|Who is eligible?||Certain foreign professionals in “specialty occupations”||Temporary Agricultural workers from certain designated countries||Seasonal Non-Agricultural Temporary Workers|
|Duration||Admitted for a period of up to three years; may be extended for up to six years||Admitted for a period of approved employment, may be renewed for qualifying employment in increments of one year. Maximum allowed stay of three years.||Admitted for one year, can be renewed twice for a total of three years.|
|May the Foreign Workers bring their spouses and children under 21.||YES||YES||YES|
No matter which H Visa you decide to apply for you need to have a US Employer file a Petition on your behalf.
Call our office to schedule a free consultation if you have a US Employer that would like to file a Petition on your behalf.
Do you have an extraordinary ability in your country that no other possesses? Have you been recognized nationally or internationally for those achievements?
If you answered yes to the question above you may qualify for an O-Visa.
What is an O Visa?
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or has demonstrated a record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
O Visas are broken down in the following way:
O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2: Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be essential to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
O-3: Individuals who are the spouse or children of O-1’s and O-2’s.
If you possess extraordinary ability in one of these areas give our office a call to schedule a consultation so that we can help you obtain your O Visa.
Are you an accountant, engineer, lawyer, pharmacist, scientist, or teacher and a citizen of Canada or Mexico (other professions apply)?
You may qualify for a TN Visa.
If you are a Canadian Citizen you may apply for a TN Visa in two ways
- Apply at the border with a CBP officer and provide the following documentation to the CBP officer:
- Proof of Canadian citizenship
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
- Have Employer file Form I-129, Petition for Nonimmigrant Worker with USCIS. Once approved by USCIS, Canadian Citizen may present approved application to CBP Officer.
If you are a Mexican Citizen you are required to obtain your TN nonimmigrant visa in a U.S. embassy or consulate in Mexico. Once approved by the consulate you may present the Visa at the CBP- designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection
Do you work for a Media Company in your country?
If you answered yes you may want to look into obtaining an I-Visa.
How do I know if I am eligible for an I- Visa?
You may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa, if you:
- Represent a foreign information media outlet (press, radio, film, or other foreign information media)
- Are coming to the United States to engage solely in this profession; and
- Have a home office in a foreign country
What occupation qualify under this category?
Occupations under this category include reporters, film crews, editors, and similar occupations.
Can my spouse and children come with me under this visa?
Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.
Contact our Office for more Information on I-Visas.
What is an L- Visa?
An L visa is used for Foreign Companies that also have a similar Company in the United States or in the process of forming a company in the United States.
There are two types of L-Visas. The L-1A Intracompany Transferee Executive or Manager and the L-1B Intracompany Transferee Specialized.
The L-1A Intracompany Transferee Executive or Manager
The L-1A nonimmigrant classification allows a U.S. employer to transfer an executive or manager from one of its foreign offices to one of its offices in the United States.
The L-1A also allows a foreign company to send an executive or manager to the United States with the purpose of establishing an office in the US for those foreign companies that do not have an affiliated U.S. office.
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.
The L-1B also allows a foreign company to send a specialized knowledge employee to the United States to help establish an office in the US for those foreign companies that do not have an affiliated U.S. office.
The employer must file Form I-129, Petition for a Nonimmigrant Worker with a fee, on behalf of the employee.
Family of L-1 Workers
Can my spouse and children accompany me?
The transferring employee may bring his or her spouse and unmarried children who are under 21 years of age.
R-1 Temporary Nonimmigrant Religious Workers
For those whose job involves Religion, the best route may be to file a Religious Visa.
Who qualifies for a Religious Visa?
An individual whose job is in religious in nature, such as a priest, nun, pastor, monk. The foreign national must be employed for a least part-time (average of at least 20 hours per week).
Who does not qualify for an R Visa?
Occupations that include primarily administrative or support positions such as janitors, maintenance workers, clerical employees or fund-raisers or similar positions solely involved in soliciting donations do not qualify for an R Visa.
What kind of duties must the foreign worker be involved in?
Religious occupations are defined as occupations who duties must:
- Primarily relate to a traditional religious function;
- Be recognized as a religious occupation within the denomination; and
- Be primarily related to, and clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination
A prospective or existing U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of foreign nationals seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation.
At a glance Form I-129 may look like a simple Form to Fill Out, however there are many supporting documents that can be overwhelming for a lay person to gather and organize. At the Law Office of Bilu Law we take care of not only filing out the I-129 Form but also putting the I-129 Packet together so that you have the best chances that USCIS approve your R-1 Religious Visa.
Special Immigrant Religious Workers
A foreign national may obtain Permanent Resident Status as a Special Immigrant Religious Worker.
The special immigrant religious worker is under the employment-based fourth preference (EB-4) visa classification.
How do I know if I qualify as a special immigrant religious worker, the foreign national must:
- For at least the two years immediately preceding the filing of the petition have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States.
- Becoming to the United States to work in a full time (average of at least 35 hours per week) compensated position on one of the following occupations:
- Solely in the vocation of a minister of that religious denomination;
- A religious vocation either in a professional or nonprofessional capacity; or
- A religious occupation either in a professional or nonprofessional capacity.
- Be coming to work for a bona fide non-profit religious organization in the United States, or a bona fide organization which is affiliated with the religious denomination in the United States
- Have been working in one of the position in paragraph two continuously for at least two year period immediately preceding the filing of the petition.
A U.S. employer, or the worker on his or her own behalf, must file Form I-360, to request special immigrant religious worker classification.
I think I qualify as a Special Immigrant Religious Worker, what next?
The next step is to contact an Immigration Attorney. An Immigration Attorney will guide you and your employer in filing the proper paperwork and evidence in order to have a successful case.
Are you coming to the US to temporary work as an athlete, artist, or entertainer?
The P Visa is your visa.
The P classification is divided into six categories:
- P-1A: Three categories of athletes
- P-1B: Members of an internationally recognized entertainment group
- P-2: Artist or entertainer under a reciprocal exchange program
- P-3: Artist or entertainer in culturally unique program
- P-1S/P-2S/P-3S- Essential support personnel
- P-4: Spouse and unmarried minor children of P-1, P-2, or P-3 nonimmigrant