A. E-1 Treaty Trader Visa

Certain foreign nationals who engage in international trade with the United States may qualify for E-1 treaty trader visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the trader’s international trade (i.e. at least 50% of the Trader’s exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient.

B. E-2 Treaty Investor Visa

Foreign investors, including small startups and large multinational companies alike, and their key employees may qualify for the E2 treaty investor visa. The investment must be in an active commercial entity and could be established by either purchasing an existing or setting up a brand new business. The investment must be irrevocably committed (must be put at risk), substantial (must meet a proportionality test when compared to the total business value) and also non-marginal (investment revenues must be sufficient). There is no preset required minimum investment amount for a successful E-2 visa application. The actual investment amount depends on the specific nature of the investment.

C. E-3 Specialty Occupation Visa for Australia Nationals

The E-3 classification apply only to nationals of Australia who are have a job offer from a U.S. company to work in a specialty occupation, e.g. an occupation that requires theoretical and practical application of a body of knowledge in the professions and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

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A. H-1B Specialty Occupation

Specialty occupation means a position that:

1) typically requires a bachelor’s or higher degree as the minimum entry requirement
2) the degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
3) the employer usually requires a degree or its equivalent for the position
4) the job is so specialized or complex that the knowledge required to perform the job is usually associated with the attainment of a bachelor’s or higher degree.

To qualify for H-1B classification, the foreign worker must hold a bachelor’s or higher degree (or a foreign equivalent degree) or possess a certain level of education, training, and/or progressively responsible experience in his or her specialty that is equivalent to the completion of such a degree. Businesses wishing to employ H-1B workers must additionally obtain an approved Labor Condition Application from the U.S. Department of Labor and commit to meet certain wage, working condition, posting, and public disclosure requirements. In certain situations, employers may also be required to offer to pay the return transportation for H-1B worker to his or her home country.

➔ H-1B workers are usually admitted for a period of up to three years and their status may be extended for up to six years. In certain situations, the H-1B worker’s status may be extended beyond six years if there is a permanent residence case on file. Certain H-1B position are subject to an annual numerical “cap” of 65,000. There is an additional 20,000 H-1B numbers specifically reserved for foreign national who have a U.S. master’s degree or higher. However, not all H-1B workers are subject to this numerical limitation. For example, H-1B employees who are currently in H-1B status and who are switching employers but remain in H-1B status are exempt from the cap. Also, H-1B workers who will be employed at an institution of higher education, or an affiliated nonprofit research organization, or a government research organization, are not subject to this numerical cap.

B. H-1B2 U.S. Department of Defense Research and Development Worker

This classification is for workers who are engage in cooperative research and development project or a co-production project under a government-to-government agreement administered by the U.S. Department of Defense. The position must also require a bachelor’s or higher degree or its equivalent to perform the job duties. The U.S. employer is not required to submit a Labor Condition Application with the U.S. Department of Labor for this visa type.

C. H-1B3 Fashion Model

Unlike the typical H-1B worker, H-1B3 fashion modes are not required to possess a bachelor’s degree or its equivalent. However, the worker must be a fashion model of distinguished merit and ability and the job position must require a fashion model of prominence. The U.S. employer must obtain an approved Labor Condition Application to petition for fashion models.

What a Former Client has to say about our help with their H-1B Visa

Review by: Anton

Reviewing: Saev Hernandez Immigration Practice, PLLC’s Legal Services

Date published: 11-1-2014

Rating: ★★★★★ 5 / 5 stars

To see the full review, and others like it, visit Milen Saev’s Avvo page.

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A. AuPair

Foreign nationals, ages 18 to 26, may come to the United State to live with host families and provide them with childcare services. This is a mutually rewarding experience for both parties since since the foreign national gets to experience the American way of life while host families receive reliable and responsible childcare services from individuals who become a part of the family.

B. Camp Counselor

Post-secondary students, youth workers, and teachers may apply for J-1 visa to work as camp counselors and share their cultural perspective with our youth.

C. Interns and Trainees

Internship and trainee programs are for foreign students or recent graduates to come to the United States to gain exposure to U.S. culture and receive hands-on experience in U.S. business practices in their particular field.

D. Summer work and travel

College students travel to the United States during their summer break periods to share their culture through temporary work and travel opportunities.

E. Teachers

Foreign teachers may apply for J-1 visas to teach at accredited primary and secondary schools in the United States.

F. Professors and Research Scholars

Professors and research scholars come to the United States to lecture, consult, and perform research at various research institution, post-secondary accredited academic institutions or similar types of institutions.

G. College and University Students

Foreign students may also apply for J-1 visas to study at U.S. colleges and universities, or participate in internship programs that provide them with training needed to complete the educational requirements at their home countries.

