Visa Terminal
By
Immigration Work Visas
Skilled workers (H-1B)
H-1B category applies to foreign nationals who are temporarily to provide services in a specialty occupation or as a model of merit and ability to distinguish. The H-1B category applies to an alien coming temporarily to provide services in a specialty occupation that requires theoretical and practical application of highly specialized knowledge requiring a specific training course higher education. This usually means that the occupation must require at least a United States bachelor's degree or higher as a minimum requirement.
The first step to hiring most H-1B workers from outside the United States for the employer to present a paper condition application (LCA) with the Department of Labor ("DOL"). Work authorization for H-1B foreign specialty is a specific employer (ie, limited to approved employment with the employer or petitioner). A change of employer requires a new H-1B petition, in some circumstances, a non-immigrant visa was issued previously H1-B or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a new petition for H-1B worker. Multiple employers require multiple H-1B petitions. The employer is responsible for return transportation for an employee fired before the end of the approval period employment. Unlike some types of visas, foreign workers H-1B specialty are not required to maintain a foreign residence and may seek permanent residence in the United States. Dependents (spouses and unmarried children under twenty-one (21) years of age) of H-1B workers are entitled to H-4 with the same restrictions as the principal. Dependents can not be employed under the H-4. Each petition may only include one worker.
Nurses (H-1Cs)
The H-1C category applies to an alien coming temporarily to serve as a registered nurse in an area of health professional shortage determined by the Department of Labor United States. Unfortunately, only 500 nurses can be granted H-1C in a fiscal year at the national level and, therefore, is not a visa widely used. There are also numerical limitations for each state depending on the status of the population. The limit for states with populations over 9 million is 50 per fiscal year. The limit states with a population of 9 million or less is 25 per fiscal year.
Very temporary labor abroad (H-2B)
U.S. employers can require workers skilled or unskilled foreign nationals to meet temporary or seasonal jobs for those who have benefited from the workers are not available. There is currently an annual cap of 66,000 H-2B visas, non-agricultural workers.
The first step to hiring an H-2 worker from outside the United States is for the employer to request a temporary labor certification with the Department of Labour. These certificates are designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect employment opportunities, wages or working conditions of U.S. workers. Dependents (spouses and unmarried children under twenty-one (21) years of age) of H-2 workers are entitled to H-4 with the same restrictions as the principal. Dependents can not be employed under the H-4. After the DOL issues the certification, the employer You can then file a petition with the INS. Under certain circumstances, an employer may include more workers in the same request.
National Foreign students (H-3)
H-3 classification applies to foreign nationals coming temporarily to the United States to participate in a program training. There is general H-3, and those who come for special education training. There are currently no annual cap on H-3 for admission to the United States.
Transferees between air (L-1)
The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch or subsidiary in the United States. These workers come to the U.S. and transfer between companies coming temporarily to perform services either as manager or executive (L-1A) or which entail specialized knowledge (L-1B) for a parent, subsidiary, branch or subsidiary of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full time basis for at least one (1) continuous years out of the last three years (3) to qualify. Currently there is no annual limit L-1 visas.
Aliens with extraordinary ability (Os)
The O category is reserved for aliens with extraordinary ability in sciences, arts, education, business or athletics (O-1) of the artist or of athlete support staff (O-2) and O-1 of the spouse and / or son (s) (O-3). To qualify, the alien must be coming to the United States to work in your area of extraordinary ability or achievement. Currently there is no annual limit entry-exit visas.
Athletes, entertainment groups, artists (Ps)
Athlete P-1 – The P-1 classification applies to an alien coming temporarily to the United States to act in a sporting competition as an athlete individually, or as part of a group or equipment, an internationally recognized level of performance.
P-1 Entertainment Group – P-1 classification also applies to an alien coming temporarily to carry out as a member of a group of foreign-based entertainment has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (usually at least one (1) year) and / or provide functions integral to the performance the group.
P-2 classification Art Exchange – The P-2 applies to an alien coming temporarily to perform as an artist or entertainer individually or as part of a group that carried out under a reciprocal exchange program between an organization in the United States and one organization from another country.
P-3 Culturally Unique Artists – P-3 classification applies to foreign nationals coming temporarily to perform, teach, or coach as artists or entertainers, individually or as part of a group under a culturally unique program.
Participants at the International Cultural Exchange Program (Q-1)
The Q-1 classification applies to participants in an international cultural exchange program recognized by the Attorney General for the purpose of providing practical training, employment, and to share history, culture and traditions of the national origin of foreign countries.
Employment in Canada and Mexico professionals under NAFTA (TN)
The TN classification applies to a Canadian or Mexican citizen seeking admission as a "professional" temporarily under the North American Free Trade Agreement ("NAFTA"). TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the required credentials.
Our office has assisted many employers and employees with various immigration matters. Please contact us with any questions you may have about choosing the right visa.
About the Author
Vincent P. Martin heads the Immigration Practice Group at Cundy and Martin, LLC, in Bloomington, MN. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and stop deportation.
www.cundyandmartin.com
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