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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.


Temporary Visas

H-1B Specialty Occupation Visas
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.

H-1C Visa (Nurses)
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.

H-2B Non-Agricultural Temporary Workers
The H-2B visa applies to temporary workers performing services or labor that are not agriculatural in nature.

H-3 Temporary Trainees/Special Instruction
The H-3 visa allows a temporary worker to enter the United States for the purpose of receiving instruction and training.

J Exhange Visitor Visa
The J-1 Exchange Visitor visa allows persons to enter the United States to participate in educational or cultural programs.

O-1 Visa for Persons with Extraordinary Ability
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.

L-1 Intracompany Transfer 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.

E-1 Treaty Trader Visa
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).

E-2 Investor Visa
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.

I Visas for Representatives of Foreign Information Media
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.

TN Status
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.

Permanent Visas

EB-1 First Preference Employment Based Immigrants
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.

EB-2 Second Preference Employment Based Immigrants
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.

EB-3 Third Preference Employment Based Immigrants
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."

EB-4 Special Immigrant Visas - Religious 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.

EB-5 Fifth Preference Employment Creation (Investors)
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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