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Working In The U.S
Working In The U.S.
The United States offers several options to enter
and live as a temporar y worker or as a
“non-immigrant.”
Below is a list of some of the various ways that you
can qualify for a work visa.
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Working In The U.S
1.
E-1 Visa (Treaty Traders)
2.
E-2 Visa (Treaty Investors)
3.
Specialty H-1B Visa (Persons in a
Specialty Occupation
4.
H-2A Visa (Agricultural Workers)
5.
H-2B Visa (Seasonal Workers)
6.
I Visa (Representatives of Foreign
News Media)
7.
L-1 Visa (Intra-company Transferees)
8.
O-1 Visa (Persons of Extraordinary
Ability)
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Working In The U.S
9.
P-1 Visa (Athletes, Entertainment
Groups and Their Support Personnel)
10.
P-2 Visa (Artists or Entertainers Under
a Reciprocal Exchange Program)
11.
P-3 Visa (Artists or Entertainers in a
Culturally Unique Program)
12. R-1 Visa (Members of Religious
organizations
13. TN Visa (Canada)
14.
TN Visa (Mexico)
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Working In The U.S
#1. E-1 Visa (Treaty Traders)
The E-1 Treaty Trader Visa allows nationals from
countries that maintain an appropriate treaty of
c o m m e rc e a n d n av i g a t i o n o r b i l a te r a l
agreements in effect with the U.S. to enter the
U.S. to conduct trade between the U.S. and their
home country. Learn More
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41
Working In The U.S
#2. E-2 Visa (Treaty Investors)
The E-2 Treaty Investor Visa allows nationals from
countries that have treaties of commerce and
navigation or bilateral agreements in effect with
the U.S. to enter the U.S. for the purpose of
directing and developing the operations of an
enterprise they have invested in, or are in the
process of investing a substantial amount of
capital. Learn More
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E-2 Visa (Challenges)
I am from South Korea. I am looking to buying
an existing business or starting a franchise in the
My Case Scenario
U.S., but so far I haven't found a business or
Min-Jun
franchise completely to my liking. Can I apply for
E-2 Visa even if the business has not been
purchased but is in the process of a review to buy?
If I were to invest, say $50,000 (in a US business
that may require about $200,000), would this
make a good case for receiving an E-2 Visa? If not,
can you suggest a dollar amount that must be
invested for the E-2 Visa? How many jobs must I
create on an E-2 and can I travel freely in and out of
the US on an E-2 Visa? Also, will an E-2 allow me to
bring my wife and children along with me to the US?
VisaPro Attorney Says (Solutions)
For an E-2 Visa, you need to make a substantial
investment before you file the application. The
application for the E-2 Visa must show that you
VisaPro Attorney
have put a substantial amount of money at risk.
Thomas Joy
Hence, you cannot apply for an E-2 Visa while you
are in the process of a review to buy a business. You
have to take the risk, make the substantial
investment, and then file the application.
There is no prescribed minimum investment
amount for an E-2 Visa. While as a general rule of
thumb, an immigration officer may not seriously
consider an application unless the investment is
$100,000 or more, it cannot be said that
something less than a $100,000 won't work. It
depends on the type of business and how much
VisaPro Attorney Says (Solutions)
would normally need to be invested to start up that
type of business or buy that type of business.
VisaPro Attorney
Once you start the business, there is no specific
number of employees you need to hire in order to
seek an extension of E-2 status. For an E-2
extension, you just need to show that your company
is still operating, that you have revenue coming in
(more than what's simply required for you to make a
living), and that you are managing the company. If
the type of business you start would normally see
an increase in the number of employees, a
minimum increase may be expected. You don't,
however, have that pressure to hire a large number
of employees with an E-2.
Thomas Joy
VisaPro Attorney Says (Solutions)
Your wife and unmarried children under 21 years of
age may accompany you as a dependent and it is
not required that they should be citizens of a treaty
country.
VisaPro Attorney
Thomas Joy
Working In The U.S
#3. H-1B Visa (Persons in a Specialty Occupation)
The H-1B Visa allows U.S. companies with a
Federal Identification Number/IRS tax number to
employ a foreign professional to work in a
“specialty occupation” for up to six years.
