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H-1B --
Professional Worker
The popular
H-1B visa is for
foreign professionals coming temporarily to work in the United
States. The foreign professional must not only have a
bachelor's degree or its equivalent, but also the position which he
is seeking to fill must be one in which his degree is typically
required (i.e., it must be a professional position).
The petitioning process requires
that the employer file an attestation with the U.S. Department of
Labor (DOL) pledging to (1) pay the H-1B worker the higher of the
prevailing wage or actual wage at the workplace; (2) give notice to
U.S. workers similarly employed; (3) promise that no labor unrest or
strike exists in the position; and (4) promise to pay the foreign
national's return transportation home should he or she be fired
within the validity period of the visa.
Due
to the popularity of these visas, the numerical annual limit has
been exhausted more rapidly with every passing year.
An H-1B visa can be extended once
for a second three year period, for a total of six years.
L-1 --
Intracompany Transferee
This category of visa is available
to foreign nationals who have worked abroad for at least one out of
the three years immediately prior to entry to the United States as a
manager, executive, or specialized knowledge employee of a foreign
affiliate of a U.S. company and who will be transferred to the U.S.
affiliate to work in a similar position.
If someone is eligible for this
category, it is probably the best employment visa to use, as the DOL
is not brought into the process.
One attractive option frequently
used by large companies is the "blanket L-1." This
allows the transfer of foreign national managers, executives or
specialized knowledge personnel via the filing of a single petition.
If approved, the petition allows for an extremely expedited process
for obtaining visas for such employees.
TN -- Trade
NAFTA
Mexican and Canadian nationals in a
number of specific (mostly technical) positions are potentially
eligible for this category, one of the benefits of the North
American Free Trade Agreement. Canadians TN visa applicants undergo
much easier process -- an application is made at the border, whereby
the applicant demonstrates Canadian citizenship, a job offer from a
U.S. employer for one of the approved positions, proof of an
unrelinquished foreign domicile in Canada, and the application fee.
Mexican nationals have to comply with H-1B procedures, as explained
below.
Valid for 12 months at a time, the
TN visa may be renewed indefinitely by making a new application at
the border or by filing an application for extension with the INS.
Obtaining TN approval largely depends upon the discretion of the
individual border officer. Because this is a relatively new
visa category, there are not many guidelines, and success is
therefore very uncertain.
Other
Non-immigrant Working Visas
There
are many other types of work visas, each with specific requirements
as to type of position, type of employer, duration, etc. The
E-1 (Treaty Trader) and E-2
Visas (Treaty Investor) allow nationals of countries having
commercial treaties with the U.S. to engage in trade or business
investment activities. The H2B Visa allows for 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 R Visa is for religious workers. There
are other special categories, as well.
FOR MORE INFORMATION:
Contact John Byrley at
tel: 410-719-1501.
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