Aware Of Us Temporary Professional Work Visa Types?

By Author: Nancy Mervin
Total Articles: 56
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Applicants for temporary employment of foreign professionals may qualify for other visa categories too including TN visa category. Since these categories offer more flexibility in the type of job that can be performed as well as Green Card sponsorship for the foreign national employers may want to consider these. Workers who either don’t qualify for TN visas since they are not Canadian or Mexican citizens or their professional is not on the NAFTA list can opt for alternate visa categories. E-1, E-2, H-1B, L-1A, L-1B, and O-1 are the other visa categories appropriate for professional workers.

1.E-1: Citizens of a country with which the U.S. has a treaty of friendship, commerce, or navigation, and who is coming to the U.S. to engage in substantial trade between the U.S. and the foreign national’s country of nationality, can make use of this work visa type. When the trading activities with the U.S. comprise more than 50% of total business volume in the U.S. and that there is a continued course of international trade it means there is substantial trade. The U.S. consulate website provides information ...
... about the qualifying countries.

2.E-2: Citizens of a country with which the U.S. has a bilateral investment treaty or agreement, who is coming to the U.S. to direct and develop the operations of an enterprise in which he or she has invested or is in the process of investing substantially, can make use of the E-2 work visa type. The one in which personal funds or assets are put at risk in a real operating enterprise, which generates services or goods qualifies for a substantial investment. The U.S. consulate website provides information about the qualifying countries.

3.H-1B: Qualified specialty foreign nationals coming to the U.S. to work in specialty occupations can use H-1B work visa. Job requiring a bachelor’s degree or equivalent is a specialty occupation. Prevailing wage rates in the market must be paid by H-1B employers for the job after getting approved by the Department of Labor before an H-1B petition can be filed using INS Forms with the USCIS. Being a more general visa category for professional workers it has historically been in high demand, with visa numbers, annual limit being 65,000, running out long before the end of the year.

4.L-1A and L-1B: The L-1 visa for intra-company Transferees can be used by overseas companies that have or wish to establish U.S. offices that may need to transfer executive, managerial, or specialized personnel to the U.S and enable these key employees to be posted temporarily at the U.S. parent, subsidiary, affiliate, or branch office. The foreign professional must have worked for the company, within the three years prior to coming to the U.S, for at least one (1) year in an executive or managerial position, or a position requiring specialized knowledge and continue in one of the three positions in U.S. A parent/subsidiary like qualifying relationship must exist between the U.S. and foreign in order to qualify to sponsor an intra-company employee in this category.

5.O-1: The extraordinary ability in the education, sciences, arts, business, or athletics field possessed by foreign nationals and who are coming temporarily to the U.S. to continue work in their area of extraordinary ability can make use of the O-1 work visa. A high level of expertise achieved by the foreign national such that he or she is one of a small percentage at the top of his or her field qualifies for this visa. Substantially above the normal degree of skill and recognition is expected from artists and entertainers. Evidence of sustained national or international acclaim must be demonstrated by an O-1 applicant.

The workers with E-1, E-2, H-1B, L-1A, L-1B, and O-1 work visas can be sponsored through employer for green card and so they can further file for adjustment of status when the visa becomes available.