EMPLOYMENT BASED PETITIONS
Temporary Work Visas
(H-1B, H-2B & H-3)
Skilled Workers (H): H visa is issued to a nonimmigrant for the purpose of temporary employment in the United States. To be qualified for an H-visa, the applicant must demonstrate evidence that:
1. The prospective employer has filed in the U.S. and the USCIS has approved a petition requesting H status for the applicant.
2. The applicant qualifies by showing proof of education and work experience.
Types of H Visas:
H-1B visa (specialty occupation) is required by an employee in the United States to perform services in a professional job. To qualify, the alien requires a higher education degree (bachelor’s degree or higher degree) or its equivalent in the specific specialty for which employment authorization is being sought.
Before filing the petition with the USCIS, the employer is required to file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.
H-2B visa (skilled and unskilled worker) is required by an employee in the United States to perform a job that is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition with the USCIS, the employer is required to obtain from the Department of Labor a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.
H-3 visa (trainee) is required by a trainee who is to receive training from an employer in any field of endeavor, other than graduate education or training. The training cannot be available in the individual’s home country. The employer is required to file a petition, form I-129H, with USCIS.
(L-1A & L-1B)
To qualify for an L-1 visa, the employee must be at the managerial or executive level (L-1A), or have specialized knowledge (L-1B) and be employed in a position at either of these two. Additionally, the employee must not have been employed outside the U.S. with the firm continuously for one year within the three years before the application for an L visa.
L-1A Intracompany transferees who work as managers, executives. The L-1 visas provide for admission of foreign nationals who, within three years preceding the application for admission, were employed abroad continuously for one year by a parent, branch, affiliate, or subsidiary of the U.S. petitioning company and are now being temporarily transferred to the United States.
L-1B visa is an employment based non-immigrant visa that allows a U.S. employer to transfer a foreign employee with “specialized knowledge or skills” relating to the company’s interests from one of its affiliated foreign company to one of its offices in the U.S. Like L-1A, L-1B also allows a foreign company or enterprise which does not yet have an affiliated U.S. office to transfer a “specialized knowledge employee” to the U.S. with the purpose of establishing or setting up an new office here.
Others Workers Visas
(O, P, R & TN)
O-1 Visas - Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
P-1 Visas - Internationally recognized athletes and entertainers, and their essential support staff.
P-2 Visas - Entertainers coming to perform in the U.S. through a government-recognized exchange program.
P-3 Visas - Artists and entertainers coming to the U.S. in a group to present culturally unique performances.
R-1 Visas - Ministers and other workers of recognized religions.
TN Visas - Work visas for Canadians and Mexicans under the NAFTA free trade agreement.