Examples of specialty occupations include
accountant, computer analyst, engineer, financial
analyst, scientist or architect Learn More
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11 41
H-1B Visa (Challenges)
I am a software engineer working for an
Indian company in Mumbai. We also have an office
My Case Scenario
in the US. Our US office filed an H-1B for me last
Kumar
year, which was approved by the USCIS. I have an
H-1B Visa stamped in my passport, but I have never
used it to enter or work in the US. I am getting
married soon and my fiancé works in the US on
H-1B. After the wedding I want to travel and work in
the US but there is some uncertainty on whether
my company will send me to US on H-1B or not. If
my current company does not offer me a position in
the US, can I take up employment with some other
company when I am in the US on H-4 Visa? If
another company offers to file a new H-1B for me,
will I be subject to the quota again?
VisaPro Attorney Says (Solutions)
The spouse and unmarried children under 21
years of age of an H-1B employee may seek
admission as dependents in the H-4 Visa category.
VisaPro Attorney
However, family members in H-4 status may not
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engage in employment in the United States. Hence,
you will not be able to take up employment in the
U.S. while in H-4 status. If, however, the petitioner
who filed the original H-1B petition on your behalf
decides to employ you before you leave India, you
may seek admission in the U.S. on your H-1B Visa
(you may be asked to show appropriate
documentation evidencing the offer of your H-1B
petitioner when entering the US).
Since you have already been counted against the
quota last year, you are not subject to the quota for
VisaPro Attorney Says (Solutions)
at least 6 years. This means that if the petitioner
chooses to employ you subsequent to your entry in
the US on the H-4 Visa, you can commence
employment once the petitioner has sought to
change your status from H-4 to H-1B by filing and
obtaining approval of a new H-1B petition
Alternatively, if after you have entered the U.S. on
the H-4 Visa, you are offered employment by a new
employer, you can seek to change your status from
H-4 to H-1B on the basis of an H-1B petition from
this new employer. This can be done at any time
because you are not subject to the quota. However,
you will not be able to take up employment with
them until the H-1B petition is approved.
VisaPro Attorney
Thomas Joy
Working In The U.S
#4. H-2A Visa (Agricultural Workers)
The H-2A Visa for agricultural workers establishes
a means for agricultural employers who
anticipate a shortage of domestic workers to
bring nonimmigrant foreign workers to the U.S. to
perform agricultural labor or services of a
temporary or seasonal nature Learn More
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Working In The U.S
#5. H-2B Visa (Seasonal Workers)
The H-2B Visa program permits employers to hire
foreign workers to come to the U.S. and perform
temporary nonagricultural work, which may be
one-time, seasonal, peak load or intermittent
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16 41
Working In The U.S
#6. I Visa (Representatives of ForeignNews Media)
The I Visa is available to foreign journalists and
representatives of radio, film or other information
organizations abroad who are traveling to the U.S.
to engage in information media activities
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Working In The U.S
#7. L-1 Visa (Intra-company Transferees)
The L-1 intra-company transferee visa is available
to employees of international companies who are
being transferred to a parent, branch, affiliate or
subsidiary in the U.S. The transferred employee
must be an executive, manager, or employees
with specialized knowledge. Learn More
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18 41
L-1 Visa (Challenges)
We
are a multinational company
headquar tered in Germany with a newly
My Case Scenario
established subsidiary in the US. We are looking to
Felix
transfer one of our senior managers, who is
currently working in London, to the US to head the
marketing division of our new US business. As the
US business is new, he will start alone and will be in
charge of adding new employees. He has a
Masters in Engineering from Germany and an MBA
from a top school in the US. We would like to know if
an L-1 would be possible for him. If yes, what
category would he fall into (L-1A or L-1B)? What
would be the procedure?
VisaPro Attorney Says (Solutions)
For an L-1 Visa, the company in U.S. and the
company outside the U.S. must be related - there
must be common ownership and control between
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the two companies. A related company in the US
Thomas Joy
can be an existing company or it can be, as in your
case, a newly created company. For an L-1 to be
possible,
Ÿ The new company in the US, and the company in
London where the beneficiary is currently
working must be 'related';
Ÿ The beneficiary must have worked for the
'related' company outside the U.S. in an
executive, managerial or specialized knowledge
capacity, for at least 1 year in the last 3 years.
VisaPro Attorney Says (Solutions)
You mention that you are looking to transfer one of
your senior managers to the U.S. to head the
marketing division of the new US company. The
L-1A is appropriate for multinational executives or
managers. However, to be considered an executive
or manager for L-1 purposes, USCIS expects that he
directs the organization or a major component of it
(executive) or supervises and/or controls the work
of other managers, professionals and/or
supervisors (manager).
As the US subsidiary is newly established and has
no employees, the “New Office L-1” is the most
appropriate vehicle to kick-start the US operations.
