Business Visas
Foreign nationals are sometimes the best
candidate for a position. Immigration laws provide various visas
for the employment of foreign personnel. A brief description
of these visas follows. To receive more information, or to schedule
a consultation, please fill out our consultation
questionnaire.
For information concerning the health care industry, visit our
health care page. |

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H1-B visas are used by American employers to bring in specialty
occupation employees from other countries. A specialty occupation
is generally one which requires a bachelor's degree or higher degree
of education in the specific specialty. Click here
for information on sponsoring H-1B professionals.
The H-1C visa was designed to alleviate
nursing shortages in health professional shortage areas (HPSAs)
in the United States by allowing registered nurses to come temporarily
to the United States to perform services at hospitals in such areas.
The H-1C visa is based on the former H-1A
visa for nurses, which is now expired. Although similar, the H-1C
visa is more restricted than the H-1A visa was, due to the annual
numerical cap and the greater number of attestations that facilities
are required to make before petitioning for H-1C nurses.
The H-1C visa category will expire on June 13, 2005. Therefore,
all H-1C petitions must be filed by that time. In addition, H-1C
nurses may not be admitted to the U.S. after June 13, 2005. Click
here for more information on immigration
options for nurses.

The H-2B visa applies to temporary workers performing services or
labor that are not agriculatural in nature.
The H-3 visa allows a temporary worker to enter the United States
for the purpose of receiving instruction and training.
The J-1 Exchange Visitor visa allows persons to enter the United
States to participate in educational or cultural programs.
For persons who have "extraordinary ability in the sciences,
arts, education, business or athletics which have been demonstrated
by sustained national or international acclaim." Persons assisting
or accomapanying an O-1 visa holder may be eligible for an O-2 visa.
Applies to employees of a foreign employer seeking to enter the
United States to continue to work for same employer. The employee
must continue to work in a capacity that is managerial, executive
or involves specialized knowledge. While full time empoyment is
not required, the employee must dedicate a significant portion of
his or her time on a regular and systematic basis to the employment.
Click here for information
on employment authorization for L spouses.
Applies to persons coming to the United States to carry on substantial
trade principally between the U.S. and the treaty country (of which
the trader must be a native).
A person who has invested or is actively in the process of investing
in the United States may be eligible for an E-2 visa.
The I visa is available for those persons entering the United States
for the purpose of working for foreign information media, such as
foreign press, radio or film.
Under the North American Free Trade Agreement (NAFTA), Canadian
and Mexican professionals are permitted to enter the United States
to work for U.S. employers for up to one year at a time. To qualify,
the professional must have at least a baccalaureate degree or appropriate
credentials specified by NAFTA.
Under this category, persons of extraordinary ability in sciences,
arts, education, business or athletics may enter the U.S. on a EB-1
visa. For persons of extraordinary ability, no job offer is required
but the applicant does need to show that s/he intends to pursue
work in the U.S. in his/her area of expertise. EB-1 category also
applies to outstanding professors and researchers who are recognized
internationally as outstanding in a specific academic area with
three years experience in teaching or researching in the field.
No labor certification is required but the applicant must have a
job offer in the U.S. The final category of workers eligible for
an EB-1 visa are multinational executives and managers. In order
to qualify, the applicant must have been employed by the petitioner
for at least one year (in the last three years). The employment
must have been in an executive or managerial position and the applicant
must be coming to the U.S. to work in an executive or managerial
capacity.
This category applies to members of professions holding advanced
degrees or aliens of exceptional ability in the sciences, arts or
business. A job offer and labor certification are required. The
Attorney General may waive this requirement if it is in the national
interest.
This category applies to skilled workers, professionals and
other workers. A job offer and labor certification are required
for this visa category. "Other workers" includes all workers
who have less than 2 years training or experience. Only 10,000 visas
may be issued annually for "other workers."
Certain religious workers may be eligible for an EB-4 Visa if they
have been part of a religious domination for at least two years
preceding the application. The work may have also be done in the
U.S. Religious workers may qualify for a green card through employment.
Persons who create a new commercial business, invest $1,000,000
(or, in some cases, $500,000) and employ ten U.S. citizens or authorized
immigrant workers full time may be eligible for an EB-5 Visa.
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