Temporary Work Visas

Immigration Attorney Pecchia offers a Free Consultation in which he learns about your particular situation and discusses your options. You can speak with him personally by calling 818. 963.8238.

In addition to the temporary work visas listed on the Home Page of this site (and this list is not exhaustive, as there are additional visas), there are the following:

Tempoary Work Visas  (Yes, there are many.)

Work (Temporary)

Athletes, Artists, and Entertainers

O Visas

O-1 visas are available for individuals of extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim, who are coming temporarily to the United States to continue work in the area of extraordinary ability. Though many individuals come into the U.S. for short durations, the terms can be given for an initial period of 3 years with exentsions in increments of 1 year. O-1 and O-3 can pursue permanent residence while in the U.S. in O status.

O-1 Visas for Persons of Extraordinary Ability in the Arts, Athletics, Science, Business, and Education

Extraordinary Ability for Artists and Entertainers

Extraordinary Ability for Artists in the motion picture and television industry

Extraordinary Ability in Athletics, Science, Business, and Education

O-2 Support Personnel of O-1 accompanying Artists and Athletes

O-3 Accompanying Spouses and umarried Children under 21 of O-1 or O-2 visa holders

Also see the Immigration and Nationality Act: Aliens of Extraordinary Ability…


H Visas

The H nonimmigrant category covers a wide spectrum of workers entering the United States on a temporary basis in order to fill the needs of U.S. employers. The category applies to persons in specialty occupations, fashion models of distinguished merit and ability; temporary workers coming to the United States to perform nonagricultural work of a temporary nature (H-2B); and other H jobs as well.

H-1B

Individuals who may be eligible for this visa must have a college degree or its equivalent in work experience, or be a distinguished fashion model. They must be working in their specialty occupration and have a job offer from a qualified U.S. employer and be offered at least the prevailing wage and a certificate of attestation from the U.S. Departments of Labor. You must have the proper background for the job. There are other requirements. The visa is granted for 3
years at a time with a maimum of 6 years. Spouse and unmarried children under 21 may apply for H-4 visas.

H-2B

Individuals may qualify for an H-2B visa if coming to the U.S. to work for a U.S. employer in a seaonal or temporary job. Individuals who come to the U.S. as trainers or entertainers who cannot meet the criteria of O or P visas may qualify for the H-2B. Typically, the period must be for a 1 year or less. When an individual qualifies for an H-2B visa spouse and children under 21 may accompany the person.


P Visas

P visas are used more for Artists, Athletes, and Culturally Unique Groups (groups or inividuals), coming to the U.S., as part of a group. Individual Athletes, however, may apply. Unlike O visas whose requirements are reviewed based upon inividual capabilities and recognitions, P visas are based, with certain exceptions, upon the expertise of the group. P visas are typically issued for the time needed to complete the particular event, tour, or season. Entertainment Groups and Atheletic Groups initially receive up to 1 year with extensions of stay in 1 year increments. Individual Athletes may initiailly get up to 5 years, with 1 extension allowed. Atheletes may remain in the U.S. for up to 10 years.

P-1 Entertainment Groups/Companies, Outstanding Athletes, and Athletic Teams. They are only available to individual entertainers who are coming to the U.S. as part of a group with an international reputation. However, an athlete may qualify individually or as part of a team. P-1 International Reputation Amateur and Semi-Professional Athletes and Coaches

P-2 classification applies to an alien who is coming temporarily to the United States to perform as an Artist or Entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states, and which provides for the temporary exchange of Artists and Entertainers , or groups of Artists and Entertainers.

P-3 visas are available to Artists and Entertainers who come to the U.S., either individually or a member of a group, to develop, perform, teach, or coach in a commercial or non-commercial program considered to be culturally unique.

P-4 visas are issued to accompanying relatives of any P visa wokers.

All P categories provide essential support personnel.


B-1 Visa

Athletes who receive no salary or remuneration only prize money for their participation in a tournament or sporting event, are eligible for the B-1 visa as business visitors. Athletes who seek to enter the United States as members of a foreign based team in order to compete with another sports team are also eligible for the B-1 visas.

B-2 Visa

An amateur Athlete or group of Athletes competing in an athletic event for which they will receive no payment, other than incidental expenses, are eligible for the B-2 visa as visitors for pleasure.


Immigration Attorney Pecchia offers a Free Consultation in which he learns about your particular situation and discusses your options. You can speak with him personally by calling 818. 963.8238.

L Visas (Intracompany Transferees) 

Manager, Executive or Person With Specialized Knowledge

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either in a managerial or executive capacity (L-1A) or which entail specialized knowledge (L-1B) for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.The employer is not required to obtain a labor certification prior to petitioning in this category. Compensation level is not prescribed, but U.S. income must be sufficient to prevent the alien from becoming a public charge. Dependents (i.e. spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status. Visas can be approved for only up to three years. Extensions of 2 years at a time may be allowed until the person has been in the U.S. for a total of 7 years if a manager or executive. Persons with specialized knowledge can get extentions totaling only 5 years. ALSO, SEE BELOW.


Treaty Traders and Investors (E’s) & Intra-Company Transferees (L’s)

Immigration Attorney Pecchia offers a Free Consultation in which he learns about your particular situation and discusses your options. You can speak with him personally by calling 818. 963.8238.

The E categories  are designated for aliens engaged in international trade or investment between the United States (U.S.) and the aliens’ countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the U.S. A Treaty Country includes a foreign state that is accorded treaty visa privileges under section 101(a)(15)(E) of the INA by specific legislation. A listing of countries with whom the U.S. currently has treaties can be downloaded from the State Department’s Foreign Affairs Manual (select 9 FAM 41.51 Exhibit 1 to obtain the correct list).

