TEMPORARY EMPLOYMENT VISAS
H-1B
An H-1B is a temporary visa for foreign professionals employed in specialty occupations. H-1B allows for “dual intent” which enables parallel sponsorship for permanent residence. The H-1B requires a valid employer-employee relationship, which in most cases is documented in a straightforward manner. However, if the company is a startup, or the employee has a significant stake in the company, our legal team strengthens the evidence of the employer’s right to control the terms and conditions of employment. The H-1B is designated for specialty occupations, which require a bachelor’s or higher degree in a related field.
We ensure that the employee meets the specific job requirements, and analyze the offered wage in comparison to the prevailing wage requirements of the Department of Labor. H-1B employers must obtain a certified Labor Condition Application (LCA), from the U.S. Department of Labor (DOL) to file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
In particular, we have experience with H-1Bs for software engineers, technical specialists, scientists, researchers, marketing, and operations personnel, among others. When securing a temporary visa, we work directly with our clients to reduce processing delays and expenses, develop short-term and long-term visa strategies, and ensure compliance with the Department of Labor and USCIS regulations.
Duration: An H1-B can be approved for an initial period of up to three years, and extended for a total of six years.
Dependents: H-4 dependents are not allowed to accept employment except in limited situations.
L-1
The L-1 is a temporary work visa which allows companies doing business in the U.S. and abroad to transfer certain key employees from their foreign office to the U.S. office for a period of up to seven years. The employee must have been employed by a parent, subsidiary, affiliate or branch office of the U.S. company outside of the US. for at least one year during the last three years. The L-1A allows employers to transfer their foreign managers and executives to their offices in the U.S. It also allows employers to transfer their other employees with specialized knowledge to their offices in the US. Unlike the H-1B, currently there is no limit on the number of L-1s issued.
Our company helps employers to establish that the L-1 employee will be employed in a primarily managerial or executive capacity. We document carefully the corporate relationship with the foreign entity abroad, and demonstrate that both the U.S. office and the foreign entity continue to share common ownership and control. In particular, we focus on entrepreneurs who have recently launched a new office in the U.S. We help new companies provide evidence of the operations of a new office during the first year, and the subsequent fully functioning office supporting the L-1 employee. For small companies and startups, we strengthen the evidence that the beneficiary will be employed in a managerial or executive capacity, that the company employs sufficient personnel, or that a new business has established a physical office, which are usually the most common bases for denial of L-1 visas.
Duration: An L-1A can be approved for an initial period of up to three years, and extendable to seven years. An L-1B can be extended up to five years.
Dependents: L-2 dependents can apply for work authorization.
TN
A TN is a nonimmigrant visa, part of the North American Free Trade Agreement (NAFTA), which allows Canadian and Mexican citizens to engage in temporary employment with a U.S. employer. The applicant must be a citizen of Canada or Mexico, and engage in activities at a professional level. “Professional level” refers to occupations that require at least a baccalaureate degree or appropriate credentials in a profession set forth in Appendix 1603.D.1 of the NAFTA (include link).
Duration: A TN can be approved for up to 3 years, and can be extended for additional 3 year increments, but temporary intent should be maintained.
Dependents: TN dependents are not allowed to apply for work authorization.
O-1
An O-1 is a nonimmigrant visa for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. The O-1A is for an individual with an extraordinary ability in sciences, education, business, or athletics, and the O-1B is for an individual with an extraordinary ability in arts or extraordinary achievement in motion picture or television. O-2 visas are for individuals who will accompany an O-1 artist or athlete, to assist in a specific event or performance.
Our attorneys have extensive experience in preparing strong O-1 petitions for scientists, educators, and university professors. We have also been successful with O-1 petitions for athletes, artists, and business executives who have reached the very top level of their field. These petitions usually require extensive supporting documentation, creative “out of the box” strategies to document extensive abilities, and a clear, detailed explanation of how the supporting evidence establishes extraordinary ability in the particular field.
Duration: O-1 visas are granted for up to three years, and can be extended in additional three-year increments.
Dependents: O-3 dependents are not allowed to apply for work authorization.
E-1/E-2
The E-1 Trader and E-2 Investor visas allow a national of a treaty country to come to the U.S. to engage in international trade or investment in a US-based business. An E-1 Trader can be filed for a treaty trader who is a national of a country with which the U.S. maintains an applicable treaty. The trade must be substantial and be principally between the U.S. and the treaty country. Trade is considered to be goods, services, banking, insurance, transportation, tourism, and technology among other activities. E-1 visa employee must possess the same nationality as the principal employer. The employee must be coming to work in an executive or supervisory capacity or be an “essential” employee of the business. An E-2 Investor can be filed for a treaty investor who is a national of a country with which the U.S. maintains an applicable treaty. The investor and in some instances the employees of the investing company may apply for an E-2 visa to work in the U.S. A substantial amount of the initial investment must have been placed “at risk” at time of application for the visa. If the E-2 visa employee is the investor, he or she must be coming to the U.S. solely to develop and direct the enterprise. In addition, the individual investor must own at least 50 percent of the enterprise. If the E-2 visa applicant is an employee, she or he must be coming to work in an executive or supervisory capacity or be an “essential” employee of the business.
Duration: E-1 visas are granted for up to 2 years, and can be extended in increments of up to two years.
Dependents: E-1/E-2 dependents may be eligible to apply for work authorization.
E-3
The E-3 is a temporary visa for Australian professionals employed in specialty occupations. It is available for Australian nationals who have a legitimate offer of employment in the United States, who possess the necessary academic or other qualifying credentials, and who will fill a position that qualifies as a specialty occupation. The visa application process is similar to the H-1B process. The total number of E-3 visas is limited, but this limit has never been reached.
Duration: E-3 visas are granted for up to 2 years, and can be extended in increments of up to two years.
Dependents: E-3 spouses may be eligible to apply for work authorization.
B-1
The B-1 is a temporary business visa for individuals who will be participating in business activities of a commercial or professional nature in the U.S., including, but not limited to: Consulting with business associates; Traveling for a scientific, educational, professional or business convention, or a conference on specific dates; Settling an estate; Negotiating a contract; Participating in short-term training; Transiting through the United States: certain persons may transit the United States with a B-1 visa; or Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa. B-1 applicants must demonstrate that the purpose of the trip is for business or other legitimate nature, that they plan to remain in the U.S. temporarily,, that they have funds to cover the trip expenses, that they maintain ties and a residence abroad that they have no intention of abandoning, and that they are otherwise admissible to the U.S.
Duration: B-1 visas can be granted for one to a maximum of 6 months, and extended for 6 more months.
Dependents: B-2 dependents are not eligible for work authorization.