The Law Offices of Adam Edward Rothwell - Visas

Working for An American Firm: Choosing the Correct Visa

Very few types of visas issued by the U.S. government allow a person to work.. Tourist visas, student visas, even business visitor visas do not permit a person to work in the U.S. Among the few visas that do allow a person to work here are visas for International Journalists (I-1 visa), International Organization Employees (A-1 diplomats, G-1 U.N. or mission employees), Treaty Traders and Treaty Investors (E visa), Exchange Program Visitors (J-1 for research or cultural activities), Performers, Athletes, Models, and Religious Workers (O, P, and R visa). But what about people who want to work in the U.S. and who do not qualify for any of these visas? Let's talk about H visas, L visas, and Practical Training for students.

The H-1B Visa: The Professional's Pass to the US

The H-1B visa allows a professional employee to fill a professional job with a U.S. firm. "Professional" refers to a person who has at least a bachelors level degree in a field where the normal requirement to enter the field is at least a bachelors degree. Some professional positions include accountants, college professors and most school teachers, technical computer systems positions, lawyers, engineers, architects, highly skilled graphic artists, some hotel management positions, and economists. Perhaps not in the professional category would be most business management positions, basic computer programming jobs, and others where a college degree is not usually required.

The professional must be coming to fill a professional position. If an architect is to fill a position as a drafter, the visa would not be approved since drafting is not a "professional" position. The professional must hold a license if needed to carry out the duties.

The L-1 Visa: Transfer to a U.S. Affiliate Company

A person who has worked as a manager with an overseas firm, should consider the L-1 intra-company transfer visa. This visa allows a person who has been a manager, executive, or a person with specialized knowledge to transfer to a U.S. affiliate or subsidiary of the overseas company. Let's look at the requirements one at a time.

The person must have been a manager or executive. In simple terms, a person who directs a function of a company or who manages a staff of people would probably qualify. The person must have held the management position for at least one year during the three years before applying for the visa.

The overseas company must have an affiliate or subsidiary company in the U.S. If there is no U.S. affiliate, a company can be formed at the time the application for the visa is made and this will satisfy the visa requirement. There are other requirements such as sufficient assets to fund the U.S. company and a premises for offices. The L-1 visa is issued for up to three years initially and can be extended up to 7 years. The family can apply for L-2 visas.

If a person was not a manager but has specialized knowledge of a company's products, research, equipment, or techniques, the person may qualify for an L-1 visa similar to that for managers. The major difference is that a manager can qualify for a permanent residence green card easier than a person with specialized knowledge.

Visas for a Husband or Wife
The US has a special category for spouse's and fiances..

The Fiancee Visa, allows a U.S. Citizen to bring a fiancee to the U.S. without getting married abroad. There is, however, a requirement that you intend to get married to each other within 90 days of his/her arrival. If either of you decides you do not wish to marry, your fiancee must return to his/her country within ninety (90) days of entering the U.S.