E-1/E-2
The E-1 Treaty Trader visa requires that more than fifty percent of the business’s trade must be between the treaty country and the U.S., and that the trade must be substantial and continuous.
The E-2 Treaty Investor visa requires a substantial investment in a U.S. business which must be controlled by treaty nationals. These investments cannot constitute passive investments. The invested funds must be actively utilized and managed, and are required to be placed “at risk” in a business venture.
Applicants may qualify for E visas as principal traders, principal investors, or as employees of trader or investor businesses having the same nationality. In order to obtain an E visa as an employee, the employee must have essential skills and experience.
E-1 and E-2 visas may be extended indefinitely for as long as a need exists for the trader or investor to direct and control the U.S. business. There are no numerical limitations on E-1 or E-2 visas.
The spouse and unmarried minor children under age 21 of the holder of an E-1 or E-2 visa may be eligible for dependent E visa status, and E spouses may be eligible for employment authorization.
H-1B
H-1B visas may be issued to beneficiaries who hold at least a bachelor’s degree, and have an have an offer of professional employment in their area of study from a U.S. employer for a position that that requires their degree. In certain cases, a combination of education and work experience may be accepted in lieu of the degree requirement.
An H-1B visa may be approved for an initial period of up to three years. The visa may be extended for additional periods, but the aggregate stay in H-1B status may generally not exceed six years, unless a green card process has been initiated before the fifth H-1B anniversary.
Before petitioning for an H-1B visa, the employer must obtain the approval of the U.S. Department of Labor in connection with a determination of the wages to be paid to the foreign worker. A petition for an H-1B visa is then filed by the U.S. employer. Foreign nationals are unable to self-petition for H-1B visas.
The spouse and unmarried minor children under age 21 of the holder of an H-1B visa may be eligible for H-4 dependent visa status, but holders of H-4 dependent visas are only permitted to work in the U.S. in limited circumstances.
This visa category is subject to numerical limitations that are always reached, and it is accordingly oversubscribed. There have been many recent changes to H-1B procedures and adjudication standards. The visa category is presently under scrutiny and is strictly adjudicated.
L-1
Executives, managers, and persons holding specialized knowledge who own or are employed by a business based outside of the U.S. may be eligible for an L-1 intracompany transferee visa.
To qualify for an L-1 visa, the petitioning business must have a U.S. branch office or affiliate, and the beneficiary must have been employed abroad for a period of at least twelve months prior to the filing of the L-1 visa petition. L-1 visas for executives and managers may not exceed an aggregate of seven years for each individual beneficiary. This period is reduced to five years for beneficiaries who fall within the specialized knowledge sub-category.
The spouse and unmarried minor children under age 21 of the holder of an L-1 visa may be eligible for L-2 dependent visa status. L-2 spouses are eligible to apply for employment authorization after arrival in the U.S.
Although L-1 visas are not subject to numerical limitations, this visa category is presently under scrutiny and is strictly adjudicated.
O-1
O visas may be issued to persons who possess extraordinary ability in the arts, sciences, education, business, athletics, motion picture and television industries. In practice, the O visa is often utilized by business executives, investment bankers, dual-qualified attorneys, finance professionals and academics. Beneficiaries are required to demonstrate extraordinary ability with respect to the O visa.
Foreign nationals are unable to self-petition for O visas, and a U.S. employer is always required. However, in certain instances, the U.S. employer may be an agent that is responsible for compensating the visa beneficiary.
O visas may be valid for up to three years, and can be extended in annual increments for an indefinite period.
TN Visas for Canadian and Mexican Professionals
Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican Professionals may seek temporary entry into the United States to engage in professional employment under a pre-arranged employment contract or agreement with a U.S. company for work product generated in the U.S.
The TN Visa is a multiple entry visa that allows the visa holder entry into the U.S. for one to 3 years and can be extended indefinitely.
Professional employment requires the TN Visa holder to have at least a bachelor’s degree or appropriate credentials demonstrating the holder is a professional as listed on a NAFTA Appendix.
Spouses and unmarried minor children under age 21 of the TN Visa holder are eligible to enter the U.S. under the derivative TD visa. Family members may study in the U.S., but are not allowed to work in the U.S.
TN Visas are not subject to numerical limitations.