While their are many employment-based non-immigrant visas available, the following are the most commonly utilized when entering the United States for a temporary period of time:
Petitioning For a Non-immigrant Employee
Employers wishing to employ an individual using a non-immigrant visa, must first obtain approval from United Stats Citizenship and Immigration Service (USCIS). Approval is obtained through a petition process in which the employer petitions USCIS for permission to employ the prospective non-immigrant employee.
The petition process generally requires the employer to disclose information regarding the employer's business and financials, as well as a description of the position to be filled by the prospective non-immigrant employee. The employer is also required to submit the prospective employee's credentials to verify that he or she is qualified to meet the requirements of the particular employment-based visa category.
Specialty Occupation (H-1B)
The H-1B Visa is reserved for individuals classified as being members of a specialty occupation, entering the United States to work within that occupation. Specialty occupations are generally described as occupations requiring the attainment of at least a U.S. Bachelor's degree or its foreign equivalent from an institute of higher education.
To qualify for an H-1B Visa, the employer must show that the position to be filled by the prospective employee is one which normally would require someone with a skill set equal to that of a specialty occupation as defined above. Furthermore, the employer must prove that it is willing and able to pay a salary at least equal to that of someone in a similar position and in a similar geographic location within the United States.
There is an annual cap of 65,000 on the number of H-1B Visas that will be awarded each year. Once this cap is reached, a prospective H-1B employer and employee will have to wait until the next fiscal year (April 1) to apply. While it is impossible to predict how quickly the cap will be met, recent years have shown that there is an increasing demand for this visa category. It is highly likely that the cap will be met within a week or less of the April 1st opening. For this reason, it is advised that all H-1B applications be completed and ready for submission prior to cap opening so that they reach USCIS on the April 1st opening. Applications received by USCIS prior to April 1st will not be accepted.
Treaty Trader (E-1)
The E-1 Treaty Trader classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of an E-1 visa holder may also qualify for this classification
For more information on obtaining an E-1 Visa classification please go to the "Immigration Through Investment" tab to your left.
Treaty Investor (E-2)
The E-2 Treaty Investor classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States for the purposes of investing a substantial amount of capital in a U.S. enterprise. 'Investment' can mean investing in an existing business or opening a new business. Certain employees of the E-2 visa holder may also qualify for this classification.
For more information on obtaining an E-2 Visa classification please go to the "Immigration Through Investment" tab to your left.
Intra-company Transferee (L)
L-1A Intracompany Transferee Executive or Manager
The L-1A Visa classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States for the purpose of establishing such an office.
L-1B Intracompany Transferee Specialized Knowledge
The L-1B Visa classification allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization's interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States for the purpose of assisting with the establishment of such an office.
Religious Worker (R-1)
The R-1 Religious Worker classification is available to members of a recognized religious group seeking to temporarily enter the United States for the purposes of working in a religious capacity. To be eligible, the employing religious organization must be a legitimate non-profit organization as defined by U.S. tax law and the employee must have been a member of that organization for at least 2 years prior to application.
Individual With Extraordinary Ability (O)
The O-1 visa classification is available to individuals who have demonstrated extraordinary ability or talent to the point of being nationally or internationally recognized in their field.
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