The 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."

March 19, 2008

USCIS Announces Interim Rule on H-1B Visas
Rule Modifies Selection Process and Prohibits Multiple Filings

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.

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.

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.

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.

EB1-1 (Individuals with Extraordinary Abilities)

Foreign nationals who demonstrate extraordinary ability in a specific field may qualify for EB-1-1 employment based status as "priority worker". The foreign national must show that s/he has achieved international or national acclaim in his/her field, and has extraordinary ability (i.e., they have risen to the top of his/her field).

EB1-2 (Outstanding Researchers)

This type of visa is available for outstanding researchers to qualify as a “priority worker” immigrant visa. An Outstanding Researcher is a person who is recognized as being outstanding in specific academic or applied science fields. The applicant must show at least three years of teaching or research experience in the area for which he seeks classification and must be entering the United States to perform full-time research or teach in the filed of expertise. 

EB1-3 (Priority Worker Visa for Foreign Managers and Executives)

The EB1-3 visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years, and who seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. The applicant must meet the US Citizenship and Immigration Service (CIS) definition of a "manager" as someone who manages the organization, 

EB2-1 and EB2-2 Visas (for foreign professionals with advanced degrees and of exceptional ability)

Foreign professionals with advanced degrees and those with exceptional ability may qualify for EB2 visas. EB2-1 classification can be obtained by foreign nationals, who are members of the professions and who hold advanced degrees, including a person who holds a baccalaureate degree and has at least five years progressive experience in the profession. EB2-2 is available for individuals who possess “exceptional ability” in the sciences, arts or business.

EB3-1 and EB3-2 Visas (for Skilled Workers and Professionals)

Foreign "Skilled Workers" who are capable of performing a job which requires at least two years of training or experience, and for which qualified workers are not available in the United States, can obtain EB3 visa classification. To obtain an EB3-1 status, the U.S. employer must obtain an approved permanent Labor Certification, verifying that no qualified United States workers are available to fill the full-time position offered by the company and proof that the foreign national possessed the two years or more of qualifying experience prior to joining the company.

EB-5 Visa (for Employment Creation Foreign Nationals)

The EB-5 classification was created in 1990 for certain foreign national investors. The two main requirements for obtaining an EB-5 employment based visa is, first, the foreign national must invest $1 million in a new United States business (or $500,000 in a targeted employment area). Secondly, the foreign national must guarantee to provide full-time employment to at least 10 (ten) qualified United States workers (not including the applicant, his/her spouse, his/her children or any nonimmigrant workers).