Professionals
H-1B Specialty Occupation Visa for
Professional Workers
The basic requirement for a H-1B
visa is a Bachelor’s degree
or its equivalent, and a job offer
which requires the degree. The visa
petition is filed by the U.S. employer
and the work authorization is specific
to the employer.
It is necessary to obtain an approved
labor condition attestation from
the Department of Labor prior to
filing the petition with the Immigration
Service. This is required to
ensure that the wages and working
conditions do not undermine those
for U.S. workers. The H-1B
visa may be approved for up to three
years, and it can be extended for
a total of six years. If an
application for permanent residency
is submitted at least one year prior
to the end of the sixth year, additional
yearly extensions may be granted.
Spouses and minor children are eligible
for H-4 dependent status, which does
not grant employment authorization.
Free-Trade Agreement H-1B1 Visas
The Free-Trade Agreement H-1B1 visa
is available to professionals from
Chile and Singapore. There are 1,400
H-1B1 visas for Chileans and 5,400
H-1B1 visas set aside for Singaporeans.
Free-Trade Agreement H-1B1 visas are
issued for 18 months and are renewable.
Spouses and minor children are eligible
for H-4 dependent status, which does
not grant employment authorization.
L-1 Intracompany Transferee Visa
The L-1 intracompany transferee
visa is available to managers,
executives and persons holding
specialized knowledge who own or
are employed by a business abroad.
If the company has a U.S. branch
office or affiliate, and they have
a common ownership relationship,
it is possible to obtain an L-1 intracompany
transferee visa. The maximum
period of admission for managers
and executives is seven years, with
a five-year limit for the specialized
knowledge category.
If the U.S. branch office is new,
the L-1 will be approved only for
one year. Extensions require
proof of employees and substantial
business activity. Large sales
revenue, as well as several layers
of employees, are key to securing
the extension. If the extension
is obtained, and the overseas company
continues to operate, it is usually
possible to apply for permanent resident
status as a first preference multinational
manager.
Spouses of L-1 visa holders are also
allowed to obtain work authorization.
TN NAFTA Visas
The North American Free Trade Agreement
provides for work visas for certain
Canadian and Mexican professionals
with U.S. job offers. The TN
visa is issued for three years and
can be renewed. Spouses and
minor children are eligible for TD
(Treaty Dependent) visas, which do
not allow employment authorization.
E-3 Visa for Australian Professionals
The E-3 visa is for Australian professionals
coming to the United States to perform
services in a specialty occupation,
i.e., an occupation that requires
a Bachelor's degree as a minimum
for entry into that occupation. The
H-1B regulations are used as a basis
to determine what constitutes a "specialty
occupation." The E-3
visa is issued in two-year increments
and may be renewed indefinitely.
The E-3 is limited to 10,500 visas
per year.
Spouses of E-3 visa holders are also
allowed to obtain work authorization.
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