Overview of US Employment Visa Options

Before coming to the United States to work, foreign nationals must first look for an employer who can offer them job positions that qualify them for various types of work visa to enter the United States.  In most cases, the US employer must submit an alien worker visa petition to USCIS for approval.  After the petition is approved, the worker may either apply for the appropriate work visa in the US embassy abroad or change their current nonimmigrant status in the United States.

Work Visa Options for Professional Workers

Even within the professional workers, different types of work visa is appropriate depending on the nature of the work and the foreign worker’s country of origin.  It is highly recommend that an applicant for work visa speak to an immigration attorney to determine the most suitable work visa options. Employers who are considering hiring foreign workers should also speak to an immigration lawyer to understand the repercussions of petitioning an alien worker for a work visa.

H-1b Specialty Occupation Worker

The H-1b Specialty Occupation worker is the most commonly used work visa for professional workers around the world.  The H-1b visa requires that the foreign worker has a B.A. or B.S. degree or the equivalent work experience to qualify, and H1-b law also requires that the proffered job position fit under the definition of specialty occupation, which means that the job position must require a high level of application of theories and education from the employee.  The U.S. employer is also required to pay prevailing wage, which is determined by the geographical location of the company and the average salary of the position.  For more information about H-1b specialty occupation worker visa, please feel free to contact my office for a free consultation or refer to the H-1b Visa Section.

TN Visa for Professional Workers from Canada & Mexico

The TN visa is designed for Canadian and Mexican citizens under the NAFTA treaty.  Citizens of Canada and Mexico may apply for the TN visa if they are of a profession listed on the NAFTA agreement, and if they have a job offer in the U.S. with a company that requires such a professional.  Although TN visa applicants can work as a full-time or part-time employee, self-employment is not permitted.  Applicants must be able to present proof of their credentials and qualifications for the profession.  Spouses and children of TN visa holders may come with a derivative TD visa.  For more information, please refer to the TN visa article.

L1A Visa for International Executive & Manager Transferee

L visa are typically used by managerial level personnel in international companies when they are transferred to a subsidiary or partner company in the United States.  Also, when a multi-national company is developing a new market in another country, the L visa may be used for employees with specialized knowledge to work in the newly established office.  Smaller and even start-up companies can also take advantage of the L visa for their business needs as long as the requirements are met.  USCIS (formerly INS) will scrutinize L visa petitions more closely if filed by a less well-known company. For more information on L-1A visa, please call or email my office for a free consultation, or refer to the L-1A Section.

L1-B Visa for Essential Employee Transferee

L1-B visa is designed for essential employees who are transferred from the associated company abroad. Essential employee are those workers who possess a very specialized knowledge regarding a company’s product, services or protocol, who is being transferred to the United States to help establish or support the U.S. branch company.  To prove eligibility, the petitioning US employer must demonstrate the nature of specialized knowledge and skills possessed by the L-1B employee.  For more information on L-1B visa, please call or email my office for a free consultation or refer to the L1-B Section on the website.

E1 / E2 Essential Employee Transferee

E1 / E2 companies can also bring workers who possess specialized skills and knowledge to work in the United States for the company.  E1 and E2 companies are generally international trading and investment companies, and under current immigration law they can bring specially skilled workers into the United States to assist with the operation and management of the E1 and E2 company.  For more information regarding E1 and E2 essential employee visa application, please refer to the E Employee Visa Section or contact my office for a free consultation.

O1 Visa for Professional Performer or Artists and Supporting Staff

The O1 visa is designated for individuals who possess extraordinary ability in the sciences, education, business, arts or athletics and individuals of extraordinary achievement in the motion picture and television industries.  The individual must provide documentation to prove that the individual’s ability has been recognized through sustained national or international acclaim.  The USCIS (formerly INS) makes the final decision on whether or not the individual qualifies for the O-1 status.  For more information, please refer to the O1 Visa section or schedule a free consultation with my office.

P1 Visa for Professional Athletes and Supporting Staff

The P1 visa is appropriate for international athletes and their support staff who plan to enter the United States to engage in athletic competitions and other events.  P visa is also issued to performance groups that tour around the United States in different venues.  For more information, please refer to the P1 Visa section or schedule a free consultation with my office.

Work Visa for Religious Workers (R Visa)

The R visa is for ministers of religion and full-time religious workers.  R visas may not be appropriate for many visitors even though their visit to the U.S. is for religious activity.  Those individuals may opt to apply for the tourist visa (B1/B2).  An R visa applicant must be a member of a religious denomination having a bonafide nonprofit, tax-exempt religious organization or at least an affiliation in the U.S.  The applicant must have been a member of the denomination for 2 years immediately preceding the application.  The applicant must enter the U.S. solely to carry out the vocation of a minister or to work full-time in a religious occupation for that denomination or affiliated organization.  Additionally, if the applicant was previously in the U.S. under an R visa for 5 years, the applicant must have resided and been physically present outside the U.S. for one year immediately prior to the present application for a new R visa to be issued.

Immigration Attorney Assistance with Work Visa Application

To retain my office to represent you in work visa application, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.