H. Foreign Medical Graduates

Foreign medical graduates and physicians may participate in U.S. graduate medical education and training programs at accredited U.S. medical schools. // Some J-1 applicants may become subject to a mandatory two year home residence requirement. This requirement applies to all foreign medical graduates, as well as to applicants whose programs were funded either completely or partially with U.S. or home country government funding, or are nationals or permanent residents of a country which has determined the field of specialized knowledge or skill to be necessary to the development of the country. The specific fields, as applicable to different nationalities, are displayed in the U.S. Department of State’s Exchange Visitor Skills List. J-1 visa holders who are subject to the two year home residence requirement are not allowed to change their status to H-1B or L-1 visa categories, obtain U.S. permanent residence or apply for fiancee visa until they have either fulfilled the required or have obtained a waiver. // The U.S. government may waive the J-1 two year home residence requirement in certain situations:

A. No Objection Statement
J-1 visa holders may obtain an official statement from their home countries, in essence saying that the home country does not object if the foreign national does not return home for two years to share the training he or she has received in the U.S.

B. Persecution
Individuals who fear persecution upon returning to their home countries based on their race, religion, or political opinion may apply for a persecution waiver. It is worth noting, however, that the burden of proof in such cases is higher than even with asylum applications, where applicants need only prove a “reasonable fear” of persecution whereas J-1 waiver applicants must document they would persecuted upon return with near certainty.

C.Exceptional Hardship to Qualifying Relatives
J-1 visa holders who have U.S. citizen or permanent resident spouses or children may apply for a waiver of the two year home residence requirement if returning to their home countries would impose exceptional hardship on the relatives.

D.Interested Government Agency or State Public Health Department
J-1 foreign medical graduate who have committed to work for full three years at a health care facility in an area that has been designated as having a shortage of doctors or at an interested federal government agency such as the Department of Veterans affairs may also be granted a waiver of the two year home residence requirement.

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A U.S. employer willing to employ an L-1 worker must have a certain qualifying relationship with a foreign business entity that it the parent, branch, subsidiary, or affiliate of the U.S. company. The employer must also actively engage (or document that it will engage if a new U.S. company) in the regular, systematic, and continuous provision of goods and/or services in the United States and at least one foreign country.

Foreign employers or business owners who wish to send a specialist or a manager/executive to open a new office and establish business presence in the United States must show that there are enough business premises for the new office, depending on the nature of the business, the new U.S. office will have the capacity to support either an executive or managerial position within one year of the approval of the case, and it will have sufficient financial capacity to compensate the employee and to be a viable business.

Large multinational companies may also apply for “preapproval” of the requisite corporate relationship by submitting L Blanket petitions. The foreign national must still qualify individually but the process substantially expedited by pre-approving the corporate relationship. L blanket petitions are typically for established multinational companies with at least three foreign affiliates, subsidiaries, or branches and have either obtained 10 L-1 approvals during the previous twelve month period or have combined annual sales of at least 25 million or have at least 1,000 employees in the United States.

A. L-1A Managers and Executives

L-1A employees must have worked with a qualifying company abroad for at least one out of the preceding three years either in a managerial/executive or specialist capacity, and their offered position in the United States must be either in an executive or managerial nature. Under U.S immigration laws, executives are defined as top company employees who generally have direct oversight powers over establishing and implementing corporate policies and also have wide latitude of decision making authority. Managers typically possess the authority to supervise the work of subordinate professional employees and to manage a department, subdivision, or even an essential function of the organization at a high level, without direct supervision of others.

B. L-1B Specialized Knowledge Workers

L-1B specialized knowledge workers must have been employed with a qualifying company abroad for at least one out of the preceding three years either in a managerial/executive or specialist capacity, and they must be employed in the United States in a specialized knowledge capacity. Specialized knowledge is defined as either possessing special knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or having an advanced level of knowledge or expertise in the organization’s processes and procedures. Companies who intend to place L-1B specialist workers at unaffiliated third party sites are also required to demonstrate that they will to continue to control and supervise the worker.

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Individuals who are applying for O-1 classification must submit evidence that they have either received a one-time major, internationally-recognized award, such as the Nobel Prize, or that they meet at least three alternative criteria such as receiving lesser awards, enjoying significant recognition among one peers, and published material about the worker, to name a few. O-1 petitions typically require a written advisory opinion (consultation letter) from a recognized peer group or an individual with expertise in the beneficiary’s area of ability. Some O-1 petitions also require a contract between the U.S. petitioner and the worker, including a projected itinerary. O-1 workers are initially admitted for up to three years and may renew their status in one year increments.

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A. P-1A Internationally Recognized Athlete

Individual athletes are eligible for P-1A visas if they are coming to participate in individual events, in which they are internationally recognized with a high level of achievement as evidenced by a degree of skill and recognition substantially above that ordinarily encountered in the field. Athletic team members are also eligible for P-1A visas if they are coming to the United States to participate in team events and have achieved significant international recognition. Individuals applying for P-1A classification must submit a written advisory option (consultation letter) from an appropriate labor organization, a contract with a major U.S. sports league, team or an individual contract, projected itinerary, and evidence of international level of achievement.

B. P-1B Internationally Recognized Entertainment Group Member

Members of internationally recognized entertainment groups may apply for P-1B visas. The entertainment group must have been recognized internationally as outstanding in their field for a sustained period of time. With certain exceptions, at least 75 percent of the group members must also have had a substantial and sustained relationship with the group for at least one year. P-1B visa cases require a written advisory option (consultation letter) from an appropriate labor organization, a contract between the U.S. petitioner and the foreign group members, projected itinerary, evidence that the group has been performing for at least one year and evidence of internationally recognized level of achievement.

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