Work Visas / Other Visas / Work Green Cards
B-1 VISA - BUSINESS
Acceptable B-1 Activities
Selling
An individual traveling to the United States to take part in an exhibition, set up an exhibition booth, display samples, sign contracts, and take orders for merchandise produced in and delivered from the United Kingdom may be eligible for a B-1 visa or visa-free travel under the Visa Waiver Program (VWP). The holder of a B-1 visa or a VWP traveler may not actually sell or take orders for merchandise produced in the United States. If the proposed activities are not as described, a temporary work visa will be required.
Service Engineer
If the engineer(s) will install, service, or repair commercial or industrial equipment or machinery sold by a company in the foreign company to a buyer in the United States, and the purchase contract requires that the foreign company provide such services, then the B-1 visa or travel under the Visa Waiver Program, (VWP) is appropriate. However, in such cases, the engineer(s) must possess the specialized knowledge essential to perform the services, receive no remuneration from a U.S. source, and the company must not receive any payment for these services in addition to that specified in the original contract of sale. If the proposed activities are not exactly as described, a temporary work visa will be required. Please note that the B-1 visa or travel under the VWP does not cover building or construction work, even if the purchase contract requires that the company provide such services. In such cases, the employees must always qualify for temporary visas.
TEMPORARY WORK VISAS
Anyone going to the United States with the intention of temporarily working there must obtain a nonimmigrant work visa. Persons entering the United States on a visitor or business visa or under the Visa Waiver Program (VWP) are not permitted to work.
Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment. The most common categories of nonimmigrant work visas are listed below:
Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment. The most common categories of nonimmigrant work visas are listed below:
Professional Work Visa (H1b)
Required by an alien who is to perform a prearranged professional or highly skilled job for a temporary period or fill a temporary position for which there is a shortage of U.S. workers, or receive training from an employer. The employment or training must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of an application filed by the prospective employer.
Intra-company Transferee Visa (L-1)
This visa type is a requirement for an alien who is being transferred by his current foreign employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States. The employment must be approved in advance by the USCIS in the United States on the basis of an application filed by the prospective employer.
Treaty Trader/Investor Visas (E -1 and E-2)
Required by a national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa.
ACADEMICS, RESEARCHERS & STUDENTS
Student Visas
In general, anyone wishing to study at an academic institution in the United States requires a student F-1 visa. However, a student who is pursuing a full course of study at an academic institution outside the United States and who is required to study at a U.S. academic institution for a semester or academic year as part of their curriculum may require an exchange visitor J-1 visa. The student should contact the U.S. institution to ascertain whether or not an exchange visitor program is in operation. If there is no exchange visitor program, the student will require an F-1 student visa.
School children taking part in a school exchange with an American high school are eligible for B-2 visas, or visa-free travel under the Visa Waiver Program if otherwise qualified. However, if they intend to remain in the United States for a term or semester, they will require the appropriate J-1 or F-1 visa.
School children taking part in a school exchange with an American high school are eligible for B-2 visas, or visa-free travel under the Visa Waiver Program if otherwise qualified. However, if they intend to remain in the United States for a term or semester, they will require the appropriate J-1 or F-1 visa.
O VISAS - PERSONS WITH EXTRAORDINARY ABILITY & MEMBERS OF THE ENTERTAINMENT PROFESSION AND P VISA - ATHLETES, ARTISTS & ENTERTAINERS
O Visa
The O visa classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.
Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.
For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.
Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.
For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.
P Visas
The P-1 visa classification provides for admission into the United States of certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are and may be admitted for five years and a team for a period of six months.
The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.
The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.
The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
OTHER IMMIGRATION OPTIONS
TN NAFTA for Canadians and Mexicans
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
DACA /TPS
You may request DACA (Deferred Action Childhood Arrival) if you:Were under the age of 31 as of June 15, 2012; Came to the United States before reaching your 16th birthday;Have continuously resided in the United States since June 15, 2007, up to the present time; Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; Had no lawful status on June 15, 2012;
TPS (Temporary Protected Status):
In order to qualify for TPS, an individual must:Be a national of the foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation);Be continuously physically present in the United States since the effective date of designation;
EMPLOYMENT GREEN CARDS
EB-1 Extraordinary Ability / Mutli-national Manager or Executive
Designated for those with extraordinary abilities in the areas of business, athletics, science, education and the arts.For outstanding researchers and professors. For managers and executives of multinational companies.
EB-2 Exceptional Ability / National Interest Waiver
Designated for individuals with advanced degrees (above bachelor's) or applicants with exceptional ability in the fields of art, science, or business.
EB-3 Labor Certification
Designated for certain professional workers, skilled workers, and unskilled workers.
EB-5 Investment /Regional Center
The EB-5 visa gives permanent U.S. residency to those investing in a commerical enterprise or into government-approved projects across the United States of America. The investment program requires investment of $1.8 million or a reduced $900,000 if the investment is in a Regional Center project or Targeted Employment Area (TEA).