Aliens from everywhere in the world coming to the US to work as nonimmigrants could fall beneath H-1B, H-IC, H-2A, H-2B, H-Three, (nonimmigrant working or coaching visa), R-1 (nonimmigrant spiritual visa), I (nonimmigrant media representatives visa), D crewperson (nonimmigrant touchdown allow), J-1 (nonimmigrant alternate, trainee)., A and G (nonimmigrant diplomatic visa), O and P (nonimmigrant leisure visa), L-1 (nonimmigrant intra-company transferee visa), and TN (nonimmigrant visa for skilled Canadians and Mexicans).
Whether or not an alien qualifies for a nonimmigrant working (or coaching) visa is dependent upon whether or not the necessities of the actual visa might be complied with by the alien applicant or beneficiary.
Nonimmigrant Working and Coaching Visas: H-1b, H-1c, H-2a, H-2b, H-Three, and J-1:
This class covers nonimmigrant working or coaching visas for business personnel of corporations working in the US. It permits employment in the US for longer length and facilitates momentary residence throughout the allowed keep.
Every visa or standing requires the prior approval of a U.S. employer’s or trainor’s petition, which states the of the alien beneficiary or trainee and the necessities of the place.
1. H-1B: Specialty Occupation:
The annual cap of 65,000 H-1B visas is lowered to 58,200 after deducting 6,800 H-1B1 visas for Chile and Singapore. H-1B employer can file the petition on April 01 of every yr and even thereafter, if the annual cap will not be used up.
The U.S. petitioner-employer is required to submit a Labor Situation Software (LCA) certification from the U.S. Division of Labor (DOL) that such software (ETA 9035E) within the occupational specialty has been electronically filed thereat and monitored at ICertPortal.
The submitting payment for the Type I-129 petition to be paid by the employer totals $2,320 ($320 + $1,500) (or $750 if employer has 25 or much less workers) + one time $500 fraud payment), payable to the Division of Homeland Safety.
Not all occupations are specialty occupations, which require a body of extremely specialised information and the attainment of a Four-year bachelor’s or increased diploma within the particular specialty or its equal, because the minimal entry requirement for the occupation.
The employer should pay 100 p.c of the prevailing wage now decided by the DOL Nationwide Prevailing Wage Assist Middle in Washington, D.C., on the time of submitting the LCA. The employer can also be required to keep up a public entry file inside someday after the LCA submitting, and publish discover of the LCA submitting in two (2) places for ten (10) days.
An H-1B petition could also be permitted as much as three (Three) years with extensions as much as most of six (6) years, and past, if a Type I-140 employment-based petition has been filed and pending for at the very least 365 days previous to the sixth yr restrict.
2. H-1C: International-Educated Nurses:
Restricted (500 visas per yr, 25 visas for State with 9 (9) million or much less inhabitants and 50 visas for State with over 9 (9) million inhabitants) H-1C visas are issued to foreign-trained registered nurses licensed to observe within the State and to work briefly at hospitals in designated Well being Skilled Scarcity Areas (HPSAA), as outlined by the U.S. Division of Well being and Human Services (HHS) and decided by the DOL.
Preliminary interval of keep is as much as three (Three) years and restricted to a few (Three) years. However this classification had expired on December 20, 2009.
Three. H-2A, H-2B, H-Three and J-1 (Agriculture/Seasonal/Trainees):
(a) H-2A visas are for international employees to carry out momentary or seasonal agricultural work on the time and place the place there are inadequate U.S. employees who’re ready, prepared, and obtainable to do the work.
The H-2A employer should receive a labor certification willpower from the DOL that the employment of an alien employee wouldn’t adversely have an effect on the wages and dealing circumstances of equally employed U.S. employees, in addition to present housing and employee’s compensation insurance coverage.
(b) H-2B visas capped at 66,000 a yr are for international employees to carry out work for a one-time prevalence or a seasonal or peak or intermittent want in nonagricultural sectors of the financial system.
An software for labor certification is likewise filed by the U.S. employer and approval obtained from DOL. And as in all H purposes, Type I-129 is filed with the U.S. Citizenship and Immigration Services (USCIS).
International employees are admitted initially for the time acknowledged within the labor certification, with a most of 1 (1) yr, topic to yearly extensions, to a most work keep of three (Three) years, and a 6-month international residency requirement prior to a different software.