Dependents (spouses and unmarried children under 21 years of age) of an E-1 or E-2 nonimmigrant will be admitted under same classification as the principal. The dependent spouse and child(ren) are not required to have the same nationality as the principal alien.

E-1 Treaty Trader

The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.

Application Document Requirements
The application must be filed with the appropriate fee payment, and evidence that:

The applicant is a national of a country with which the U.S. has the requisite treaty or agreement;

The activity constitutes trade as defined at 8 CFR 214.2(e)(9);

The trade is of a substantial nature (i.e. an amount of trade sufficient to ensure a continuous flow of international trade items between the U.S. and the treaty country);

The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the U.S. and treaty country when over 50% of the volume of international trade conducted by the treaty trader is between the U.S. and treaty country of the treaty trader’s nationality;

If the applicant is not the principal trader, he or she must be employed in an executive or supervisory capacity, or possess special qualifications that make the applicant’s services essential to the successful and efficient operation of the enterprise. Ordinary skilled or unskilled workers do not qualify.

The applicant intends to depart the U.S. upon the expiration of E-1 status. (However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.)

The employee has the same nationality as the principal alien employer.

The alien principal employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.

E-2 Treaty Investor

The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital. The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Application Document Requirements

The application must be filed with the appropriate fee payment, and evidence that:

The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;

The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;

The investor has invested in or is actively in the process of investing in the enterprise;

The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;

The investment enterprise is not a marginal enterprise;

If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

That the applicant intends to depart the U.S. upon the expiration of E-2 status.

See also Investment Immigration EB-5.

 

Intracompany Transferees (L-1’s)

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either

in a managerial or executive capacity (L-1A) or

which entail specialized knowledge (L-1B)

for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad.

The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.

Note 1: Public Law 107-125 allowed aliens to qualify for L visas after having worked for 6 months overseas for employers if the employers had filed a blanket L petition and had met the blanket petitions’ requirements.

The L-1 Visa Reform Act eliminates the 6 month exception that Public Law 107-125 implemented. All L-1 beneficiaries are now required to have been employed abroad for a 12-month period regardless of whether the beneficiary is obtaining L classification based on a blanket or as an individual. This provision applies only to initial L petitions filed after June 6, 2005. The 6 month rule should continue to be applied to cases involving extensions or changes of job duties within the L classification filed after the effective date, but in which the original status was obtained through a blanket process prior to the effective date based on the then existing eligibility requirements.

Note 2: The employer is not required to obtain a labor certification prior to petitioning in this category. Compensation level is not prescribed, but U.S. income must be sufficient to prevent the alien from becoming a public charge.

Dependents

Dependents (i.e. spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. Dependents may be students in the U.S. while remaining in L-2 status. If it can be established that the spouse is accompanying or following to join the principal alien, the spouse may obtain an employment authorization under the L-2 classification. Minor children may not be employed under the L-2 classification.

Petition Document Requirements

A U.S. employer or foreign employer may file the I-129 petition, but a foreign employer must have a legal business in the U.S. The petition must be filed with:

Evidence of the qualifying relationship between the U.S. and the foreign employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;

A letter from the alien’s foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity or in a position involving specialized knowledge; and

A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge.

If the alien is coming to the U.S. as a manager or executive (L-1A) to open or to be employed in a new office, also file the petition with evidence that:

Sufficient premises to house the new office have been secured;

The beneficiary has, or upon establishment will have, the qualifying relationship to the foreign employer and the qualifying position; and

The intended U.S. operation will be able to support the executive or managerial position within one year of the approval of the petition. This must be supported by information regarding:

the proposed nature of the U.S. office (size and scope, organizational structure, and financial goals), financial information about the foreign entity (the size of the U.S. investment and the financial ability to remunerate the beneficiary and to commence doing business in the U.S.), and the organizational structure of the foreign entity.

If the alien is coming to the U.S. in a specialized knowledge capacity (L-1B) to open or to be employed in a new office, also file the petition with evidence that:

Sufficient premises to house the new office have been secured;

The business entity in the U.S is or will be a qualifying organization; and

The petitioner has the financial ability to compensate the alien beneficiary and to begin doing business in the U.S.

Extending an Individual L-1 Petition

A petitioner may apply for an extension of an individual L-1 petition using Form I-129. Supporting documentation is not required, except in those cases involving new offices or when requested. For details, please refer to 8CFR 214.2(l)(14)(i).

Blanket L Petition

Employers who regularly file L petitions may wish to consider filing for a blanket L petition in order to obtain continuing approval for itself (and some or all of its parents, branches, subsidiaries and affiliates in the U.S.). This simplifies the process of approving and admitting additional individual L-1A and L-1B workers.

The blanket L petition must be filed by a U.S. employer who will be the single representative between INS and the qualifying organizations and must be filed with copies of evidence that the:

Petitioner and its branches, subsidiaries, and affiliates are engaged in commercial trade or services;

Petitioner has an office in the United States that has been doing business for one year or more;

Petitioner has 3 or more domestic and foreign branches, subsidiaries, or affiliates;

Petitioner and its qualifying organizations have obtained approved petitions for at least ten L-1 professionals during the previous year or have U.S. subsidiaries or affiliates with combined annual sales of at least 25 million dollars, or have a U.S. work force of at least 1,000 employees.

After approval of a blanket petition, the petitioner may file for individual employees to enter as L-1 professionals under the blanket petition.

Extending a Blanket L Petition

A petitioner may file to extend an expiring blanket petition.

 

Information provided on this site is for general informational purposes only. It is not intended to be legal advice. Individuals should speak with an attorney knowledgeable in such matters concerning their particular situation. Also see Legal Disclaimer section of this site.

 

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