States. The L1
work visas are designed for people transferring from a company abroad to work
in the United States for a related company. Unless U.S. and foreign companies
are able to bring key personnel to their American operations, U.S. companies
will be put at a competitive disadvantage, and foreign companies will be
unlikely to establish or expand their presence in U.S.
This visa
category requires that the employee holds an executive or managerial position,
or has specialized knowledge about company products or processes. The L1 visas
are a popular option for multinational firms. The L1 visa is a temporary
professional work visa:
- It is valid for up to seven years for managers and executives (L1A);
- It is valid for up to five years for specialized knowledge employees (L1B),
and
- L1 dependents (spouses and children) receive L2 status. L2 spouses may
obtain authorization to work in the United States in any type of employment.
3) E 1 Visa
E1 and E2 Employees
Once
the principal applicant has obtained registration as a Treaty Investor or
Trader, it is a relatively straightforward task to obtain E visas for
qualifying employees. Obtaining the registration usually takes 4 to 6 weeks,
and obtaining subsequent employee visas usually takes 10 to 15 working
days.
Two types of employee qualify for E - visas:
Executives & Managers:
Executives and Managers should be going to develop and
direct the trade or investment of the principal investor/trader in the USA.
Such personnel should be able to demonstrate their executive or managerial
pedigree, though there is no requirement that they have worked for the
principal trader or investor for at least one year, as there is with the L1
visa. Generally a resume and supporting letter from the principal is all the
evidence required.
Specialist or Essential Skilled Workers:
Visas for this type of employee are
somewhat more difficult to obtain. One must demonstrate that:
- A US resident worker could not fill the position;
- The employment of the treaty national is necessary for the running of the
principal trader or investor's business in the USA;
- US workers will be trained to replace the treaty national (details of the
proposed training must be given).
If the above criteria are met then an E-visa can be obtained, but is considerably more difficult to renew than an Executive/Managerial E-visa. Note that, a 'visa issuance fee' is often required in addition to the usual visa application fee for E visas. This usually amounts to $100-200. Also E-visa employees must be of the same nationality as the principal investor or trader.
Dependents of E-visa workers are also issued E visas. However, these are not authorized for employment, though such dependants may engage in study.