(c) H-Three visas are designed for aliens coming to obtain instruction and coaching not designed to offer productive employment, until incidental and essential to the coaching and pursuing a profession outdoors the US.
They’re admitted throughout the permitted coaching program for a most size of two (2) years, topic to a 6-month international residency requirement previous to a subsequent software for a similar beneficiary alien.
The kind of coaching program mustn’t exist within the alien’s home nation or nation of origin, and isn’t available in every other nation.
(d) J visas are issued by U.S. Consuls overseas and meant for alternate guests, international physicians, professors, college students, academics, bona fide trainees or interns, au pair youths, and many others.; who’ve adequate funds and are fluent in English.
A trainee program for agriculture, lodge, and tourism is restricted to 12 (12) months with some exceptions. Different coaching packages could final eighteen (18) months. As a way to get extra coaching, trainees must be outdoors the US for the 2-year international residency requirement, until a waiver thereof is granted by the USCIS.
Waivers could also be primarily based on:
(i) potential persecution in nation of origin;
(ii) distinctive hardship on U.S. citizen or lawful everlasting resident partner or little one;
(iii) no objection by nation of origin; and
(iv) request by state or federal agency.
Four. R-1, I, D, A and G Visas:
(a) R-1 visas are for spiritual employees (ministers, professionals in spiritual occupation [cantors, liturgical workers, broadcasters, etc.] or spiritual vocations [monks, nuns, etc.]) who: (1) two (2) years instantly earlier than the submitting of the applying on Type I-129 has been a member of the spiritual denomination having a nonprofit spiritual group within the U.S.; and (2) shall be working for the U.S. spiritual group or affiliate.
The R-1 standing is initially for 3 (Three) years, however restricted to a most of 5 (5) years. The partner and minor youngsters could accompany or comply with to hitch in R-2 standing.
The R-1 spiritual employee could also be eligible once more for a similar standing after 5 (5) years, if she or he resides outdoors of the U.S. for one yr, until she or he is ready to alter to lawful everlasting resident standing as a particular immigrant (Kinds I-360 and I-485).
(b) I visas are for representatives of media (international press, tv, radio, movie, and many others.) who will carry out solely their vocation within the U.S. They could be employed by a department, subsidiary, or affiliate within the U.S. of the international media company to carry out actions for the good thing about the international media.
Their admission is for length of standing, which might be indefinitely. And so they could alter to lawful everlasting residence with out restrictions. Dependents designated additionally as “I” are required separate employment authorization to work within the U.S.
(c) D visas are for international crewmen who’re coming to the U.S. to hitch and work on board a vessel. They embody crewmen for the conventional operation of the vessel in addition to trainees, cooks, workers of concessions on board equivalent to barbers, beauticians, and waiters on cruise ships.
They could be issued C-1 (transit) visas to hitch the ship within the U.S. Thereafter, they might be issued Type I-95 (touchdown allow) to be allowed in U.S. ports.
Preliminary admission is for twenty-nine (29) days. No extension nor change of standing is allowed. If solely on C-1 visa, they can not alter standing to lawful everlasting resident. If on D standing, they can not alter even when married to a U.S. citizen, until grandfathered beneath Part 245(i) of the Immigration and Nationality Act (a family or employment-based immigrant petition was filed on or earlier than January 14, 1998, or the most recent earlier than April 30, 2001, [if the later applicant were physically in the U.S. on December 21, 2000]).
(d) A and G diplomatic and worldwide organizations visas are for ambassadors, ministers, diplomats, officers, and their households (A-1), different officers and workers of international governments and their households (A-2), and personal workers and servants (maids) of A-1 and A-2 and their households (A-Three), in addition to resident consultant, employees, and households of everlasting mission of a international authorities to the U.N., I.M.F., O.A.S., and many others. (G-1), different accredited representatives of international authorities, army officers, personnel, and fast households (G-2), in addition to G-1 and G-2 from international governments not acknowledged by the U.S. (G-Three), officers and workers of worldwide organizations and fast households (G-Four), and lastly attendants, servants, and personal workers of G-1 to G-Four, who could also be admitted for 3 (Three) years with renewals (G-5).
