Temporary Visas

Temporary Employment Visas

Employment visas for professionals (H-1B)

  • H-1B is a visa available to professionals holding a minimum of Bachelor’s Degree or the equivalent or to fashion models with exceptional results in their field.
  • The minimum requirements for the visa/ status for professionals are:
    1. the individual has to hold a minimum of Bachelor’s Degree or the equivalent
    2. the has to be a position available to him
    3. the position has to require a minimum of Bachelor’s degree or the equivalent
    4. the Bachelor’s degree and the position have to be related.
    5. The employer has to make certain declarations with the Department of Labor and USCIS stating their need for the applicant’s qualifications.
  • The minimum requirements for H-1B visa/status for fashion models
    1. National or International reputation and recognition as a fashion model
    2. The fashion model does not need to hold a Bachelor’s degree or the equivalent
  • The visa may be granted for an initial term of up to 3 years, with the possibility of extension for 3 more years, for a total of 6 years. If the beneficiary of the H-1B status is also the beneficiary of a labor certification, immigrant worker petition or legal resident card filed prior to the commencement of the 6th year of H-1B non-immigrant status, then extensions of H-1B status in 1 or 3 year increments are possible.
  • There is a limited number of visas available of each year – 65,000. This is called a cap.
  • 20,000 visas are made available to individuals who obtained a Master’s degree for universities in the United States
  • Professionals requesting extensions, changing employers once they have an H-1B status or working for non-profit educational organizations are not subject to the cap.

 

Employment visas for international managers (L-1)

  • This visa/status is available to executives/ managers or specialized personnel transferred to United States from foreign company to fulfill a position in a US company
  • The minimum eligibility requirements are as follows:
    1. The individual transferred to United States has to be an executive/ manager (L-1A) or specialized personnel (L-1B)
    2. The individual has to demonstrate a minimum of 1 year of employment in the last 3 years with the foreign company
    3. The individual comes to United States to work in an executive, managerial or specialized knowledge position
    4. The foreign company and the US company have to be related (i.e. parent-subsidiary, sister company, joint-venture)
    5. Upon transfer to United States, the foreign company continues to function
  • The managerial or executive transferees may apply for legal permanent residence as transferees – EB-1 category
  • Executive/managerial transferees’s status may be granted for up to 7 years. Specialized knowledge employees may obtain status for up to 5 years
  • Additional extensions beyond the 7th or 5th years are possible under certain circumstances

 

Employment visas for investors (E-1/ E-2)

  • E visa/status is available to citizens or nationals of countries which have a commercial treaty with the United States
  • There are two categories of treaty visas
    1. E-1 visa/status for individuals working for organizations involved in international/ import-export activities between the US and the individual’s country of citizenship or nationality
    2. E-2 visa/status is available to individuals coming to invest in businesses in the United States, or to individuals of the respective countries coming to work in a managerial, executive or specialized knowledge position
    3. The ownership of the US company where the E applicant is going to work has to be over 50% foreign (belong to the applicant’s country)
    4. The owners of the US business may be individuals who hold an E status, individuals living outside US or to foreign companies established in the applicant’s country
    5. To find the countries which signed a treaty with the United States are [link]

Employment visas for skilled and/or temporary workers (H-2B)

Employment visas for religious personnel (R-1)

  • Individuals may come to United States to fill a position in a religious organization. The position may be vocational – pastor, minister or may be related – choir singer. It may not be purely clerical
  • The minimum eligibility requirements are:
    1. Employer has to be a religious organization – church, temple
    2. Employer has to present a certificate of tax exemption under IRS503….
    3. The applicant has to have the same religious denomination as the religious organization
    4. The applicant has to have had the same denomination for at least 2 years prior to employment under R-1 status
    5. The position may be paid or voluntary

Employment visas for individuals with exceptional ability in the fields of sports, arts, business and science (O)

Employment visas for groups with extraordinary ability in the fields of sports, arts, business and science (P)

Employment visas for professionals from Canada and Mexico (TN)

Employment visas for professionals from Australia (E-3)

  • This visa is similar to the H-1B visa for professionals
  • The minimum requirements for the E-3 visa/ status are:
    1. the individual has to hold a minimum of Bachelor’s Degree or the equivalent
    2. there has to be a position available to him
    3. the position has to require a minimum of Bachelor’s degree or the equivalent
    4. the Bachelor’s degree and the position have to be related.
    5. The employer has to make certain declarations with USCIS stating their need for the applicant’s qualifications.
  • The E-3 visa is available only to Australian professionals
  • There is no cap on this type of application

Employment visas for fashion models with international reputation (H-1B)