COMMON NON-IMMIGRANT / TEMPORARY VISAS

H1-B

The most common work visa that professional workers need is the H-1B visa. The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a Non-Immigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. The H-1B program requires a sponsoring employer; an individual cannot gain H-1B status on his/her own. A specialty occupation generally requires a minimum of a Bachelor’s degree or its equivalent in the intended field of employment (e.g., sciences, medicine and healthcare, education, biotechnology, and business specialties, etc.). Current laws limit the number of foreign workers who may be issued an H-1B visa or otherwise be provided H-1B status to 65,000 annually. An exemption from the H-1B cap is available for 20,000 petitions filed for foreign workers who have obtained a U.S. master’s degree or higher (commonly known as the “advanced degree exemption”). Institutions of higher learning and their affiliated nonprofit organizations are exempt from the numerical limitation.

A foreign worker can be in H-1B status for a maximum continuous period of six years. H-1B Non-Immigrant status is generally issued in three year increments. At the end of six years, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. Certain foreign workers with labor certification applications or immigrant visa petitions in process for extended periods may remain in H-1B status in one-year increments beyond the normal six-year limitation. For more information on extended stay possibilities, please contact our office today.

R VISA

Individuals coming to the United States to temporarily serve as a Minister of Religion, or fulfill a Traditional Religious Occupation or Religious Vocation may apply for and R-1 visa. This visa is intended for those who have dedicated their lives to religious practice and functions.

To qualify, the foreign national must have been a member of a religious denomination for at least two years immediately before the filing of the petition. The Religious denomination must be a bona fide non-profit religious organization in the United States.

O VISA

The O-1 Non-Immigrant visa is available to the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

O-1A: is available to individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
O-1B: is available to individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2: is available to individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
O-3: individuals who are the spouse or children of O-1’s and O-2’s

Qualifications:

The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction, that is, a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

TN VISA

The TN Non-Immigrant classification permits qualified citizens of Canada and Mexico temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN Non-Immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN Non-Immigrant status if:

You are a citizen of Canada or Mexico.
Your profession qualifies under the regulations.
The position in the United States requires a NAFTA professional.
You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below)
You have the qualifications for the profession.