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A General Introduction to US work visas
If you are not certain about what
you need to do when bringing a non-US national to work for you,
don’t worry – this is entirely normal. There are almost
60 different types of temporary US visas in addition to several
routes to permanent residence ‘the green card’. This
guide will not make you an expert, and is no substitute for professional
advice, but it should make you familiar with the territory.
If you have not researched this area before, you may be thinking
in terms of getting a ‘green card’ for your staff.
Unfortunately, ‘green card’ applications usually take
a long time so, even if this is the ultimate goal, you will probably
need to begin by applying for a temporary work visa (once the
candidate arrives in the US, you can begin working on the long
term project of arranging the ‘green card’).
If you are going to need someone for less than 6 months, a sensible
first question is – can the work be done by someone on a
visitor’s visa (or visa-waiver), or will I need to get a
‘proper’ work visa? Visit visas in the US are called
B1 or B2 visas.
The other ‘easy way out’ is if the candidate you
want to hire is a Canadian. Treaties between the US and Canada
mean that it is far easier to get a work visa if the candidate
is Canadian. Unfortunately, Canada suffers from many of the same
skills shortages as the US, so you will probably need to look
at the ‘mainstream’ visa types for non-Canadian citizens.
There are three main categories of US work visa for professionals.
The H1B visa is probably the most famous – or rather ‘infamous’
given the constant battles in Congress over the controversial
issue of how large the H1B quota should be. If it were not for
the fact that these quotas can run out rather early in the fiscal
year, then the H1B visa would probably be the most useful type
of US work visa as virtually any US enterprise can use it for
either hires or intra-group transfers.
The problem of H1B quotas means that you will probably want to
familiarize yourself with the other main type of visa used to
bring alien workers into the US. This is the L1 visa; these visas
can be used to transfer staff who have been employed for at least
one year in the last three by your parent, subsidiary or affiliated
companies outside the US.
The table below provides an ‘at a glance’ summary.
| Visa |
Designation |
Uses |
Max. Stay |
| B1 |
Business Visitor |
For business people making sales, conducting negotiations,
attending meetings and seeking investments. |
6 months |
| H1B |
Speciality Occupation Worker |
For individuals having the equivalent of a US bachelor degree
(Foreign degrees and/or work experiencemay be found to be
equivalent to a US bachelor degree). |
6 Years |
| L1A |
Intra Company Transferee |
For executives or managers who have worked for at least
one year in the past three for a foreign parent, subsidiary,
affiliate, or branch office of the US company that will employ
them. |
7 Years |
| L1B |
Intra-Company
Transferee
|
For specialized knowledge employees who have worked for
at least one year in the past three for a foreign parent,
subsidiary, affiliate, or branch office of the proposed US
employer. |
5 Years |
| E1 |
Treaty Trader |
For staff to direct and develop import / export trade between
the US and the treaty country. |
Indefinite (2 - year increments) |
| E2 |
Treaty Investor |
For staff to direct and develop investments made in the
US by a treaty country national/company |
Indefinite (2 - year increments) |
| Permanent residence |
First Preference Priority Worker |
For international managers and executives. Also for aliens
with extraordinary ability and outstanding Professors/Researchers. |
Permanent |
| Permanent residence |
Second Preference Priority Worker |
Professionals with advanced degrees or those with exceptional
ability in the sciences, arts or business. |
Permanent |
| Permanent Residence |
Third Preference Worker |
Professionals with basic degrees, and skilled workers. Also
"other workers" who have less than two years of relevant experience. |
Permanent |
| 'TN1' |
Canadian Professional |
For Canadian professionals and managers. |
Indefinite (1 year increments) |
Green Card
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