Work Visas for the USA

Immigration Attorney in Sarasota & Fort Myers Serving a Global Clientele

For more than 20 years, Anthony Olson, P.A. in Sarasota has helped individuals seize opportunity in the United States by guiding them to obtain work visas. Whether you are an exceptional athlete, specialty worker, or looking to transfer your work to the United States, we can serve you. Our immigration attorney takes the time to review your situation, explain the circumstances to you, and prepare the necessary forms and documents to get you started on your path to America.

Call our firm at +1 (941) 362-7100 to schedule an initial consultation today.

The types of work visa cases that we handle include:

L-1 Transfer Visa
H-1B Specialist Worker Visa
H-1B1 Specialist Worker Visa for Singaporeans and Chileans
E-3 Specialist Worker Visa for Australians
TN Visa for specialty workers under USMCA
O-1 Extraordinary Ability Visa
P-1 Athlete and Entertainer Visa
J-1 Exchange Visa

L-1 Transfer Visa

To qualify for the L-1 visa, the following requirements must be met:

The transferring foreign business must be a parent, subsidiary, or affiliate of the U.S. business. This is achieved through joint-ownership: one business owns the other, the same individual has a controlling interest in both businesses, or the same individuals jointly own a controlling interest in both businesses;
The L-1A manager must supervise multiple levels of workers in the U.S. company (and preferably in multiple departments) or manage a specific function within the company (in practice, USCIS is generally not approving L-1A visas for functional managers).
An L-1B specialist must have specialized, proprietary knowledge or skills which he will be teaching to workers at the U.S. company.
The L-1A manager or specialist must have worked at least one complete, continuous year anytime during the previous three years for the foreign business that is transferring him to the U.S.A.
The L-1 A manager must supervise several employees at multiple levels within the U.S. business in order to qualify for visa renewals.

Law Firm Recommendation:
If the U.S. Company has been active less than one year, the applicant will receive the L-1 visa for only one year. Since an L-1A manager must supervise several people at different levels of responsibility at visa renewal time, Anthony Olson, P.A. strongly recommends that the U.S. business be established and ready to operate (or be already operating with the help of U.S. personnel) at the time of applying for the initial visa.

Note: There is a specific green card category available for L-1A managers, called the EB-1C multinational manager green card. An L-1A manager who is highly qualified for the L-1A visa also has a good chance of qualifying for the Multinational Manager Green Card.

The spouse of an L-1A manager or L-1B specialist can work for any employer in any type of job.

H-1B Specialist Worker Visa

The H-1B visa is a very popular visa sponsored by U.S. companies that wish to hire foreign specialist workers. Presently, however, this visa category is capped by Congress at 65,000 per fiscal year, essentially to protect U.S. workers and wage stability.

The primary requirements for the H-1B visa are the following:

A U.S. employer must offer the foreign specialist a job in a specialty occupation.
In order for the job to qualify as being in a specialty occupation, it must require no less than a bachelor degree, and it must be common practice within the industry that this type of position requires no less than a bachelor degree.
The foreign specialist must have a bachelor or higher degree in the same or similar field as the job being offered, or the foreign specialist can have the equivalent amount of practical work experience, or a combination of education and work experience, in the same or similar field. In evaluating the equivalence of practical experience, 3 years of practical experience are considered the equivalence of 1 year of university studies.
The U.S. employer is required to pay the H-1B visa holder the so-called "prevailing wage," which is the average wage paid to workers performing the same job in the same region of the U.S.

The H-1B visa is usually granted for a period of 3 years, and can be renewed for another 3 years, but 6 years is the maximum number of years allowed under the H-1B visa without a 1-year stay in the foreign worker's home country. However, H-1B visa extensions beyond 6 years are possible when a labor certification for permanent residence is pending for more than 1 year (eligible for 1-year extension), or when a labor certification and an I-140 petition for permanent residence have been approved (eligible for 3-year extension).

