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Nonimmigrant Worker Visas
H-1B Professional Worker Visa

Qualifications:
H-1B visa is for workers in specialty occupations.  Examples of specialty occupations are professional positions in the fields of Architecture, Engineering,  Mathematics, Physical Sciences, Medicine, Education, Business, Accounting, Law, Theology, and the Arts.

Dependents (Spouse and children) of H-1B visa holders may apply for H-4 visa status.

Requirements:
An H-1B specialty occupation must meet three requirements:

1.Require theoretical and practical application of a body of highly specialized knowledge; 2.Require attainment of a bachelor or higher degree or its equivalent in the specific specialty; and, 
3.Any one or more of the following: 
  • A bachelors degree or its equivalent is normally the minimum entry requirement for the position; 
  • The degree requirement is common to the industry or, the position is so complex or unique that the work can be performed only by an individual with a degree;
  • The employer normally requires a degree or its equivalent for the position; or, 
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor or higher degree. 
An H-1B visa applicant must have one of the following:
  • A state license to practice in the occupation, if such a license is required to practice; 
  • A bachelors degree or higher degree in the specialty field; or
  • At least 12 years experience in the specialty field; 


Duration of Visa:
An H-1B visa holder is admitted to the U.S. for up to three years, and may be extended for an additional three years for a total of six years.


L-1B Visa for International Employee with Special Knowledge

Qualifications:
L-1B visa is for persons employed for at least one of the previous three years at a non-U.S. firm, corporation, or other legal entity, who will come to the U.S. to work at its related entity in the United States as an employee who has specialized knowledge.

Dependents (Spouse and children) of L-1B visa holders may apply for L-2 visa status.

Requirements:
An L-1B visa application must meet the three requirements: 

1.The petitioning United States company must be affiliated with the company abroad, as a branch, subsidiary, or affiliate. This relationship is demonstrated either by one entity having control over the other, or by both entities being controlled by the same person or entity; 

2.The L-1B visa applicant must be employed at the company abroad for at least one of the previous three years before the L-1B visa application is filed with the INS. Time spent in the United States on temporary assignment or as a trainee of the foreign firm does not count toward the one year of employment with the company abroad; and, 

3.The employee must be coming to work at the United States company to utilize specialized knowledge. 

An employee with "specialized knowledge" has either of the following: 
A special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company; or, 

An advanced level of professional or technical expertise, and proprietary knowledge of the organization’s services, products, technology, strategies, or any other corporate function that is essential to the United States company’s successful operation. 

The U.S. and foreign companies must be related. The companies may qualify for L-1B visa if either company controls the other. Control can be either direct or indirect ownership. "Ownership" can be any of the following: 
One company owns more than fifty percent of the other affiliated entity; or, 
Both U.S. and non-U.S. entities are controlled by the same person or entity. 


Duration of Visa:
If coming to the United States to work at a new U.S. office, an L-1B visa holder will be admitted for one year initially. If coming to the United States to work at an established company, in existence for more than one year, an L-1B visa
holder will be admitted for three years initially . An L-1B visa may be extended for a total of five years.


TN Canadian Professional Visa

Qualifications:
TN visa is for Canadian and Mexican business visitors, treaty traders and investors, intra-company transferees, and professionals to work the United States.

Dependents (Spouse and children) of TN visa holders may apply for TD visa status.

Requirements:
The TN visa is available for Canadian and Mexican citizens. The applicant must be coming to work in the United States as one of the following and possess the required education and/or experience: 

  • Accountant 
  • Agriculturist/Agronomist
  • Animal Breeder 
  • Animal Scientist 
  • Architect
  • Astronomer 
  • Biochemist 
  • Biologist 
  • Chemist 
  • Computer systems analyst 
  • Dairy Scientist
  • Dentist 
  • Economist 
  • Engineer 
  • Entomologist 
  • Forester 
  • Geneticist 
  • Geochemist 
  • Geographer 
  • Geologist 
  • Geophysicist 
  • Graphic Designer 
  • Horticulturist 
  • Hotel Manager 
  • Industrial Designer 
  • Interior Designer 
  • Land Surveyor 
  • Landscaping Architect 
  • Lawyer 
  • Librarian 
  • Management Consultant 
  • Mathematician 
  • Medical Technologist/Medical Lab Tech: U.S. job must be in a lab to perform chemical, biological, hematological, immunological, microscopic, or bacterial tests, and analyses for diagnosis, treatment or prevention of disease. 
  • Meteorologist 
  • Nurse, Registered 
  • Nutritionist 
  • Occupational Therapist 
  • Oceanographer
  • Pharmacist 
  • Pharmacologist 
  • Physician 
  • Physicist 
  • Physio/Physical Therapist 
  • Plant Breeder
  • Poultry Scientist
  • Psychologist 
  • Range Manager/Range Conservationist 
  • Recreational Therapist 
  • Research Assistant 
  • Social Worker 
  • Soil Scientist 
  • Statistician 
  • Sylviculturist/Forestry Specialist 
  • Teacher: must be coming to work for a college, seminary, or university only; no secondary or elementary school teaching. 
  • Technician or Technologist, Scientific: must work in direct support of professionals in one of these disciplines: biology, chemistry, engineering, forestry, geology, geophysics, meteorology, physics; must possess theoretical knowledge of discipline, and solve practical problems in discipline, or apply principles of the discipline to basic or applied research. 
  • Urban Planner 
  • Veterinarian 
  • Vocational Counselor 
  • Writer, Technical Publications 
  • Zoologist 
Duration of Visa:
A TN visa holder is admitted for one year. TN visas may be renewed indefinitely in yearly increments. 

We can take your information over the phone or over the internet and help you process the case no matter where you are located in the country. Contact our office.
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