US Work Visa
Work Visa
L-1A Intracompany Transferee
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.
The following information describes some of the features and requirements of the L-1 nonimmigrant visa program.
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General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
L-1B Intracompany Transferee Specialized Knowledge
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.
General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
- Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
The B1 in lieu of H1B Visa is a faster alternative to the L1 and H1B visas
The B1 in lieu of H1B visa grants entry usually for multiple entries for up to a year for a short term work need in the US.
Under the B-1 in lieu of H-1B visa category, usually the work is done based on a contract between the US company and the overseas business. The US company could be in the same group of companies as the overseas company, or could be a client of the overseas company. It may be more difficult for smaller businesses say with only one or two staff outside the US to come under this US visa category.
This visa category became more difficult to obtain under the Trump Administration. It should not be taken for granted that it will be possible to obtain another visa after the first year. There is a greater risk of refusal if you apply for further visas after the first one. In addition, companies that have used this visa category a number of times in the past may have difficulty applying again.
Compared to other longer term non-immigrant visas such as H1B visa, L1 visa, E2 Visa, L1A, H1B, B1 and E1 Visa
In many cases the B1 in lieu of H1B visa is an excellent alternative to the H1B visa, which is oversubscribed about three times over in the beginning of April each year to start in October in the same year. Therefore because of the quota the likelihood of success in applying for an H1B visa is low. There is no quota for the B1 in lieu of H1B visa.
B1 in lieu of H1B Visa for graduate level employment
In many cases for graduate level employees and directors (or those who are considered graduate equivalent) it may be worth looking at the B1 in lieu of H1B visa instead of some of the above longer term work visa options. If you wish to send people over to the US for work quickly in a matter of weeks, and the work is the sort of work you would expect to be done by a graduate level employee this visa is worth considering.
It is frequently possible to show that an employee is graduate level by showing relevant experience instead of an actual bachelors degree or higher level qualification. Usually, if the applicant has twelve years of skilled work experience or a combination of work experience and qualifications it should be possible to show that the person is graduate equivalent. If the applicant does not have a Bachelors degree or higher level qualification it may be worth obtaining a professional evaluation showing degree equivalency.
This provision is useful when a non-US company wishes to send a member of staff to the US for a limited period in order to undertake specific projects for clients, or where you wish to bring in an employee of an overseas subsidiary, affiliate or parent for a limited period.
The requirements for acquiring a B1 in lieu of H1B visa are as follows:
B1 in lieu of H1B Visa Requirements
- The work to be undertaken in the US must be H1B level – i.e. the skilled worker must be engaged in a ‘speciality occupation’ in graduate level work usually requiring at least a bachelors degree or equivalent;
- The worker will usually need to be a permanent employee or director of the non US business and must continue to be paid by the employer outside the US while in the US on a B1 in lieu of H1B visa;
- The worker most remain on the payroll of the overseas business. The worker may receive no compensation other than an expense allowance from a US source;
- The graduate level worker must have a bachelors degree or higher, or show degree equivalency. If the person concerned has a bachelors degree or higher, ideally this should be relevant to the services to be provided (does not necessarily have to be relevant).
As an alternative to a degree you can show Degree equivalency by twelve years of specialty level work experience, or a combination of work experience and other qualifications.
B1 in lieu of H1B Visa Documentation Requirements
The B-1 in lieu of H-1B visa can usually be obtained within a few weeks, and requires considerably more supporting documentation compared to a normal B-1 business visitor visa. Periods of admission are usually the same as for the standard B-1 business visitor visa (i.e. generally 6 months). Usually, the visa is valid for multiple entries over a period of one year.
Family
The Family of a B1 in Lieu of H1B Visa holder are the same as for a regular B1 Business Visit Visa.
B1 in lieu of H1B Procedures on entry to the US
When entering the US it would be advisable to have full documentation relating to the application. The documentation should confirm reasons for the trip and that you will be continuing to work for the overseas employer while in the US.
This is because while it is issued by a US Consulate or Embassy, some US Citizenship and Immigration Services (USCIS) visa officers on entry may not fully appreciate that the B-1 in lieu of H-1B visa is different to the B-1 business visitor visa.
Labor Certification
Approximately 140,000 immigrant visas are available each fiscal year for noncitizens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.
Labor Certification
Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor, which verifies the following:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
There are five Options, called Preferences:
EB-1 First Preference – Persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
Persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
Yes, unless applicant can obtain a national interest waiver (Labor Certification)
EB-2 Second Preference – Professionals, skilled workers, and other workers.
EB-3 Third Preference – Yes
EB-4 Fourth Preference – No. “Special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, noncitizen minors who are wards of courts in the United States, and other classes of noncitizens.
EB-5 Fifth Preference – Business investors who invest $1.8 million or $900,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.
H-1B Specialty Occupations
Eligibility Criteria
– Theoretical and practical application of a body of highly specialized knowledge; and
– Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
The position must also meet one of the following criteria to qualify as a specialty occupation:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
- The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*
For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:
- Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
- Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment
Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
E2 Investor Visa
To be eligible for an E2 Investor Visa you must meet the following Requirements:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
E3 Visa for Australians
To qualify for an E-3 visa, you must demonstrate, among other things, that you:
- Are a national of Australia
- Have a legitimate offer of employment in the United States
- Possess the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
TN Visa for Canadians and Mexicans
To be eligible for a TN visa you must be among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers, among others. You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada or Mexico;
- Your profession qualifies under the regulations;
- The position in the United States requires a NAFTA professional;
- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
- You have the qualifications to practice in the profession in question.
The process for Canadians and Mexicans to obtain a TN visa varies as Canadians are not required to obtain a TN visa at a US consulate while Mexican nationals are required to obtain a visa. BPA lawyers can help you with either process.
Green Card via Employment
Immigrant Worker
- Have extraordinary ability in the sciences, arts, education, business or athletics, or
- Are an outstanding professor or researcher, or
- Are a multinational manager or executive who meets certain criteria
- Are a member of a profession that requires an advanced degree, or
- Have exceptional ability in the sciences, arts, or business, or
- Are seeking a national interest waiver- A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
- A professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), or
- An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
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