Work Visa USA & Immigration Lawyer Services
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To temporarily/Permanently work in the U.S., you will likely need a Work Visa USA. Watch the video to learn more about the process for obtaining a U.S. work visa.
Then, fill out our Immigration Assessment Form, and we will get back to you within 24 hours to discuss your eligibility and options.
Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.
Temporary & Permanent Work Visas
Work visa USA, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.
Temporary Worker Visa Categories
|Visa category||General description – About an individual in this category:|
|H-1B: Person in Specialty Occupation||To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.|
|H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore||To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)|
|H-2A: Temporary Agricultural Worker||For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.|
|H-2B: Temporary Non-agricultural Worker||For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.|
|H-3: Trainee or Special Education visitor||To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.|
|L: Intracompany Transferee||To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.|
|O: Individual with Extraordinary Ability or Achievement||For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.|
|P-1: Individual or Team Athlete, or Member of an Entertainment Group||To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.|
|P-2: Artist or Entertainer (Individual or Group)||For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.|
|P-3: Artist or Entertainer (Individual or Group)||To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.|
|Q-1: Participant in an International Cultural Exchange Program||For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.|
A.) US L-1A Visa and L-1B Visas
The United States L-1 visa is a non-immigrant visa which allows overseas companies to transfer executives and managers and specialized knowledge employees to a new or existing US office for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of the US Company outside of the US for at least one year out of the last three years. This can be an excellent way for businesses to expand into the US with a minimal investment. Work visa usa.
The requirements for employment based immigration (permanent residence) under the EB1-C immigrant scheme are similar to the requirements for the L-1A Executive and Manager Visa category. Many overseas executives and managers come under the L-1A visa scheme first and then apply at a later date for EB1-C which is one of the best ways of gaining an immigrant visa (green card).
Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years. There are two types of employees who may be sponsored for USA L-1 visas:
L-1A Executives and Managers:
The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L-1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.
L-1B Specialized Knowledge Staff:
This category covers those with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures. Staffs in this category are issued an L-1B visa, initially for three years extendable to a maximum of five years. On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status. If you would like to apply for an L-1 visa through uscispassportsvisa.com, please Contact us now at email@example.com
B.) US B-1 in lieu of H-1B visa
B-1 in lieu of H-1B Visa faster alternative to the US L-1 and H-1B visa. It is usually, expensive and difficult to obtain non-immigrant temporary work visas such as the H-1B visa for graduate level staff or intra-company transfer visas such as the L-1A visa for managers and executives or L-1B visa for specialized knowledge employees. The B1 in lieu of H1B visa grants entry usually for multiple entries for up to a year for a short term work need in the US. Usually the work is done based on a contract between the US Company and the overseas business. The US Company could be in the same group of companies as the overseas company.
The H-1B visa is oversubscribed about three times over in the beginning of April each year to start in October in the same year. Therefore the likelihood of success is low. The L-1A or L-1B visa requires the applicant to have worked for the overseas business for at least one year in the last three years. The overseas business must have a subsidiary, parent, branch or affiliate office in the US. It is frequently not possible to meet these requirements.
B-1 in lieu of H-1B Visa Requirements
- The work to be undertaken in the US must be H1B level – i.e. the skilled worker must be engaged in a ‘specialty occupation’ in graduate level work usually requiring at least a bachelor’s degree or equivalent;
- The worker will usually need to be a permanent employee of the non US business and must continue to be paid by the employer outside the US while in the US on a B-1 in lieu of H-1B visa;
- The worker most remains on the payroll of the overseas business. The worker may receive no compensation other than an expense allowance from a US source;
- The graduate level worker must have at least a bachelor’s degree. Ideally the bachelor’s degree should be relevant to the services to be provided – in some circumstances work experience and other qualifications may be considered to be equivalent to a degree.
B-1 in lieu of H-1B Visa Documentation Requirements (Work Visa USA):
The B-1 in lieu of H-1B visa can usually be obtained within a few weeks, and requires considerably more supporting documentation compared to a normal B-1 business visitor visa. Periods of admission and extension are usually the same as for the standard B-1 business visitor visa (i.e. generally 6 months). Typical documentation for a B-1 in lieu of H-1B visa application include copy of bachelor’s degree for the applicant, rental agreement for the applicant, company accounts, payroll records, curriculum vitae, bank statements, contract with the US business, etc.
B-1 in lieu of H-1B Procedures on entry to the US
It should be noted that in rare circumstances, holders of this visa encounters problems when trying to enter the US. This is because while it is issued by a US Consulate or Embassy, some US Citizenship and Immigration Services (USCIS) visa officers may not appreciate that the B-1 in lieu of H-1B visa is different to the B-1 business visitor visa. It is advisable to have full documentation relating to the visa application available on entry to the US. For more information and advice on US immigration law and US visa applications please contact us on firstname.lastname@example.org
c.) US H-1B visa for specialty workers
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelor’s degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelor’s degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US. However, because of the lack of available visas employers frequently have to look at applying for other visa categories such as the L-1B for specialized workers, L-1A for managers and executives, E-2 Treaty Investor visa, E-1 Treaty Trader visa, E-3 for Australians etc. Please note that individuals cannot apply directly for an H-1B visa. Instead the employer must petition for entry of the employee.
D.) US H-2B visa for temporary non-agricultural workers
From ski resort workers in Colorado to amusement park employees in Florida, 66,000 temporary workers come to the US every year on H-2B visas. The H-2B allows US employers to hire migrant workers to fill temporary non-agricultural roles in the US.
The H-2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means one of the following:
- Recurring seasonal need: work that is regularly tied to a season, such as amusement park work in the summer, or ski resort work in the winter.
- Intermittent need: work for which the employer has not employed full time staff, and occasionally needs temporary workers.
- Peak-load need: work during busy periods for which the employer needs temporary staff in addition to their permanent employees.
- One time occurrence: work needed during a short, one time period of need.
The employer must also prove that:
- There are no unemployed US workers willing or able to do the work. This is established through the state’s employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.
- Employing a worker on an H-2B visa will not negatively affect the pay or conditions of US workers
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