Under a New Office L-1, the beneficiary would be
admitted for 1 year initially to literally start-up the
VisaPro Attorney
Thomas Joy
VisaPro Attorney Says (Solutions)
operations in the U.S. In order to seek an extension
beyond the first year, you must be able to show at
the end of the year that the new office in US has
grown to a stage - both in terms of revenues and
number of employees - to justify the need for a
manager or executive to be in the US after that first
year.
L-1 Procedure:
There are 2 steps in the L-1 process. The company
in the US must first file an L-1 petition on behalf of
the beneficiary to the US Citizenship & Immigration
Services. Once that petition is approved, the
beneficiary must apply for an L-1 Visa at a US
Consulate outside the US.
VisaPro Attorney
Thomas Joy
Working In The U.S
#8. O-1 Visa (Persons of Extraordinary Ability)
The O-1 Visa is available to people of
“extraordin-ary ability” in the field of arts, science,
education, business or athletics. You must have
achieved a level of expertise indicating that you
are among the few individuals who have risen to
the very top of the field of endeavor. Learn More
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23 41
O-1 Visa (Challenges)
I
am an actor, stuntman and stunt
coordinator from the UK. I am well-known in my
My Case Scenario
industry as I have been in more than 100 movies. I
Oliver
have won a handful of movie awards for my
performances and I am paid at least twice what
others get paid in my profession. I now have
someone in the US proposing that I do stunt work in
Hollywood. Can you suggest which visa option
would allow me to work legally in the US? I do not
have college education.
VisaPro Attorney Says (Solutions)
Based on your background, an O-1 Visa is a
possible visa option for you. If you can demonstrate
a record of extraordinary achievement in the
VisaPro Attorney
motion picture or television industry, and if you are
Thomas Joy
recognized nationally or internationally for those
achievements, you could be eligible to seek an O-1
Visa as an Individual of Extraordinary Ability.
To qualify as an alien of extraordinary achievement
in the motion picture or television industry, you are
going to need evidence of you winning national or
international awards, articles about you in
newspapers and in magazines and other evidence
that shows that you are highly regarded for your
achievements as compared to your peers in your
country or regionally. You should also be able to
VisaPro Attorney Says (Solutions)
back your evidence up with opinion letters from
people recognized in the industry as experts and
outstanding, who know you and can attest to the
level of your accomplishments.
O-1 Procedure:
The prospective US employer or agent must file an
O-1 petition with the US Citizenship and
Immigration Services.
The petition must be
accompanied by a contract or itinerary of work and
a No Objection Statement from trade and/or union
organizations. After the petition is approved, you
must attend a Visa interview at a US Consulate
outside the US Once the O-1 Visa is stamped in your
passport, you are free to travel to the US.
VisaPro Attorney
Thomas Joy
Working In The U.S
#9. P-1 Visa (Athletes, Entertainment Groups
and Their Support Personnel)
The P-1 Visa is available to athletes and
i n te r n a t i o n a l l y r e c o g n i z e d a r t i s t s a n d
entertainment groups who would like to enter the
U.S. to participate in internationally recognized
events for a U.S. employer, or an international
employer wor-king through a U.S. Agent.
Learn More
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27 41
Working In The U.S
#10. P-2 Visa (Artists or Entertainers Under
a Reciprocal Exchange Program
The P-2 Visa is available to artists and entertainment groups, and their support personnel who
would like to enter the U.S. to perform under a
reciprocal exchange program between the U.S.
and the foreign country. Learn More
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28 41
Working In The U.S
#11. P-3 Visa (Artists or Entertainers in a
Culturally Unique Program)
The P-3 Visa is available to foreign nationals
coming temporarily to the U.S. to perform, teach,
or coach as artists or entertainers, individually or
as part of a group under a commercial or
noncommercial program that is culturally unique.
Learn More
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29 41
P-3 Visa (Challenges)
We are a NY-based cultural group focusing
on promoting international arts. We are currently
My Case Scenario
planning to bring folk artists from Thailand for a
Martha
month-long performance across the U.S. Being a
volunteer organization which has just begun to
invite/engage/host international artists, we are a
bit unclear about the Visa formalities. Because the
folk art the artists perform is unique to their region,
we think that a P-3 Visa may be appropriate. How
can we confirm it? Can you help us understand the
application process for a P-3 Visa? How long does it
take to process? If a P-3 is applicable, for how long
can we have them here on P-3? Can we extend their
stay on P-3 if performances get extended beyond
the original itinerary?
