There are a variety of employment visas available to individuals seeking to come to the United States to work. These visas can be temporary or permanent in nature. At The Law Offices of Grinberg & Segal, P.L.L.C., we strive to provide comprehensive legal services to those wishing to obtain employment visas. The following is a brief description of the types of employment visas our firm can assist you in obtaining:

 

While not technically an employment visa, the B-1 visa temporarily permits visitors from foreign countries to come to the United States for variety of legitimate business and economic activities. Although the B-1 visa is available to business visitors, it is important to remember that this visa does not authorize employment in the United States. Business visitors may attend meetings, conventions, conferences, short-term training, or negotiations on behalf of a foreign employer.  A B-1 visa may also be used by a foreign national ho needs to travel to the United States to settle an estate. However,performing productive work in the United States is strictly prohibited, and receiving payment from a United States entity is also generally prohibited.

 

The B-1 visa is granted for an initial period of one to six months depending upon the purpose of the trip. However, the B-1 visa can be extended for up to six months.Generally, the maximum amount of time a foreign national is permitted in B-1status on any one trip is one year.

The H-1B visa allows professionals to come to the United States temporarily to work in a field that requires a specialization or a special skill. In order to be granted an H-1B visa, the foreign national must have the at least the equivalent of a United States Bachelor’s degree in afield related to the intended employment, and the position that the foreign national is applying for must require at least a Bachelor’s degree or its equivalent. The sponsoring United States employer must be willing to pay the foreign national the prevailing wage, provide proper notice to its work force, not be involved in a strike or lockout, and file a petition on behalf of the foreign national with the Bureau of U.S. Citizenship &Immigration Services.

Specialty occupations can be found in a wide variety of fields, including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law,theology, and the arts may be considered to be specialty occupations. A“specialty occupation” is an occupation that requires a Bachelor’s degree in a specific field as a minimum requirement for entry into that occupation. A foreign national can hold the equivalent of a United States Bachelor’s degree in a related field through education in the United States or overseas, or through a combination of education and experience. However, foreign degrees must be evaluated by a professional evaluation service before the H-1B petition can be filed with the Bureau U.S. Citizenship & Immigration Services.

The H-1B status is granted for an initial period of up to three years. This status can be extended for another three years. The maximum amount of time a foreign national can remain in the United States in H-1B status is six years.Once the foreign national meets the six year cap, he or she must remain physically outside the United States for one whole year before he or she can return to the United States in either H-1B or L-1 status. However, in limited circumstances, the H-1B status can be extended beyond six year cap. It is important to remember that the H-1B visa allows the foreign national to work for the petitioning employer only. A foreign national can only change employers after a new employer has obtained an approved H-1B petition from the Bureau of U.S. Citizenship& Immigration Services. 

An H-1B worker’s spouse and unmarried dependent children under 21 years of age may accompany the H-1B worker to the United States. These spouses and children are granted H-4 classification, which allows them to attend school. Those individuals with H-4 status are not authorized to work unless they change status to some nonimmigrant classification that permits employment.

 

The H-2A visa permits a foreign national to enter the United States to work in agriculture. A foreign national cannot self-petition for an H-2A. The United States employer can be self-employed, a partnership, corporation, or agricultural association. The law also allows for an agent to apply on behalf of the United States employer.

 

Like an H-1B, the H-2A worker’s spouse and unmarried dependent children under 21 years of age may accompany the H-2B worker to the United States. These spouses and children are granted H-4classification, which allows them to attend school. Those individuals with H-4status are not authorized to work unless they are independently eligible for a work visa.

 

The H-2B visa permits business owners to hire foreign workers to perform seasonal, peak-load,intermittent, or one-time only work that is non-agricultural. These visas are for foreign non-professionals Business owners and employers must demonstrate that there are no unemployed United States workers willing or able to do the job. The foreign national must be sponsored by a United States employer. This employer must be willing to pay the foreign national the prevailing wage.

 

Like an H-2A, the H-2B worker’s spouse and unmarried dependent children under 21 years of age may accompany the H-2B worker to the United States. These spouses and children are granted H-4classification, which allows them to attend school. Those individuals with H-4status are not authorized to work unless they are independently eligible for awork visa.

