Non-immigrant US work visas

The H-1B Visa: For Individuals in Specialty Occupations

The H-1B visa is one of the most sought-after non-immigrant work visas. It’s designed for professionals in positions that require theoretical and practical knowledge in a specialized field, typically a bachelor’s degree or its equivalent. Typical professions eligible for the H-1B include engineers, computer scientists, architects, accountants, doctors, and other fields requiring technical or academic expertise.

Main Eligibility Requirements for the H-1B Visa:

• Specialty Occupation: The offered position must be a specialty occupation.
• Applicant Qualifications: The applicant must possess the required qualifications for the position, generally a bachelor’s degree in the relevant field, or equivalent work experience.
• Job Offer: A firm job offer from a U.S. employer is essential. The employer must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
• Annual Cap: The number of H-1B visas is subject to an annual cap set by Congress. This cap is usually reached very quickly, making the H-1B lottery highly competitive.

The L-1 Visa: For Intracompany Transferees

The L-1 visa is designed to facilitate the transfer of executives, managers, and employees with specialized knowledge within a multinational company that has offices in the United States. This visa allows companies to transfer key employees from their foreign offices to their U.S. subsidiaries, branches, or affiliates.

The L-1 visa is divided into two subcategories:

• L-1A for Executives and Managers: This visa is for employees who hold executive or managerial positions. This includes roles where the individual is responsible for organizing the company’s activities, supervising the work of other employees, or managing an essential function of the company.
• L-1B for Individuals with Specialized Knowledge: This visa is for employees who possess specialized knowledge concerning the employer’s products, services, research, equipment, techniques, management, or other interests, or advanced knowledge of the company’s processes and procedures.

Main Eligibility Requirements for the L-1 Visa:

• Qualifying Business Relationship: The U.S. company must have a qualifying business relationship (parent company, subsidiary, branch, affiliate) with the foreign company.
• Prior Employment: The applicant must have worked for the foreign company continuously for at least one year within the three years preceding the filing of the L-1 petition.
• Similar Position: The applicant must be transferred to an executive, managerial, or specialized knowledge position within the U.S. company.

The O-1 Visa: For Individuals with Extraordinary Ability

The O-1 visa is for individuals with “extraordinary ability” in the sciences, arts, education, business, or athletics, or who have demonstrated extraordinary achievement in the motion picture or television industry, and whose achievements have been recognized nationally or internationally. This visa is reserved for an elite group of professionals who have reached the top of their field.

To be eligible for the O-1 visa, the candidate must be able to prove national or international recognition of their excellence. This can include major awards (such as a Nobel Prize or an Oscar), critical acclaim, publications in professional journals, high salaries, or other tangible evidence of exceptional success.

Main Eligibility Requirements for the O-1 Visa:

• Extraordinary Ability: The applicant must demonstrate extraordinary ability through sustained national or international acclaim, evidenced by substantial proof (major awards, publications, leading roles, high salaries, etc.).
• Recognized Excellence: The applicant must have achieved a level of expertise demonstrating that they are one of the few at the top of their field.
• Job Offer: A temporary job offer in the U.S. in the area of their extraordinary ability is required.

The E Visas: For Treaty Traders and Investors

E visas, established under treaties of commerce and navigation between the United States and certain countries, allow citizens of these countries to come to the U.S. to engage in trade or make investments. There are two main categories of E non-immigrant work visas:

• The E-1 Visa (Treaty Trader): This visa is for individuals engaged in substantial trade. It’s for citizens of treaty countries who wish to come to the U.S. to develop or direct significant commercial operations, primarily between the U.S. and the applicant’s country of origin.
• The E-2 Visa (Treaty Investor): This visa is for individuals investing a substantial amount. It’s for citizens of treaty countries who invest a substantial sum of money in a U.S. enterprise and seek to develop and direct that enterprise. The investment must be significant, and the business must be viable and generate profits.

Main Eligibility Requirements for E Visas:

• Treaty Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation with the United States.
• Intent to Return: While not mandatory for E visas, an intent to return to the home country is generally expected for non-immigrant visas.
• For E-1: Substantial and continuous trade between the two countries is required.
• For E-2: A substantial, at-risk, and non-marginal investment is necessary.

The P Visa: For Athletes, Performing Artists, or Internationally Recognized Individuals

The P visa is designed for athletes, performing artists, and entertainers who come to the United States for specific events or tours. This visa is divided into several subcategories:

• The P-1A Visa: For individual athletes or teams who are internationally recognized.
• The P-1B Visa: For members of an internationally recognized entertainment group.
• The P-2 Visa: For artists or groups coming to the U.S. under a reciprocal exchange program between a U.S. organization and a foreign organization.
• The P-3 Visa: For artists or groups coming to the U.S. to teach, coach, or perform under a culturally unique program.

Main Eligibility Requirements for the P Visa:

• International Recognition: The applicant or group must have significant international recognition in their field.
• Specific Event or Performance: The visa is issued for a specific event, performance, or tour in the United States.

U.S. Work Permit (Employment Authorization Document – EAD)

Regardless of non-immigrant work visas, some foreign nationals may also need a work permit, also known as an Employment Authorization Document (EAD). An EAD is a physical card that proves an individual is authorized to work in the United States.

Who Needs an EAD?

Not all non-immigrant work visa holders require a separate EAD to work. For example, H-1B, L-1, O-1, E-1, and E-2 visa holders are generally authorized to work for the employer or company specified in their visa petition without needing a separate EAD.

However, an EAD is often required for:

• Certain Visa Categories: For example, asylum seekers, individuals with Temporary Protected Status (TPS), some F-1 students on practical training (OPT or CPT), spouses of certain visa holders (like L-1 spouses or some H-1B spouses under certain conditions).
• Individuals Awaiting Adjustment of Status: Those who have filed for a green card (adjustment of status) can apply for an EAD to work legally while their application is pending.
• Other Specific Situations: USCIS provides an exhaustive list of categories of individuals eligible for an EAD.

How to Obtain an EAD?

The EAD application is made by filing Form I-765, Application for Employment Authorization, with USCIS. The process and required documents vary depending on the applicant’s eligibility category.

Each of these non-immigrant work visas represents a unique opportunity for professionals and talents from around the world to contribute to the U.S. economy and culture. The process of obtaining these visas can be complex and often requires the assistance of immigration experts to evaluate your individual situation and guide you through the process.