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Expert Immigration assistance

Non-immigrant work visas to USA

Employment  is consistently for a fixed period of time, and the employer is required to commence the employment process by submitting a petition (I-129 Form) on behalf of the applicant. Upon approval of the petition, the applicant can apply for a Change of Status if lawfully present in the US, or can apply for a US work visa abroad.


H-1B Visa (Specialty Occupations)


  • Purpose: For workers in occupations requiring specialized knowledge, often in fields such as IT, finance, engineering, science, medicine, business, etc.
  • Requirements: Applicants must hold a bachelor's degree or higher that is essential for the job they are applying for. 
  • Duration: Initially granted for up to three years, with the possibility of extension for up to six years.  



H-2A Visa (seasonal agricultural workers)


  • Purpose: Alows U.S. employers to bring foreign nationals to the United States to fill temporary or seasonal agricultural jobs for which U.S. workers are not available. 
  • Requirements:  Applicants must show that they possess sufficient qualifications for the position for which they are being considered. 
  • Duration: Initially issued for up to the period of time authorized on the temporary labor certification or approved petition. May be extended for qualifying employment in increments of up to 1 year each. The maximum period of stay in H-2A classification is 3 years. 



H-2B Visa (Temporary Work visa)


  • Purpose: For foreign workers to fill temporary seasonal jobs in the U.S. 
  • Requirements: Applicants have to demonstrate that they are qualified enough for the position for which they are being recruited. 
  •  Duration: Initially granted for the duration specified in the temporary labor certification or in the approved petition, the H-2B visa can be extended for eligible employment in increments of up to 1 year. The total maximum period of stay in H-2B status is 3 years.



 L-1 Visa (Intracompany Transferees)


  • Purpose: Facilitates the transfer of key employees (managers, executives, or specialized knowledge staff) to run or establish a U.S. branch, subsidiary, or affiliate of the foreign business.
  • Requirements: Must have been employed by the multinational firm abroad continuously for one year within the three years preceding the application.
  • Duration: Can be granted for up to three years initially, extendable to a total of seven years for managers and executives (L-1A) and five years for specialized knowledge staff (L-1B). With some exceptions, readmission will be granted after a one-year stay outside the US.



 O-1 Visa (Individuals with Extraordinary Ability or Achievement)


  • Purpose: For individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
  • Requirements: Must demonstrate a record of extraordinary achievement and recognition in their field.
  • Duration: Typically issued for the length of the event, performance, or competition, up to three years, with extensions possible.



R-1 Visa (Religious Workers) 


  • Purpose: Allows religious workers to work for a qualifying nonprofit religious organization or church in USA for a maximum period of 5 years. 
  • Requirements: Be a member of the same religious denomination as the religious organization you plan to work for in the USA. 
  • Duration: Initially valid for 3 years, it can be extended for 2 more years. 



NT NAFTA Visa (For Qualified Canadian and Mexican Citizens Only)


  • Purpose: Qualified Canadian and Mexican citizens may be engage temporary in business activities at a professional level, under the North American Free Trade Agreement (NAFTA).
  • Requirements: Canadian and Mexican citizens who have specific professions, such as accountants, engineers, lawyers, pharmacists, scientists, and teachers who qualifies under the regulations. 
  • Duration: The maximum period of admission into the U.S. is 3 years with possible extensions.


Note:  Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants in this category without an approved petition, labor certification, and even without a visa. 

For detailed info, just contact us. 



Application Process


If agreed to hire you, the US employer must generally apply for the labor certification with the Department of Labor and then to file a Petition for a Nonimmigrant Worker (Form I-129), with the U.S. Citizenship and Immigration Services (USCIS). 

 

If approved, this petition opens room for a work visa application in US Embassies/Consular sections abroad, if the applicant is outside United States, or for Change of |Status, if lawfully presented in the USA.


When ready to apply for a work visa, you must complete the DS-160 Form (Online Nonimmigrant Visa Application Form), to pay the Visa application fee and to create your profile in the Visa application system that serves the relevant U.S. Embassy or Consular section where you will apply. 


At the visa interview you must present the approved I-129 petition, or paper copies of the I-797 Notice of Action for the approval of the petition. 

Usually, all work visas are limited to the petition expiration date, except L-1 visas (they are with 5 years validity). 

If you are an L-1 applicant on a blanket petition, you must pay a fraud prevention and detection fee (at the time of filling out this information the fee is $500 payable immediately before the interview).


Do not neglect the visa application procedure. It is a complicated process, and even if USCIS approves your petition, it does not ensure that a visa will be granted. These are two separate processes managed by different departments of the U.S. government.


Dependents


Upon the approval of the petition, spouses and children who are eligible dependents may apply directly to the US Embassy or Consulate for a dependent visa, either with or after the primary applicant. If already in the USA ( lawfully) they may apply for a Change of Status within USCIS.


Spouses and unmarried children (under age 21) of H-1B holders are not permitted to work while in the United States. 

Spouses of L-1 holders are considered employment authorized and thay are eligible for employment. 

Spouses of O and P workers may not work in the United States under this classification. 



We are able to assist employers in gathering the necessary documentation for petition filings. 

Additionally, we can assist prospective employees with their visa applications while they are abroad, or with the change of their status, if in the USA.


Need help? Contact us now!  


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