 

The L visa allows foreign-based executives, managers, and employees with a specialized skill to be transferred temporarily to a division, branch, affiliate,subsidiary, or parent of an international company in the United States. This visa is also available to owners and/or employees of smaller businesses but,the transferring company must continue to do business overseas during the entire period of the foreign national's stay in the United States with L-1 status.In order to demonstrate eligibility, the company and the foreign national must satisfy the following criteria must be established: (1) the foreign national must be employed at the overseas company as a manager, executive, or employee with a specialized knowledge; (2) the foreign national must have been employed at the overseas company for at least one of the previous three years before the L visa application is filed with the Bureau of U.S. Immigration & Citizenship Services; (3) the petitioning United States company must be affiliated with the overseas company, as a division, branch, subsidiary, affiliate or joint venture partner; (4) the overseas company must continue to do business overseas for the duration of the foreign national’s L visa status; and (5) the foreign national employee must be coming to the United States company to work as a manager, executive, or specialized knowledge employee.

 

The L visa is very popular for many reasons. The L visa allows foreign nationals to legally live and work in the United States as well as travel in and out of the United States as long as the L visa valid. This visa also grants the foreign national’s spouse and children under the age of 21 L-2 visa status, which allows them to remain in the United States for the duration of L-1 visa holder’s status. A spouse in L-2 status may apply for work authorization. Children in L-2 status are allowed to attend school, but are currently not eligible for employment authorization.

 

The O visa is issued to foreign artists, athletes, entertainers, scientists, educators, and business people of extraordinary ability who wish to come to the United States to work temporarily in their specific field of achievement. To be considered a person of extraordinary ability, the foreign national should be recognized nationally or internationally for his or her achievements. The O-1Avisa is issued to scientists, business people, educators, or athletes while the O-1B visa is issued to visual, performing, and literary artists, such as musicians, writers, singers, actors, artists, directors, photographers etc. The O-2 visa is available for individuals who will assist an O-1, using critical skills or experience not of a general nature.

 

The O-1 visa status can be initially granted for a period of up to three years.This period varies depending upon the length of the employment event that requires the foreign national’s services.  The O-1 visa status can be extended, but extensions are typically granted in one-year increments only.

 

This visa also grants the foreign national’s spouse and children under the age of 21 to join the O-1 foreign national in the United States under O-3 visa status. Those with O-3 visa status may not work in the United States, but are allowed to attend school in the United States during the duration of their status.

 

The P-1 visa allows artists, circus entertainers, athletes, and entertainers who wish to temporarily perform or compete—either solo or on a team—in the United States at a specific event.  Exceptional athletes may apply for this visa in order to compete in the United States in an individual event, competition,or performance in which the athlete is internationally recognized with a high level of achievement. An athlete may also receive a P visa as part of a team coming to the United States to participate in team events in which the team must have achieved significant international recognition in the sport.

 

In addition, entertainment groups with an outstanding and sustained international reputation can be granted P-1 classification as a group. Unfortunately,individual entertainers within these cannot apply for P-1 visas to perform separate from the group. It is the reputation of the group as a whole and not individual achievement of its members or the acclaim of a particular production that is essential.

 

The P-2 visa allows artists and entertainers who are coming to the United States to participate in a reciprocal exchange program between an organization in the United States and an organization in another country. This visa allows a foreign national either individually or as part of a group. The P-3 visa allows artists and entertainers, whether individually or as part of a group, who wish to perform, develop,interpret, share, coach, represent, or teach their unique talents in a cultural program.

 

The R visa allows foreign religious workers who wish to come to the United States temporarily to work in a professional capacity for a religious organization or do other work for a religious organization. A person is considered a religious worker if he or she who continually engages in an activity that is related to a traditional religious function, such as ministers, rabbis, imams, priests, nuns, monks,cantors, liturgical workers, brothers, religious translators, missionaries,catechists, workers in religious hospitals, and religious broadcasters.

 

The spouse and/or unmarried children under 21 years of age of the foreign religious worker may be granted derivative status to enter the United States. However, they are not authorized to work while in the United States, but may attend school.

 

TN visas are available to skilled workers from Canada and Mexico under the North American Free Trade Agreement (NAFTA).  The TN visa allows Canadian and Mexican citizens to temporarily enter the United States to work in a NAFTA-approved occupation.  Canadian or Mexican nationals often seek TN visas to bypass caps on H1-B visas and other difficulties associated with obtaining an H1-B visa.

 

The TN visa can be granted for a period of one year and can be renewed annually if the Canadian or Mexican citizen can demonstrate the proposed stay continues to be of a temporary nature.

 

To be eligible for a TN visa, the Canadian or Mexican citizen must establish the following: (1) the profession is on the NAFTA list; (2)the foreign national possesses the necessary education or training for that profession; (3) the proposed position must be classified as a professional position; and (4) the foreign national must work for a United States employer.

 

The spouse and/or unmarried children under the age of 21 of the TN visa holder maybe granted derivative status to enter the United States and are eligible to remain in the United States for the duration of the TN visa holder's stay.

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