Other H-1B visa-related information:

Out of the 65,000 quota, there are 5,400 H-1B visas set aside for citizens of Singapore and 1,400 H-1B1 visas for citizens of Chile.
There is an additional quota of 20,000 H-1B visas available to those who have graduated from a U.S. university with an advanced degree.
H-1B visas are also exempt from the quota if the U.S. employer is a college or university (government or private, non-profit), related or affiliated non-profit entity, non-profit research organization, or governmental research organization.
Once an I-140 petition for permanent residence is approved for the H-1B visa holder, the H-1B visa holder's spouse, holding an H-4 visa, can obtain an Employment Authorization Document ("EAD") and work for any employer.
The H-1B worker can petition for permanent resident status without any concerns that he may encounter problems in trying to renew his visa based on having shown immigrant intent through filing for permanent residence.

H-1B1 Specialist Worker Visa for Singaporeans and Chileans

The H-1B1 has the same requirements as the H-1B visa, as it pertains to the job requirements and the worker's qualifications (see the explanation of the H-1B visa above). However, there are a few important ways in which the H-1B1 visa differs from the H-1B visa:

This H-1B1 visa is granted for a period of 1 year, renewable each year without the usual 6-year maximum and the requirement of the 1-year stay in the home country in order to restore eligibility.
Separate annual quota of 1,400 H-1B1 visas for Chileans
Annual quota of 5,400 H-1B1 visas for Singaporeans
The employee must show no intention to abandon residence abroad and pursue permanent residence in the U.S.
When the employee is abroad, no USCIS petition is necessary, visa application can be filed directly at the consulate in home country.
For a job requiring licensure, it is not required to have the U.S. license prior to applying.
Agricultural Managers, Physical Therapists, Management Consultants, and Disaster Relief Claims Adjusters are not eligible for the the Chilean H-1B1 visa.

Important advantages of the H-1B1 visa for Singaporeans and Chileans:

The H-1B1 quotas for Singaporeans and Chileans are seldom exhausted, whereas the quota for the regular H-1B visa is often exhausted very quickly.
The H-1B1 visa has a streamlined application process, which in many cases, does not require a petition to be filed with USCIS.

E-3 Specialist Worker Visa for Australians

A U.S. employer must offer the foreign worker a job which requires a specialist worker who holds a 4-year university degree in the field. The U.S. employer offering the job must also offer what is called "the prevailing wage". The prevailing wage is the average wage which workers in the same type of position are earning in the region where the U.S. employer is located.

The foreign worker must have sufficient qualifications to fill the position. The worker must have a 4-year university degree in the same field. While there is the possibility of substituting practical experience for university studies for other specialty occupations, the healthcare professions are such that there is no substitute for having the degree for the specific field.

The E-3 visa is usually granted for a period of 2 years, and can be renewed for another 2 years, with no limit on the number of extensions. A foreign worker can go about applying for the E-3 visa in one of two ways. If the person is present in the U.S. in most types of valid non-immigrant status, the person can apply to change to E-3 status from within the U.S. by applying to U.S. Citizenship and Immigration Services (USCIS). If the person is located outside of the U.S., or is visiting the U.S. under the Visa Waiver Program, then the person must apply at the U.S. consulate in Australia, which has jurisdiction over his state or territory of residence. The E-3 visa is subject to an annual quota of 10,500. This quota is replenished on October 1st of every year. It is unlikely that this quota will be exhausted in any given year.

The spouse of an E-3 visa holder can obtain a general work authorization, which enables the spouse to work for any type of employer in any type of position.

TN Visa for Specialist Workers under USMCA

The TN visa is a work visa available to certain specialist workers from Canada and Mexico, based on the United States-Canada-Mexico Agreement (USMCA). The USMCA treaty lists specific specialist job types, which qualify for the TN visa.

The TN visa does not have many of the burdensome requirements like the H-1B visa. While the TN visa covers many of the same types of specialty occupations as the H-1B visa, it actually has lower educational requirements than the H-1B visa, and, therefore, is available to some people who would not qualify for the H-1B visa, namely registered nurses with 2-year degrees. TN visas are not subject to any annual quota, like the quotas that limit the number of H-1B visas that may be issued each year, and they are not subject to the same prevailing wage requirements like the H-1B visa.

