Employment Non-immigration Visas

Immigrants can pursue opportunities in the U.S. either through employment-based non-immigration visas that allow for temporary stay in the U.S. To speak with an experienced lawyer about your employment immigration concerns, please call HBM Law Office at (312) 857-5402.

E-1/E-2 – Traders/Investors Visas

Investors, traders, and their employees whose country of citizenship has a commercial treaty with the United States may obtain this status to carry on their business in the U.S.  For a list of participating countries, see Treaty Countries. Applicants for these visas may be employed in the U.S. for 2-year increments. Examples of types of enterprises that constitute trade under this visa are: international banking, insurance, transportation, tourism, and communications. Spouse and unmarried children under age of 21 may apply for E visas to accompany or join the foreign national to reside temporarily.

H Visas

H-1B Visa – Specialty Workers

Granted to foreign nationals who have a job offer from a U.S. employer.  The job must be temporary, and it must be in a “specialty occupation” – a job that requires the attainment of a bachelor’s or higher degree, or equivalent experience, in the specific specialty.  The individual must demonstrate that they possess the necessary credentials for the specialty.  The employer must pay the applicant the prevailing wage in the industry and the length of visa generally does not exceed 6 years.

H-1C – Nurses

Allows registered nurses to enter the U.S. to work on a temporary basis in a health professional shortage area as determined by the U.S. Department of Labor.  The annual allocation of H-1C visas is 500 and the stay is limited to the validity period of the petition.  Approved H-1C petitions may be valid for up to three years.  H-1C holders may possess dual intent (i.e. intent to comply with the nonimmigrant visa requirement and to apply for permanent residence status).

H-2A Visa – Temporary Agricultural Workers

Allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.  The U.S. employers, agents, or producers need to file on a prospective worker’s behalf.

H-3 Visa – Trainee or Special Education Exchange Visitor

Allows foreign nationals coming temporarily to the United States as either a “trainee” to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.  It is designed to provide a foreign national with job-related training (including but not limited to: commerce, communication, finance, government, transportation, agriculture, other professions) for work that will ultimately be performed outside the United States.  It is not intended for U.S. employment.

L Visas

L-1A Visa – Intracompany Manager or Executive Transferee

Granted to executives, managers, and personnel who have worked at least 1 year in the preceding 3 years in a managerial or executive capacity in a company and are coming to the U.S. to work for the parent company, its affiliate, branch, or subsidiary.  The length of stay generally may not exceed 7 years for executives.

The transferring employee may be accompanied or followed by his/her spouse and unmarried children under 21 years of age. The family members may seeks admission under L-2 nonimmigrant classification and, if approved, will be granted the same period of stay as the employee.

The transferring employee may be accompanied or followed by his/her spouse and unmarried children under 21 years of age. The family members may seeks admission under L-2 nonimmigrant classification and, if approved, will be granted the same period of stay as the employee.

L-1B – Intracompany Transferee Specialized Knowledge

Enables a U.S. employer to transfer a professional employee with specialized knowledge of the company’s interests from one of its affiliated foreign offices to one of its offices in the United States for an initial stay of 3 years.  This visa also enables a foreign company, which does not yet have an affiliated U.S. office to send a specialized knowledge employee for an initial stay of 1 year to the United States to help establish one.  Extensions are granted but the length of stay generally may not exceed 5 years for all L-1B employees.

The transferring employee may be accompanied or followed by his/her spouse and unmarried children under 21 years of age.  The family members may seeks admission under L-2 nonimmigrant classification and, if approved, will be granted the same period of stay as the employee.

O-1 / O-2 Visas
 – Persons of Extraordinary Ability

The O-1A visa is for persons who can demonstrate “extraordinary ability” in the arts, sciences, business, education or athletics.  The O-1B visa is for persons with a demonstrated record of extraordinary achievement in the motion picture or television industry.

The O-2 visa is for individuals who will be assisting either the O-1A or O-1B person in that they are “integral” to the O-1A, artist, athlete, or a specific event or performance, or they are “essential” to the completion of the O-1B’s production.  The O-2 worker needs to have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

An O-3 visa allows the spouse and unmarried children under 21 years of age to accompany the O-1’sand O-2’s individuals.

R Visa – Religious Workers

A foreign national wanting to come to the U.S. to be employed at least part-time (avg. 20 hours per week) by a non-profit religious organization in the US to work as a minister or a in a religious vocation or occupation.  The religious worker’s total stay in the U.S. cannot exceed 5 years.  The spouse and unmarried children under the age of 21 may accompany the foreign national through an R-2 visa.  Religious workers may be able to petition for a Green Card through the EB-4 visa.

TN – NAFTA
 Visa

Visa permits Canadian and Mexican citizens seeking to temporarily enter the U.S. to engage in specified professional business activities.  Professionals eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.