WORK VISAS

WORK VISAS

WHAT ARE WORK VISAS?

Foreign nationals with certain educational credentials, skills, and experience are in demand in the United States. U.S. immigration law allows for individuals with a variety of backgrounds to enter the United States for temporary or permanent durations.

WHO ARE WORK VISAS FOR?

TEMPORARY VISAS FOR BUSINESS (NONIMMIGRANT” VISAS)

Nonimmigrants with permission to work in the United States are either sponsored by a U.S. employer based on a specific job offer and must work only for that employer; or, have work permission for specific objectives. Categories of temporary visas for business, to name a few, include multinational managers and executives; individuals with demonstrated extraordinary ability in their fields; skilled workers; crew members; diplomats; international treaty-based investors and traders; members of the press; and, cultural exchange visitors.  The most common work visas are:

  • Occupation-based (H-1B; L-1; E-3)
    • Multinational employees, managers, and executives
    • Physicians
    • Nurses and Physical Therapists
    • Other Professionals
  • Achievement-based (O-1)
    • Extraordinary Ability
  • TN Visas (NAFTA Green Cards) For Canadian And Mexican Citizens
    • Scientists
    • Medical Professionals
    • Teachers
    • Other Professionals

IMMIGRANT VISAS FOR BUSINESS (PERMANENT RESIDENCE / GREEN CARDS)

Business immigrants are generally sponsored by U.S. employers based on demonstrated need. Some business immigrants may self-petition if they meet statutory criteria for “extraordinary ability” in their field, or if their entry would be in the “national interest.”

Most business immigrant cases require Department of Labor certification that no U.S. workers are able, qualified, or willing to take the position offered to the foreign national. Further, it may be necessary to prove that admitting the business immigrants will not negatively impact the wages and working conditions of similarly situated U.S. workers.