S. Amir Kohan

Employment Visas for Foreign Nationals

Under some circumstances, it is possible for people from other countries to come work in the United States. There are several classifications of workers that can be used, depending on the type of work to be done and the level of responsibilities.

E Nonimmigrant Visas
There are two types of E Nonimmigrant Visas, E-1 Treaty Traders, and E-2 Treaty Investors. For more information on E Nonimmigrant Visas, see www.uscis.gov/portal/site/uscis.

E-1 Treaty Traders
The individual must be a citizen of the treaty country; there must be substantial trade; the trade must be principal with the treaty country; the individual must have executive, supervisory, or essential skills; and the individual must intend to depart the United States
when the trading is completed.

E-2 Treaty Investors
The individual must be a citizen of the treaty country and be invested personally in the enterprise. The business must be a bona fide enterprise and not marginal, and the investment must be substantial. E-2 employees must have executive, supervisory, or essential skills, and E-2 investors must direct and develop the enterprise. The E-2 investor must depart the United States when the investment is concluded.

H Visas
These are visas available to employers and employees for specialized talent or educational requirements.

H1-B Special Occupations and Fashion Models
These visas require a bachelor’s or higher degree or its equivalent. The job must be so complex that it can be performed only by a person with a degree. The employer normally requires a degree or its equivalent for this job. Fashion models also fall into
this category.

H1-C Registered Nurse Working in a Health Professional Shortage Area
This requires a full and unrestricted nursing license in the country where your nursing education was obtained. Or, you must have received your nursing education and license in the United States. It also requires that you have appropriate authorization from the U.S. state’s Board of Nursing to practice within the United States. H1-C requires that you have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS) or have a full and unrestricted license to practice as a registered nurse in the state where you will work.

H-2A Temporary Agricultural Workers
The employer must be able to demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary seasonal work. The employer must also show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. H-2B Temporary Non-Agricultural Workers

The employer must show that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work and that the employment of

H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The employer must also show that the need for the prospective worker’s services is temporary, regardless of whether the underlying job can be described as temporary.

H-3 Nonimmigrant Trainee
To qualify, employees must be trainees receiving training in any field of endeavor, other than graduate medical education, that is not available in their home country. Or, they must be a Special Education Exchange Visitor who will participate in a special education training program focused on the education of children with physical, mental, or emotional disabilities.

L-1 Intra-Company Transferee
This allows a qualifying organization to move an employee from another qualifying country into the United States for a temporary assignment either that is managerial in nature or that requires specialized knowledge.

L1-A Managers and Executives
These are intracompany transferees coming to the United States to work in a managerial or executive capacity. The maximum stay in the United States allowed under this visa is 7 years.

Specialized Knowledge
This is someone with specialized knowledge of the employer’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. An L1-B visa holder may stay in the United States for only 5 years.

 

 


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