Worker
H1B VISA & STATUS
The H1B visa classification permits a foreign national to work in the United States for a temporary period. It is available for offers of employment that are in a specialty occupation*. A person may hold H1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H1B status beyond six years in certain circumstances if s/he is in the process of applying for employment-based permanent residence (commonly referred to as the “green card”). H1B visas are numerically limited, with a total of 85,000 visas available each fiscal year (20,000 of these visas are restricted to individuals who have received master’s degrees or higher from U.S colleges or universities). This limitation is referred to as the H1B cap.
* The H1B visa is also available for offers of employment as a fashion model of distinguished merit and ability.
Requirements
- For a specialty occupation H1B petition, the employee must have a bachelor’s degree or equivalent experience.
- The employer for an H1B petition must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
- An employee who has previously received an H1B visa, or been granted H1B status is generally exempt from the numerical limitations.
- An employee who is presently employed in H1B status may utilize the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21) to transition their H1B to a different employer.
- The spouse and minor child/ren of an H1B employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.
How We Can Help You
The Global Solicitors Law Firm’s Non-immigrant Department is skilled in preparing H1B petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record in the demanding IT consulting field, for which the USCIS imposes particularly stringent requirements on H1B petitions. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities.
L-1 VISAS & STATUSES
The L-1 intra-company transferee classification is appropriate for the transfer of specified types of employees within multinational companies. This category permits a U.S. company to temporarily transfer certain employees from a properly affiliated foreign company. The employee must be offered employment in either an executive/managerial position or in a specialized knowledge position to qualify for this classification. Executive/managerial transferees are given the L1A designation. Specialized knowledge transferees are given the L1B designation. Large employers may be eligible to file blanket L-1 petitions with the USCIS, rather than filing individual petitions for each employee.
Requirements
- To be eligible to file an L-1 petition/s, a qualifying relationship must exist between the U.S. company and the foreign company. Qualifying relationships include parent company, branch, subsidiary, or affiliate.
- The transferred employee must have been employed by the foreign affiliate for at least one continuous year within the three years before coming to the United States.
How We Can Help You
- The Global Solicitors Law Firm can guide and represent employers in the preparation of individual and blanket L-1 petitions.
- Our attorneys can consult with companies considering or initiating the establishment of new offices in the United States about L-1 related planning for staffing a new office.
- We can provide representation and assistance in connection with L-1 visa applications at U.S. consulates.
- Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities within the L-1 category.
J-1 EXCHANGE
The J-1 non-immigrant visa classification is for exchange visitors who come to the United States to participate in an exchange visitor program administered by the U.S. Department of State. There are different programs within the J-1 category, including trainees, college or university students, secondary school students, professors and research scholars, short-term scholars, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors, au pairs, and summer work/travel students.
Requirements
Because J-1 visa classification incorporates a number of different categories of visitors, the specific requirements may differ. However, the requirements common to all programs are as follows:
- Ability to demonstrate that one has a residence in a foreign country that s/he has no intention of abandoning
- A Certificate of Eligibility for Exchange Visitor (Form DS-2019) obtained from the program sponsor
How We Can Help You
- The Global Solicitors Law Firm provides assistance and advice about J-1/J-2 visa applications to increase one’s chance of obtaining a visa at a consular post abroad, especially in case of previous denials and prior immigration status violations in the United States.
- Global Solicitors Law Firm attorneys offer advice on J-1 status maintenance and employment matters and assist with change of status applications. We also offer advice regarding the two-year home residency requirement (HRR) and waiver.
OTHER WORK VISAS & STATUSES
There are many types of work visas and statuses, each with requirements specific to the position, the sort of business the employer is in, the duration of employment, and more. Just a few of the non-immigrant visas/statuses are:
- The E-1 (treaty trader) and E-2 visas (treaty investor) allow nationals of countries having commercial treaties with the United States to engage in trade or business investment activities.
- The E-3 visa is reserved for Australian nationals who will be employed in a specialty occupation.
- The H2B visa allows for the entry of certain short-term, temporary workers.
- The O visa is for persons of extraordinary ability in the arts, sciences, education, business, or athletics.
- The P-1, P-2, and P-3 visas are for certain types of performers and athletes.
- The Q visa allows entry to persons participating in an international cultural exchange program designated by the USCIS, intended to provide foreign citizens with practical training in the United States while permitting them to introduce the culture, history, and traditions of their respective home countries to the United States.
- The R visa is for religious workers.
- The TN category is a potential option for citizens of Canada and Mexico who wish to work in the United States. There is no numerical limit or cap on the number of TN visas that may be issued. This category is for professionals, who are offered employment in a specific occupation listed in the North American Free Trade Agreement (NAFTA).
How We Can Help You
The Non-immigrant and Special Projects Departments of the Global Solicitors Law Firm are skilled in identifying the appropriate non-immigrant petitions for offered positions and employment situations. We can prepare petitions encompassing a wide variety of industries and occupations. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities.