Work Visa
There are a number of visas available to nonimmigrant workers. Temporary
workers can work in the U.S. after a petition is submitted by the future
employer in the United States and is approved by the INS. H-1B Visas
(Specialty Occupations Workers) are the most widely used and are issued
to college-educated professionals (e.g. software programmers). On this
visa, they can work for a total of six years in the U.S. H-1C Visas
are for Registered Nurses, H-2A are for Agricultural Workers and H-2B
for Non Agricultural Workers, H-3 for Trainees. The L Visa is for Intra-Company
Transferees who are executives or managers of foreign-based companies
having an office in the U.S. Other visas providing for a right to work
are E (Treaty Trader/Investor), Q (Cultural Exchange Workers), P (Athletes,
Entertainment Groups, Artists), O (Aliens with Extraordinary Ability),
and TN (Mexican and Canadian Professionals under NAFTA Agreement).
H-1B Specialty Occupation
H-1B alien is employed temporarily in a specialty occupation or as
a fashion model of distinguished merit and ability. A specialty occupation
requires theoretical and practical knowledge along with at least a bachelor’s
degree or its equivalent. For example, architecture, engineering, mathematics,
physical sciences, social sciences, medicine and health, education,
business specialties, accounting, law, theology, and the arts are specialty
occupations.
Obtaining H-1B status requires three steps:
- approval by the DOL of a labor condition application (LCA)
- approval by the INS of an H-1B petition supported by the approved
LCA
- issuance by a U.S. consulate of an H-1B visa based on the approved
petition
Annual Limit on the Number of H-1B Aliens:
In 2003 the number of aliens who can be issued H-1B visa or H-1B status
will be 195,000, while in 2004 the number will revert to 65,000.
“L” Intracompany Transferees
The L-1 category applies to aliens who work for a
company with a parent, subsidiary, branch, or affiliate in the U.S.
These workers come to the U.S. as intracompany transferees
who are coming temporarily to perform services either
(i) in a managerial or executive capacity (L-1A) or
(ii) which entail specialized knowledge (L-1B) for
a parent, branch, subsidiary or affiliate of the same employer that
employed the professional abroad.
Note: The employer is not required to obtain
a labor certification prior to petitioning in this category. Compensation
level is not prescribed, but U.S. income must be sufficient to prevent
the alien from becoming a public charge.
L-1 is available only to applicant who:
(1) has been employed abroad continuously for one year during the last
three years,
(2) by a firm or corporation or other legal entity,
(3) in a managerial or executive capacity or a capacity that involves
specialized knowledge, and
(4) seeks admission to the U.S. to be employed in one of such capacities
by a qualifying organization that is a parent, branch, affiliate, or
subsidiary of the foreign employer.
Term: L-1A (managerial or executive transferee) is
limited to seven consecutive years, the L-1B to five consecutive years.
Employee is ineligible for L status again until "has resided and
been physically outside the United States, except for brief visits for
business or pleasure, for the immediate prior year."
“E” Treaty Traders and Investors
The E categories are designated for aliens engaged in international
trade or investment between the U.S. and the aliens’ countries
of nationality, provided the U.S. has an appropriate treaty relationship
with the foreign country.
Nationals of the following countries may petition for a Treaty
Trader visa: Argentina, Australia, Austria, Belgium, Bolivia,
Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Denmark, Estonia,
Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland,
Israel, Italy, Japan, Jordan, Korea, Latvia, Liberia, Luxembourg, Mexico,
Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Spain, Suriname,
Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.
Nationals of the following countries may petition for a Treaty
Investor visa: Argentina, Armenia, Australia, Austria, Bangladesh,
Belgium, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo
(Brazzaville), Congo, Dem. Rep. of the (Kinshasa), Costa Rica, Czech
Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany,
Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Kazakhstan, Japan,
Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova,
Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay,
Philippines, Poland, Romania, Senegal, Slovak Rep., Spain, Sri Lanka,
Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago,
Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.
Green Card
There are a number of basis on which a person may apply for a green
card (permanent residency). It can be an immediate family relationship
with US citizen or permanent resident or if an employer filed
an immigrant petition and got an approval. A U.S. employer
may obtain permanent residence ("green card") status for an
H-1B alien if the employer can demonstrate that it is unable to locate
a U.S. worker to fill the position. Persons with extraordinary
abilities (outstanding achievements in arts, business or science)
may petition for a green card on their own, without involvement of an
employer.
There may be other basis for adjustment of status.
