United States is a powerful global force with high economic development. If you want to work in the U.S. temporarily as a non-immigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa.
There are many different temporary employment-based visa classifications. Most of the classifications are defined in section 101 (a) (15) of the Immigration and Nationality Act (INA).
A U.S. visa or employment sponsorship means that the employer in the U.S. is hiring you. The petition must have all the supporting documents, contracts, itineraries and qualifications of the employee and it is to be submitted to the USCIS. For nonimmigrant employment visa sponsorships, the employer must submit Form I-129, Petition for Nonimmigrant Worker.
Once USCIS has the petition and the supporting documents, they process the case. Since there are so many petitions the wait time can be long. When USCIS makes a decision, they send a notice to both the employer and the employee. If they deny the petition, the notice outlines the reasons. It could be because the employee was not qualified enough or there was not enough documentation.
If USCIS decides to approve the petition, it will then state the next steps that the employer and employee must take to get the actual visa. Then, depending on the type of visa you want, you can start the application process.
The application process is done at a U.S. Embassy in the employee’s home country. You must bring your I-129 petition receipt number and a copy of your Form I-797 to your interview at the Embassy or Consulate in order to verify your petition’s approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
SKJ Juris’s Immigration Support Team has extensive experience in Employment-Sponsored Immigration Support Services.
SKJ Juris specializes in the following visa categories-
H1B: Specialty occupations
An H-1B visa is required if you are coming to the United States to perform services in a pre-arranged professional job. To qualify, you must hold a bachelor’s or higher degree (or an equivalent degree) in the specific specialty for which you seek employment. USCIS will determine whether your employment constitutes a specialty occupation and whether you are qualified to perform the services. Your employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with you.
L-1: Intra-Company Transferees
An L-1 visa is required if you are the employee of an international company which is temporarily transferring you to a parent branch, affiliate, or subsidiary of the same company in the United States. The international company may be either a U.S. or foreign organization. To qualify for an L-1 visa, you must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, you must have been employed outside the United States with the international company continuously for one year within the three years preceding your application for admission into the United States.
if you are the principal holder of a valid L visa, your spouses, including same-sex spouses, and/or unmarried children (under age 21) may receive this derivative visa. Due to a recent change in the law, your spouse may seek employment authorization. Your spouse must enter the United States on his/her own L-2 visa and then submit a completed Form I-765 (obtainable from USCIS), along with an application fee. Your children are not authorized to work in the United States.
B-1: Visitor for Business
The B-1 visa is for individuals who wish to visit the United States temporarily for business purposes. Although the B-1 visa is available to business visitors, it is important to note that this visa does not allow employment in the U.S.
However, business visitors may do the following:
- Attend meetings,
- Consult with business associates,
- Attend scientific, professional, educational or business conventions and conferences,
- Attend short-term trainings, and/or
- Engage in negotiations on behalf of a foreign employer.
O-1 Visa: Individuals with extraordinary ability
O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or with a record of extraordinary achievement in television or motion pictures. This visa classification is severely limited to other individuals who can clearly demonstrate that they are at the very top of their profession or field.
O-2 visa is for people that accompany and assist an O-1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O-2 visas are not available for those who accompany or assist O-1 visa holders in education, science, or business.
O-3 visa is for the spouse and children of an O-1 or O-2 visa holder.
SKJ Juris focuses on employing the latest technology to meet all your immigration needs by processing your visa petitions efficiently. Our Immigration Support Services Team provides you with the highest quality advice and information at minimal costs.