5. O and P Leisure Visas:
(a) O visas are for aliens who’ve “extraordinary capacity within the sciences, arts, schooling, business or athletics,” who’ve demonstrated such capacity “by sustained nationwide or worldwide acclaim.”
They enter the U.S. to proceed the kind of work they do overseas, though the work within the U.S. doesn’t require an individual of extraordinary capacity.
O-1 candidates can not self-petition; they’re petitioned by means of Type I-129 by U.S. agents or promoters of their creative or athletic performances on particular occasions, who submit itineraries with the applying to USCIS.
Individuals helping O-1 candidates as integral a part of their performances could also be issued O-2 visas, and spouses and kids of O-1 and O-2 beneficiaries could accompany or comply with to hitch them on O-Three standing.
O-1 and O-2 petitions are required to include written advisory opinion from the correct union or guild, testifying to the beneficiary’s experience/abilities and “no objection” to the efficiency(s) or occasion(s) in the US, until re-entering the U.S. to carry out comparable actions inside two (2) years of acquiring session, or merely requesting for extensions of keep.
Preliminary admission is for the time the USCIS approves to carry out the actions, however not exceeding three (Three) years. Extensions of 1 (1) yr increments could also be granted for a similar occasion(s) or sequence of performances.
(b) P visas are notably for internationally-recognized athletes or group performers, equivalent to musical teams or bands performing for at the very least one (1) yr, (P-1A) in addition to individuals who’re integral or important a part of an leisure group who’ve had a sustained and substantial relationship with the group for at the very least one (1) yr (P-1B).
Worldwide recognition and the one (1) yr relationship could also be waived for sure performers. P visa holders are allowed to remain briefly to carry out in competitors or occasion or efficiency. Spouses and minor youngsters could come accompanying or following to hitch as P-Four.
As in O visas, session with a correct union or guild is required for P petition (Type I-129) approval. P-1 athletes could also be admitted as much as 5 (5) years with one (1) extension, whereas admission of a P-1 leisure group could not exceed one (1) yr. And spouses and kids could also be admitted throughout keep of the principal beneficiary 工作簽證
6. L-1 and TN Visas:
(a) L-1 visas are for intra-company transferees, who’re employed overseas as managers, executives, or individuals with specialised talent for one (1) yr of the previous three (Three) years by a mum or dad, department, subsidiary, or affiliate of a U.S. company, earlier than the submitting of its software (Type I-129).
The alien beneficiary enters to work in a managerial or govt (L-1A) capability, or in work involving specialised information (L-1B) for the U.S. company, which can be for revenue or nonprofit. No prevailing wage is required as compensation, and the job needn’t be full-time.
Furthermore, the mum or dad and subsidiary corporations overseas and within the U.S. needn’t be in the identical business or occupation. Neither is there any capitalization requirement for the U.S. company.
Other than the common Type I-129 payment of $320.00, a one-time fraud payment of $500.00 is required for L-1 purposes. If the U.S. company is a start-up, admission for L-1 is for one (1) yr. In any other case, managers and executives are restricted to seven (7) years and people with specialised information to 5 (5) years. Spouses and kids could also be admitted on L-2 visas throughout keep of the principal beneficiary.
Spouses of L-1 could also be issued employment authorization (Type I-766) for the interval of keep to not exceed two (2) years.
(b) TN visas are for residents kind Canada and Mexico coming to have interaction in skilled actions for U.S. employers beneath the North American Free Trade Settlement (NAFTA), signed on December 08, 1993.
NAFTA defines “actions at an expert degree” as requiring “at the very least a baccalaureate (bachelor’s) diploma or applicable credentials demonstrating standing as an expert.” The laws (eight C.F.R. §214.6(c)) record the professions lined by NAFTA.
No Type I-129 is required, nor a labor situation software (LCA), nor a labor certification approval, solely documentation at a port of entry or station for Canadians. A TN visa is required for Mexicans, however likewise no permitted Type I-129, nor LCA.
Type I-94 (Departure Doc) is issued as a a number of entry for one (1) yr and might be prolonged on Type I-129. No license to observe is required to enter as a TN, however licensure could also be enforced by the state agency concerned.
***This text doesn’t represent authorized recommendation or a authorized opinion on any particular information or circumstances. Its contents are supposed as basic info solely. The reader is urged to seek the advice of his/her personal attorney regarding his/her particular authorized questions.)