VisaPro Attorney Says (Solutions)
The P-3 Visa is available for foreign nationals
coming temporarily to the U.S. to perform, teach, or
coach as artists or entertainers, individually or as
VisaPro Attorney
p a r t o f a g ro u p u n d e r a c o m m e rc i a l o r
Thomas Joy
noncommercial program that is culturally unique.
Based on the information provided, a P-3 could
match your needs.
To sponsor a P-3 Visa for the group, your
organization must file a P-3 petition to classify
them as a culturally unique entertainment group
that is coming to the U.S. to be give culturally
unique or traditional performances. You must also
provide information about the specific tour period
and itinerary. You also must obtain expert opinions
that it the art form that is being performed is an
VisaPro Attorney Says (Solutions)
authentic, culturally unique, folk art form. A P-3
petition may take approximately 2-6 weeks for
adjudication.
After USCIS approves the petition, the Thai artist
group will have to make an appointment for a Visa
interview at a U.S. Consulate outside the U.S. After
they get the P-3 Visa stamp in their passports, they
can come to the US and perform in the US.
The group will be allowed to enter the US for the
period of time required to complete their events as
per the itinerary, subject to a maximum of 1 year. If
the performances get extended, you can seek
extensions in increments of up to 1 year in order to
continue or complete the event.
VisaPro Attorney
Thomas Joy
Working In The U.S
#12. R-1 Visa (Members of Religious Organizations)
The R-1 Visa is available to foreign members of
religious denominations coming to work for a
related nonprofit religion organization in the U.S.
as a minister or in
a religious vocation or
occu-pation Learn More
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Working In The U.S
#13. TN Visa (Canada)
The North American Free Trade Agreement
(NAFTA) established a special TN nonimmigrant
visa category which enables Canadian Citizens to
be admitted to the U.S. to engage in ‘business
activities at a professional level’. Learn More
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34 41
Working In The U.S
#14. TN Visa (Mexico)
The North American Free Trade Agreement
(NAFTA) established a special TN nonimmigrant
visa category, which enables Mexican Citizens to
be admitted to the U.S. to engage in ‘business
activities at a professional level. Learn More
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35 41
TN (Challenges)
I am a Canadian Citizen. An Oregon-based
company has offered me a job as an accountant. I
My Case Scenario
want to apply for TN Visa as I am told that it is the
Emma
best visa to apply for as a Canadian Citizen to work
in the US. Can you please let me know what the
process is? How long will it take? Do I have to
obtain a Visa at the U.S. Consulate?
What
documents do I need to gather and what must I
bring with me to the interview? What information
should my prospective employer indicate in the
letter that I require to bring for TN Visa? Also, can I
get a TD Visa for my wife who holds an Australian
passport?
VisaPro Attorney Says (Solutions)
The
TN Visa classification allows qualified
Canadian and Mexican Citizens to entry U.S. to
engage in business activities at a professional
VisaPro Attorney
level. The TN, however, is open only to individuals in
Thomas Joy
a predetermined list of occupations, which
includes accountants.
Canadian Citizens are not required to apply for a TN
Visa at a U.S. Consulate. You may establish
eligibility for TN status at the time you seek
admission to the United States by presenting
required documentation at certain designated
Por ts of Entr y or pre-clearance/pre-flight
inspection stations.
VisaPro Attorney Says (Solutions)
When presenting yourself to an immigration officer
at the border or pre-clearance station, you should
carr y your Canadian passpor t, academic
credentials documentation and a letter from your
prospective U.S. employer. The letter from your
prospective employer must contain details like the
professional capacity in which you will work in the
United States, the purpose of your employment,
your length of stay, your educational qualifications
and the terms of employment, including salary and
any other benefits.
Your wife and children under the age of 21 may be
eligible for TD nonimmigrant status, regardless of
their nationality. They must however provide proof
of their relationship with you. Any dependents who
are not Canadian nationals must seek to obtain a
TD Visa at a U.S. Consulate outside the U.S.
VisaPro Attorney
Thomas Joy
Working In The U.S
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VISAPRO ATTORNEYS
Thomas Joy
Ancy S. Varghese
A.R. Keshmiri
Over 36 years of immigration
Specialized expertise in EB-1
Over 12 years of immigration
law experience
and EB-2 NIW green cards
law practice
Near 100% success helping
Highly successful in securing
Thousands of cases handled
clients with immigration-
O-1 Visas
successfully
matters
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Working In The U.S
ABOUT VISAPRO
VisaPro was established in October 2002 with a dream to provide exceptional U.S.
immigration legal services at reasonable costs to companies and individuals around
the globe and today we are proud to say that we have succeeded. VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
Employer Immigration Compliance
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