Canadian workers can obtain the TN visa at any U.S. Class A port of entry, U.S. international airport, or at a preclearance/preflight station in Canada, without going to a U.S. consulate to apply. Mexican workers must obtain the visa by applying at a U.S. consulate prior to entry into the U.S.

The TN visa is issued for three years at a time, and can be extended every three years without limitation on the number of extensions.

O-1 Visa for Extraordinary Ability

The O-1 visa is a work visa available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, who wish to come to the U.S. to work in their field of expertise. A U.S. business offering the foreign national a job, or a business agent representing the foreign national must apply on behalf of the foreign national for an O-1 visa.

To qualify for an O-1 visa in the sciences, education, business, or athletics, it is necessary to show that the foreign national is among the small percentage of people who have risen to the very top of a given field, either at the national or international level. The person must present proof either of receipt of a major, internationally recognized award or at least three of the following forms of documentation:

An alien must present proof either of a receipt of a major, internationally recognized award such as the Nobel Prize or at least three of the following forms of documentation:

receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
membership in associations in the field that require outstanding achievements of their members;
published materials in professional or major trade publications or major media about the alien concerning the alien's work in the field;
participation on a panel, or individually, as a judge of the work of others in the field;
scientific, scholarly, or business-related contributions of major significance in the field;
authorship of scholarly articles in the field in professional journals or other major media;
employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
high salary or other remuneration commanded by the alien for services; or
other comparable evidence (this typically includes recommendation letters from experts in the field).

From experience we can conclude that the greater the competition in the applicant's field the tougher the criteria to qualify him/her for the O-1 visa. In other words, it is more difficult to qualify a renowned computer analyst for an O-1 visa than, for example, an extraordinary beekeeper or a renowned children's story writer.

Note: The qualifying criteria for an O-1 visa in the arts are a bit less stringent. For artists it is necessary to show that the alien's work has achieved "distinction." Distinction is defined as having achieved a high level of skill and recognition in the field, and being recognized as prominent, leading, or well-known in the field of arts.

P-1 Visa for Athletes and Entertainers

The P-1 visa is for athletes who compete individually or as part of a team at an internationally recognized level, and entertainers who perform as part of a group that has received international recognition as outstanding for a sustained period of time.

P-1 visa for professional athletes

In order for a professional athlete to qualify for the P-1 visa, he or she must prove the following:

the athlete or team is internationally recognized;
athletic competition has a distinguished reputation; and
competition requires participation of an athlete or team with international reputation.

The P-1 visa petition must include:

1. tendered contract with major U.S. sports league or team or one commensurate with international recognition; and

2. any 2 of the following:

Significant participation in a prior season in majors;
International competition with national team;
Significant participation in a prior season for U.S. college or university or intercollegiate competition;
Written statement from U.S. official in sport about person or team's international recognition;
Written statement from expert or sports media as to international recognition;
Team or individual ranking;
Significant honor or award in sport; or

3. Perform as a professional athlete employed by either a professional sports team in association with 6 or more teams that have combined revenues in excess of $10,000,000 or a minor league team affiliated with such association.

P-1 visa for Minor League and Amateur Athletes

The athlete must demonstrate the following:

that the coach or athletes are part of an international league or association of 14 or more amateur sports teams;
that the foreign league is operating at the highest level of amateur performance in the foreign country;
that participation in the foreign league renders the players ineligible for scholarship or amateur athletics under the NCAA; and
that a significant number of players who play in the foreign leagues are drafted by major league or minor league affiliates

P-1 visa for Entertainment Groups

In order for entertainment groups to qualify for the P-1 visa, they need to prove that:

the group is internationally recognized for sustained and substantial period of time;
75% of members of the group have had sustained and substantial relationship with group for one year.

