THE H-1B NONIMMIGRANT VISA
SPECIALTY OCCUPATION WORKERS The popular H-1B visa is an employer-specific visa which allows U.S. companies to hire degreed foreign professionals. Employees holding H-1B status may work in the U.S. for an initial period of three years, renewable for a maximum of six years total. It is possible to apply for permanent residence while in the U.S. on H-1B status (dual intent is permitted). Dependent family members of H-1B visa holders can be admitted in the H-4 visa category, but may not engage in employment in the U.S. The H-1B visa requires that a sponsoring U.S. company make certain attestations to the Department of Labor (for instance, that the foreign employee will be paid within a range of the prevailing wage for that occupation in the employer's specific geographical area) in the form of a Labor Condition Application. A petition is subsequently filed with Immigration. The sponsored position must be professional in nature (require at least a bachelor's degree to perform) and the individual must hold a degree or its equivalent in a field relevant to the position. The number of H-1B visas is limited per fiscal year. Because of the popularity of this visa, the "visa cap" is often reached fairly early in the fiscal year, resulting in backlogs. THE L-1 NONIMMIGRANT VISA
INTRA-COMPANY TRANSFEREES The L-1 nonimmigrant visa category allows international organizations to bring foreign employees to the United States. The L-1A category is reserved for executives and managers, while the L-1B classification is for workers with specialized knowledge. Employees on L visas may stay in the United States for an initial period of three years, renewable up to a maximum of either five (L-1B) or seven (L-1A) years total. It is possible to apply for permanent residence while in the U.S. on L-1 status (dual intent is permitted). To qualify for an L-1 visa, the employee must have worked abroad for the foreign employer for an uninterrupted period of one year within the preceding three years in an executive/managerial or specialized knowledge capacity and must be coming to the U.S. to fill an executive/managerial or specialized knowledge position. The person must be qualified for the position in the U.S. by virtue of his/her experience abroad. The foreign company must be related to the U.S. company in a specific manner defined by law (such as a parent, subsidiary, or affiliate), and the U.S. company must be a qualifying organization under the law-one that is doing business in the U.S. and another country during the entire period of the transfer. Dependent family members of L-1 visa-holders can be admitted in the L-2 visa category, but may engage in employment in the U.S. only if they apply for employment authorization separately. TRADE NAFTA (TN)
The TN visa category allows certain citizens of Canada and Mexico to enter and work in the U.S. under the North American Free Trade Agreement. For qualified Canadian citizens, processing can be accomplished directly at the border. The status may be approved in either one-year or three-year increments and there is no maximum time period, although this category may be problematic for those ultimately intending to apply for permanent residency. Please call our office for more information on this visa classification. Dependent family members of TN visa-holders can be admitted in the TD visa category, but may not engage in employment in the U.S. OTHER CLASSIFICATIONS There are many other nonimmigrant visa classifications which have not been summarized here. Please call our office for assistance. The categories described on this Web site have been briefly summarized for quick reference and are not intended to be comprehensive guidelines.
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