Employment Based Temporary Visas
Durkin & Puri assists our clients in obtaining a wide array of employment-based non-immigrant visas that allow people to work or receive training in the United States on a temporary basis. These visas are quite specialized and only give you permission to perform a certain, limited range of activities or functions while you are in the United States. The length of time you are permitted to remain in this country varies depending on the type of non-immigrant status you have.
The majority of temporary, non-immigrant visas require that you prove your intent to return to your native country. However, certain non-immigrant visas such as the H-1B allow you to have "dual intent" which allows you to begin working towards lawful permanent resident (green card) status while in a non-immigrant status.
Here is a very quick review of some of the more popular types of non-immigrant visas:
E-1 For nationals of countries with which the U.S. has entered into a Trade Treaty. Business people from a treaty country can apply for E-1 status if they plan to engage in, or work for a company that engages in, substantial trade with the U.S. To qualify, at least 50% of the ownership of company must be held by a national of the treaty country. Also, the majority of the company's trade must be with the United States and the amount of that trade must be substantial. The beneficiary must be an executive, supervisor, or a person whose skills are essential to the organization.
E-2 For investors from countries which are party to an Investor Treaty with the U.S. The company in the U.S. where you will work must be owned at least 50% by yourself or other nationals from your home country. To qualify, you must be the owner (who directs and controls the business) or a vital employee of the U.S. business. You or the company must have made a substantial, at-risk investment in the United States business and the company must be actively engaged in business.
H-1B The most common and sought-after temporary work visa, the H-1B is available to foreign nationals who will be employed in a specialty occupation requiring at least a bachelor's degree for entry into the position. The applicant's bachelor's degree must be in a field that is reasonably related to the position.
TN This status is for NAFTA professionals from Canada or Mexico who practice certain, specified professional occupations and who have a job offer from a U.S. employer.
L-1 Available to intracompany transferees to work in positions as multinational managers or executives (L-1A) or to work in a position requiring specialized knowledge (L-1B). To initially receive this designation, beneficiaries must have been employed outside the U.S. for at least one of the past three years by a foreign company that is a parent, branch, subsidiary or affiliate of the U.S. employer.
O-1 The O-1 visa is for persons of proven extraordinary ability in the sciences, arts, education, business, or athletics.
If you are deciding whether to apply for a non-immigrant visa, it is important to speak with an immigration attorney who can help you to assess which of these visa categories might work for you and to explain in greater detail the many specific requirements of each visa category.
For more information or to schedule a consultation with Durkin & Puri contact us.