Petition must include:

1. Evidence that the group has been performing for at least one year;

2. List of members and dates employed;

3. Evidence group has been internationally recognized for sustained and substantial period of time. This may be established by evidence that the group has been nominated or has received significant international awards or any 3 of the following documentation regarding international recognition:

Star or lead in performance with distinguished reputation;
Reviews in major publication;
Star or lead in performances for organization with distinguished reputation;
Major commercial or critically acclaimed successes;
Testimonials regarding group's significant recognition; or
Group will command or has commanded high salary.

Note:

The athlete or entertainment group cannot self-petition for the P-1 visa, but rather must have an employer or an agent who serves as the petitioner for the P-1 visa.
Visas are also available for dependents and qualifying support personnel for the athlete or entertainment group.
P-2 visas are available for artists and entertainers participating in reciprocal cultural exchange programs.
P-3 visas are avilable for artists presenting a culturally unique program.

J-1 Visa for International Exchange

The J-1 visa is issued to foreign applicants who wish to come to the U.S. to participate in programs which include a combination of education, work training, and cultural exchange. There are over a thousand qualifying programs in a broad range of fields, accepting participants with many different levels of education and work experience.

Before a person can apply for a J-1 visa, he/she must apply to and be accepted into a sponsoring program accredited by the U.S. State Department. The following is a list of the 13 categories in which qualifying programs exist, and the list also states the maximum validity period for a J-1 visa in each category.

University professors and research scholars (3 years)
Short-term scholars (6 months)
Trainees (specialist and non-specialist) and Interns (18 months and 12 months, respectively)
College and university students, for the duration of the academic degree program or, if not for a degree program, then for a maximum of two years. (Students in degree programs below the doctoral level may also engage in 18 months of training after completion of the degree program, while post-doctoral training is permissible for a period of 36 months following conferral of the degree.)
Primary and secondary school teachers (3 years)
Secondary school students (1 year)
Specialists in mass media communications, environmental science youth leadership, international educational exchange, museum exhibitions, labor law, public administration, and library science (1 year)
Foreign physicians (7 years)
International visitors (1 year)
Government visitors (18 months)
Camp counselors (4 months)
Au-pairs (1 year)
Summer Student Travel/Work (4 months)

Probably the single largest J-1 program category is for "trainees."

This category for trainees includes 11 sub-categories:

Arts and Culture
Information Media and Communications
Education, Social Sciences, Library Science, Counseling and Social Services
Health Related Occupations
Management, Business, Commerce and Finance
Aviation
The Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations
Construction and Building Trades
Agriculture, Forestry and Fishing
Public Administration and Law
Hospitality and Tourism

Note: Each program is designated as to whether the training is for specialized fields, for individuals with a university degree in the field, or for non-specialized areas, for which it is necessary only to have work experience in the area.

In some J-1 categories, such as for college and university students, the student first completes a degree program, and then receives a work authorization to pursue work experience in the same field.

Spouses and dependent children under 21 of a J-1 visa holder qualify for a J-2 visa. J-2 dependents can obtain a work authorization. During their period of stay, J-2 dependents are also free to attend public schools and post-secondary educational institutions.

Some J-1 visa holders are subject to a two-year home stay requirement. This means that, at the end of the J-1 period of stay in the U.S., the J-1 visa holder must return to his or her home country for two years, since it is not possible to change to any other visa or to permanent residence in the U.S. until the two-year home stay requirement is satisfied. A J-1 visa holder is subject to the two-year home stay requirement in any of the following situations:

the J-1 visa holder's program was funded by the U.S. government or the person's home government;
in the J-1 visa holder's homeland, there is a shortage of workers in the J-1 visa holder's field of expertise, as determined by the U.S. State Department; or
the J-1 visa holder came to the U.S. to seek post-graduate medical education or training.

J-1 visa holders subject to the two-year home stay requirement can obtain waivers; however, the person must show that they face extreme hardship in being forced to return to their homeland. In the case of J-1 physicians, they can also obtain a waiver of the two-year home stay requirement through participation in J-1 waiver program whereby they practice medicine for 3-4 years in a medically underserved area in the U.S.

If you would like to find an approved program in your field of endeavor, you can find a complete list of qualifying programs on the U.S. State Department's website at the following address:http://j1visa.state.gov/programs/.