Work Visas
Employment sponsored immigration falls into two basic categories -
nonimmigrant and immigrant. Nonimmigrant visas (NIVs) are temporary
and usually provide work authorization for a specific position with
a specific employer. They are usually valid from one to three
years and may be extended to the maximum allowable, which varies
depending on the type of visa. Immigrant visa (IV) petitions
provide a path to permanent resident status, which is commonly
referred to as the "green card". As the name implies, permanent
resident status does not expire. It conveys work authorization
without restriction, as well as an opportunity to apply for U.S.
citizenship in the future.
Commonly used Nonimmigrant (Temporary) Visas:
H-1B: up to 3 years initially; 6 years max
The H-1B Visa category applies to workers coming to the United States temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. A "specialty occupation" is defined as requiring a level of theoretical and practical application of specialized knowledge that is obtained through completion of at least a bachelor's degree. The fashion model category applies to a fashion model who is nationally or internationally recognized and will be employed in a position requiring someone of distinguished merit and ability.
L-1A/L-1B: up to 3 years initially (1 year
for new companies); 7 years max for L-1A, 5 years max for L-1B.
The L-1 Visa category applies to workers employed outside the United
States by a company with a subsidiary or affiliate in the United
States. These workers are known as as intra-company transferees.
They enter the U.S. temporarily to perform services for the
subsidiary or affiliate in either an executive or managerial
capacity (L-1A) or to provide skills that require specialized
knowledge or training (L-1B). In order to qualify for an L-1 visa,
the worker must have been a full time employee of the foreign
company for at least one continuous year out of the last three.
TN: 1 year; renewable indefinitely
The TN Visa category was created in 1994 by the North American Free
Trade Agreement (NAFTA). It applies to certain Canadian and Mexican
workers and facilitates their ability to come to the United States
temporarily for employment. TN employment under the NAFTA must be
in one of the listed professions and the the worker must possess the
credentials required for the profession.
O-1: 3 years initially; renewable
indefinitely.
The O-1 category applies to workers coming temporarily who have
extraordinary ability in the sciences, education, business,
athletics, arts, motion pictures, or television. Workers with
extraordinary ability are those with "sustained national or
international acclaim and whose achievements have been recognized in
the field through extensive documentation." You
must be one of "that small percentage who have risen to the very top
of the field of endeavor," to be granted this classification.
Category: R-1 Duration: 3 years initially;
5 years max.
The R-1 classification applies to a religious worker. This is a
worker coming to the U.S. temporarily as a minister of religion, as
a professional in a religious vocation or occupation, or for a bona
fide nonprofit religious organization at the request of the
organization, in a religious occupation which relates to a
traditional religious function. The applicant (religious worker)
must have been a member of a religious denomination having a
nonprofit religious organization in the United States for at least
the two years immediately prior to the application date.
To be eligible, the U.S. petitioning organization must be a
nonprofit religious organization granted (or eligible for) tax
exempt status, and must demonstrate that it can and will provide for
all of the R-1 beneficiary’s financial and physical needs.
Permanent Residence (green card).
Foreign Labor Certification –
this is the process that most workers must undertake to obtain
permanent residence via employment. Certification may be obtained in
cases where it can be demonstrated that there are insufficient
qualified U.S. workers available and willing to perform the work at
wages that meet or exceed the prevailing wage paid for that
occupation in the area of intended employment.
Please note, until recently the labor certification process has been
excruciatingly slow, taking as long as two to five years in some
backlogged states such as California and New York. Fortunately, the
U.S. Department of Labor has implemented a newer, faster labor
certification process, called PERM. Through PERM, a labor
certification can now be prepared, filed, and approved in as little
as four months.
Permanent Residence (exempt from the Foreign Labor Certification
requirement)
While most foreign born workers apply for permanent residence
through the Labor Certification process, there are certain categories
of workers who are exempt from the Labor Certification requirement,
including:
Multinational Managers or Executives
– similar to the L-1A nonimmigrant visa. A multinational manager or
executive is eligible for priority worker status if he or she has
been employed outside the U.S. in the three years preceding the
petition for at least one year by a firm or corporation and seeks to
enter the U.S. to continue service to that firm or organization. The
employment must have been outside the United States in a managerial
or executive capacity and with the same employer, an affiliate, or a
subsidiary of the employer.
Outstanding Professors and Researchers
– Outstanding professors and researchers are recognized
internationally for their outstanding academic achievements in a
particular field.
In addition, an outstanding professor or researcher must have at
least three years experience in teaching or research in that
academic area, and enter the U.S. in a tenure or tenure track
teaching or comparable research position at a university or other
institution of higher education. If the employer is a private
company rather that a university or educational institution, the
department, division, or institute of the private employer must
employ at least three persons full time in research activities and
have achieved documented accomplishments in an academic field.
Extraordinary Ability – Workers
with extraordinary ability are those with "extraordinary ability in
the sciences, arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim and
whose achievements have been recognized in the field through
extensive documentation." You must be one of "that small percentage
who have risen to the very top of the field of endeavor," to be
granted this classification.
Physical Therapists – A
"physical therapist'' is defined as a person who applies the art and
science of physical therapy to the treatment of patients with
disabilities, disorders and injuries to relieve pain, develop or
restore function, and maintain performance. The physical therapist
uses physical means such as exercise, massage, heat, water, light,
and electricity, as prescribed by a physician or surgeon. To
qualify, a physical therapist must possess all the qualifications
necessary to take the physical therapist licensing examination in
the state in which he or she proposes to practice physical therapy.
For the skill, knowledge and dedication you want for all your immigration needs, whether for businesses or green cards for individuals, contact the Law Office of Isabel Machado.