H-1B Visa: Specialty Workers

To help you start early and maximize your chance, contact us early! We provide flat rate on H-1B petitions.

H-1B temporary work visa allows U.S. employers to temporarily employ foreign workers in specialty occupations.

For H-1B Cap Visa, a total of 85,000 quota is available each year. This includes 65,000 quota for beneficiaries with bachelor's degree, and 20,000 quota for beneficiaries with master's or higher degree.

H-1B work visa is highly sought because it allows the beneficiary to have "dual intents" for both non-immigration and immigration purposes. Unlike F-1 student visa, you can apply for the permanent residency ("green card") while on H-1B status without jeopardizing your H-1B status. In fact, it is most commonly used way to obtain green card for working foreign nationals with employer sponsorships.

“Specialty occupation“ is defined to mean “an occupation that requires:

1. theoretical and practical application of a body of highly specialized knowledge, and
2. 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.

To apply for H-1B status, it requires a sponsoring U.S. employer. So the first step is to receive a job offer from an employer that is willing to sponsor for H-1B. An employee is the beneficiary of the petition while the petitioner is the employer.

Educational equivalence can be demonstrated by providing evidence through:

1. Education

2. Specialized training

3. Progressive work experience

One of the following requirements of the foreign employee’s job must be met:

1. The job normally requires a bachelor’s degree or higher

2. The degree requirement is common for this type of position

3. The employer usually requires a degree for this job

4. The specific duties is so specialized that knowledge equivalent to a bachelor’s degree is required

A successful H-1B petition involves two steps:

1. obtaining a Certified Labor Condition Application (LCA) with the Department of Labor, and

2. filing the complete H-1B application with USCIS in the timely manner.

A spouse of H-1B beneficiary can apply for H-4 Visa, which will allows the spouse to stay in the U.S. However, H-4 visa is not eligible to work in the U.S.

Because the process is very complex and quota is limited, you should contact an experienced immigration attorney immediately to strategize your H-1B petition after securing a job offer. It is always recommended to start early so you have enough time to obtain all the necessary documents from the employer.

For H-1B Cap Exempt Visa, there is no quota limitation on how many work visas are available each year. This is a great way to apply for work visa if you are qualified under this category.

The H1B cap does not apply to organizations filing the H1B petitions if they are institutions of higher education (or related non-profit entities), non-profit research organizations, and government research organizations.

Many foreign nationals are not aware that these companies and organizations are exempt from the H1B cap and can sponsor an H1B visa any time of the year.

To determine whether you are qualified for H-1B Cap Exempt Visa, contact us with a free evaluation!

Other work visas available in the U.S. offer even more opportunities for worldwide talents:

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

1. O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

2. O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

3. 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

4. O-3: individuals who are the spouse or children of O-1’s and O-2’s.

L-1 Visa: Intracompany Transferee

The L-1 Visa is a non-immigrant visa designed to allow companies transfer its foreign workers to the U.S. operations and possible to obtain permanent residency later. To qualify for L-1 Visa:

1. you have to be a manager, executive, or specialized knowledge employed by a foreign business entity, and

2. you have been working abroad for at least one continuous year within the past 3 years, and

3. you company abroad is related to the U.S. business you will establish, while the foreign entity will continue to do business, and

4. you will be coming to the U.S. to open a new office location for your company. The new office will be active and operating shortly after you arrive in the U.S. as an L-1.

In addition, the petitioning U.S. entity must have a qualifying relationship with your entity abroad. Sufficient physical space must be secured for a new office. A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay. And after 1 year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification.

Contact our firm for more information about L-1 Visa.

E-1/E-2 Visa: Treaty Trader or Treaty Investor

U.S. Immigration law and regulations permit holders of E visas to reside in the United States to manage the trade or investments of a U.S. business (the “Enterprise”) or, in certain cases, to provide essential skills to the Enterprise. Holders of E visas must intend to depart the United States upon the termination of their E visa status.

Treaty visas are authorized on the basis of treaties of commerce and navigation between the United States and certain countries.

The E-Visas permit the investor/trader and his/her family to live in the United States during the validity period of the visa. These visas are not immigrant visas; consequently, you are allowed to live in the U.S for as long as the conditions under which the visa was granted remain valid. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from U.S. Citizenship and Immigration Services in the U.S. This authorization must be applied for after your arrival in the U.S. Please ask the Immigration Officer at the port of entry for details.

Contact our firm for more information about E-1/E-2 Visa.

E-3 Visa: Certain Specialty Occupation Professionals from Australia

The E-3 Visa applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the U.S.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate that you:

1. Are a national of Australia, and

2. Have a legitimate offer of employment in the United States, and

3. Possess the necessary academic or other qualifying credentials, and

4. Will fill a position that qualifies as a specialty occupation.

Contact our firm to see if you are qualified for applying for E-3 Visa.

TN Visa: Nonimmigrant NAFTA Professional

The TN Visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.

The North American Free Trade Agreement entered between the United States and Canada created simplified visa processes to the US. There are four visa types which are covered under the NAFTA agreement:

1. B–1 temporary visitors for business under section 101(a)(15)(B) of the Act

2. E–1 or E–2 treaty traders and treaty investors under section 101(a)(15)(E) of the Act

3. L–1 intracompany transferees under section 101(a)(15)(L) of the Act; and

4. TN professional level employees under section 214(e) of the Act.

The most common type of NAFTA visa is the TN visa, which allows professionals from Mexico and Canada to enter the US and to work for US employers.

Professionals in Canada or Mexico may receive a TN visa designation to enter the US to accept employment if all the following requirements are fulfilled:

1. The alien is a citizen of Mexico or Canada;

2. The position sought is on the NAFTA list;

3. The Mexican or Canadian professional received a part or full time job offer from a US employer; and

4. The Mexican or Canadian professional is otherwise qualified to fill the particular position.

For more information about how to apply for TN Visa, contact our firm to see if you may be qualified.

R-1 Visa: Temporary Nonimmigrant Religious Workers

An R-1 is a foreign national who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week) by:

1. A non-profit religious organization in the United States;

2. A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or

3. A non-profit religious organization which is affiliated with a religious denomination in the United States.

This visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.

To qualify, a foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.

To apply for R-1 Visa, contact our firm so we can help you complete your mission.

More routes of work visa are available for worldwide talents to come to the U.S. Our creative immigration team will assist you in every possible way to get your goal fulfilled!