he H-1B or “Specialty Worker” visa is available for a United States company who wishes to directly employ a foreign individual, for a temporary period (initially 3 years) in a “specialty occupation.” A specialty occupation is defined as “an occupation, which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation.”

The position or the job for which the foreign national would be hired must be one that requires a baccalaureate or a higher degree or the equivalent, and the degree requirement must be common to the industry or the company must show that it normally requires the degree in such position.The H-1B specialty worker status is limited to an initial three years period, but can be extended upon application for not more than three more years, for a total stay of six years.

To obtain an H-1B non-immigrant visa, a United States company must file a petition at the regional Citizenship and Immigration Service (CIS) service center. When filing the petition the company must post a job-site disclosure, declaring the actual salary paid, and all the locations where the foreign national will be employed. The company must also file a Labor Condition Application with the U.S. Department of Labor, attesting that it is offering the foreign national not less than the prevailing salary for such a position in the region of employment.

The filing process for an H-1B petition is quite complicated and the requirements are quite extensive. Therefore, it is recommended that one should seek professional help to prepare it.

The L visa is available for multinational companies seeking to transfer high-level and essential employees from overseas to provide services in a similar capacity to a subsidiary, affiliate, branch or parent company in the United States. This individual employee is called an “intra-company transferee.” The intra-company transferee must have been working abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary of the U.S. company within the three years preceding the time of his/her application for an L-1.

She/he must also be coming to the United States temporarily in order to render his/her services to a branch of the same employer, and in a managerial, executive capacity or one that involves “specialized knowledge.”Categories of the L visa include the L-1A (for an executive or manager) and the L-1B (for a person of specialized knowledge). For an expedited processing of an L visa, many large companies have a blanket L petition approval for their employees who will be entering the United States to work in one of these capacities. Individuals who work for a company, which has a blanket L petition approval, may apply for L visa stamps at a United States Consulate abroad, except for Canadian citizens, who do not need visa stamps, but can apply for L-1 admission directly at a United States port of entry on the Canadian border. If a company does not have a blanket petition, the United States employer must file for an L-1 visa status for executives, managers, or employees who have specialized knowledge of products, processes, or operating policies and procedures, with a US Citizenship and Immigration Service (CIS) regional service center. Upon approval, the individual may apply for an L-1 visa stamp at a U.S. Consulate. Canadian citizens may file the petition directly at a port of entry since Canadians are not required to present an L visa stamp at the United States border. An L-1 visa may also be a good option for foreign nationals who are seeking to start a business in the U.S. The applicant must continue to be operating a business abroad. The beneficiary individual must also demonstrate one-year full-time employment abroad in the three years preceding the application with a parent, branch or affiliate of the U.S. company. The requirements for an L-1 classification include evidence that a premises has been secured and that the applicant’s position in the company abroad was executive or managerial.

The initial maximum period of an approved L-1 visa is three years. However, extensions may be granted for individuals with L-1A (executive/manager) status up to a maximum stay of seven years. Extensions for individuals with L-1B (specialized knowledge) status can be granted for a maximum stay of five years. Spouses of L-1’s may obtain work authorization.

If you are a person who is highly talented or acclaimed in the sciences, arts, education, business or athletics, or have a demonstrated record of extraordinary achievement in the motion picture or television industry, and wish to come to the U.S., the O-1 visa is a good option for you.

This type of visa is especially helpful to artists, athletes, entertainers and high-end chefs, among others. “Extraordinary ability” is defined as a level of expertise indicating that the foreign national is “one of the small percentage who have risen to the very top of their field of endeavor.” In order to qualify for an O-1 visa, the foreign national must demonstrate that s/he has sustained national or international acclaim and recognition for achievements in his/her field. The initial period of stay requested cannot exceed three years, though extensions of stay can be granted by the Citizenship and Immigration Service (CIS).

Canadian or Mexican professionals may work for companies in the United States on a temporary basis, under the North American Free Trade Agreement (NAFTA), either as a direct employee or as a management consultant. The maximum period of the initial authorized stay under the TN category is one year, with unlimited one-year extensions.

Under NAFTA there is a specific list of professions, which may qualify for TN category. This list is long and includes computer science, engineering, architecture, economics, and many other professions. A Canadian applicant for a TN status may file an application for admission directly at the United States – Canada border. As for Mexican citizens, the United States employer must first file and obtain approval of a TN petition with a the US Citizenship and Immigration Service (CIS) regional service center before the Mexican citizen may apply for a visa stamp at the U.S. Consulate

The B-1 visa is available for any foreign national who wishes to enter the United States for any business-related function, such as to attend conferences, take orders, to negotiate with existing businesses or customers, or to execute service agreements. However, the visitor must be conducting temporary business activity for a foreign employer, and the trip must not lead to gainful employment in the United States.

B-1 status is approved for the period of time necessary to complete the business activity and usually does not exceed six months. However, should the visitor require more time, s/he may apply for an extension while in the United States at the U.S. Citizenship and Immigration Service. The application for extension must be received by the CIS before the expiry of the B-1 status.

To obtain a B-1 visa one must apply directly at the U.S. Consulate. The applicant must prove that s/he has a permanent residence status in another country and has no intention of abandoning this status. However, there are national of certain countries, who do not need a visa stamp from a U.S. Consulate to enter the U.S. for a maximum temporary period of 90 days under a Visa Waiver Pilot Program (VWPP). There is no extension of the 90-day period, and those who enter the U.S. under the VWPP may not be able to change to a different non-immigrant status or to permanent resident status, except for the immediate relative (spouse or children under 21) of a U.S. In order to obtain a different status, the visitor must leave the country and then apply for a new visa.

The E-1 and E-2 Visas are available for foreign nationals, who are citizens of countries which have treaties of “commerce and navigation” with the United States. Generally, the E visa is available to persons who will oversee a business in the United States, which is either engaged in trade between the United States and the treaty country or is created by “substantial investment” in the United States.

In order to obtain an E visa, there must be an actual treaty existing between the U.S. and the foreign national’s country of nationality, the majority ownership of the company must be held by the nationals of the foreign country, and the foreign national must be a manager or an executive or a person with essential skills.

In order to obtain an E-1 visa, the United States company must be engaged in an already existing “substantial” trade (50% or more) between the United States and the treaty country, and the foreign employee seeking an E-1 must be employed in a managerial capacity or must have “essential skills.” The foreign national must show an intention to depart the United States at the conclusion of the E-1 visa period.

As for the E-2 (treaty investor) visa, it is required that the foreign national must show that s/he is in the process of actively investing, or must have already made a substantial investment in a United States business that is real and operating. For the individual investor, the amount of investment must not be his/her sole means of support, and s/he must also be in a position to develop and direct the business in the U.S. If the E-2 visa applicant is an employee, and not an investor, s/he must individually qualify as a manager or as a highly trained and specially qualified employee and, must show an intention to depart the United States at the conclusion of the E-2 visa period.

It must be noted that the spouses of the principal E-1 and E-2 visas can obtain work permission.