Employment Visas

Here is a list of the various immigrant employment based visas being used to import workers.

 

H-1A  Visas  is  an alien coming to perform services as a registered professional nurse.

 H-1B   Visa  An H-1-B   is an alien coming temporarily to perform services in a specialty occupation.  A specialty occupation is one which requires the theoretical and practical application of a body of knowledge to fully perform the occupation and requires completion of of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. 

        The petition MUST be filed by the US employer  and must be filed with an approved LCA from the DoL

1)  Evidence that the proposed employment qualifies as within a specialty occupation
        Evidence that the alien has the required degree by submitting either: 

  • a copy of the person's US baccalaureate or higher degree which is required by the specialty occupation;

  • a copy of a foreign degree and evidence it is equivalent to the US degree or evidence of education and experience which is equivalent to the required US degree

2) A copy of any required license or other official permission to practice the occupation in the state of intended employment;  and

3)A copy of of any written contract between you and the alien or a summary of the terms of the oral agreement under  which the  alien will be employed

 

AN H-1B IS ALSO an alien coming to perform services of an exceptional nature relating to a cooperative research and development project administered by the United States Department of Defense.  A US employer may file the petition.  Write H-1B2 in the classification requested block. 

An H-1B is ALSO an artist,  entertainer or fashion modle who has national or international aclaim and recognition for achievements, individually or in the case of entertainers,  as part of a group,  to be employed in a capacity requiring someone of distinguished merit and ability. 

An H-1B is ALSO  an alien  coming temporarily to perform as an artist or entertainer,  individually or as part of a group, in a unique or traditional art form. 

An H-1B is ALSO an alien coming to temporarily perform at a specific athletic competition as an athlete,  individually or as part of a group or team,  at a nationally or internationally recognized level of performance

An H1B  Accompanying support personnel.  Accompanying support personnel are highly skilled aliens coming temporarily as an essential and intregal part of the competition or performance of a H-1B artist,  entertainer,  or athlete because they perform support services which cannot be readily performed by a US worker and which are essential to the successful performance or services of the H-1B.

  • The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-1B    and H-2B alien who is dismissed before the end of the authorized employment.

H-2A   An H-2A  is an alien coming temporarily to engage in temporary or seasonal agricultural employment. 

H-2B  An H-2B is an alien coming temporarily to engage in a non-agricultural employment which is seasonal,  intermittent,  to meet a peak load need,  or for a one-time occurrence. 

       The petition must be filed by a US employer with either a temporary labor certification form the doll or the Gov. of Guam,  if the proposed employment is solely in Guam,  indicating that qualified US workers are not available and that employment of the alien will not adversely affect the wages and working conditions of similarly employed US workers;  OR

  • A notice from such authority that such evidence that such certification cannot be made,  along with evidence of the unavailability of US workers and of the prevailing wage rate for the occupation in the US and evidence overcoming such reason why the certification was not granted;   AND

  • Copies of evidence, such as employment letters and training certificates,  that such named alien met the  minimum job requirements stated in the certification when it was applied for.

H-3  An H-3  is an alien coming temporarily to participate in a special education training program in the education of children with physical,  mental or emotional disabilities.

 L-1  An L-1  is an alien coming temporarily to perform services in a managerial or executive capacity  for the same corporation or firm or for the branch,  subsidiary or affiliate of the employer which employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition in an executive,  managerial or specialized knowledge capacity.

 

L-1  An L-1 is also an alien coming temporarily to perform services which entall specialized knowledge,  for the same corporation or firm or for the branch,  subsidiary,  or affiliate of the employer which employed him or her abroad for one continuous year within the three year period immediately preceding the filing of the petition,  in an executive managerial or specialized knowledge capacity.  Specialized knowledge is special knowledge of the employer's product or its application in international markets or an advanced level of the knowledge of the employer's processes and procedures. 

            A US employer or foreign employer may file the petition,  but a foreign employer must have a legal business entity  in the US. 

BLANKET L Petition:   An L Blanket petition simplifies the process of labor filing for individual L-1A and L-1B workers who are specialized knowledge professionals,  which are employed in positions which require the theoretical and practical application of a body of knowledge to fully perform the occupation and require completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty.

A Blanket L petition must be filed by a US employer who will be the single representative between INS and the qualifying organization .  Do not name an individual employee. 

        (edited some of the requirements)  but must  have US subsidiaries or affiliates with combined annual sales of at least 25 million dollars, or have US work force of at least 1,000 employees

 After filing for a Blanket L you make file for individual employees to enter as an L-1A or L-1B specialized knowledge professional under the blanket petition.  IF the alien is outside the US file form I-129S.   If the alien is already in the US file the I-129 to request a change of status based upon the blanket petition.

 

O-1   An O-1 is an alien coming temporarily who has extraordinary ability in the sciences,  education or business.  A US employer or foreign employer may file the petition.  The petition must be filed with:

A written consultation with a peer group in the alien's area of ability

A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed 

copies of evidence the services to be performed either:

  •  Primarily involve a specific scientific or educational project,  conference,  convention,  lecture,  or exhibit sponsored by a scientific or educational organization or establishment,  OR

  • consist of a specific business project that requires an extraordinary executive,  manager,  or highly technical person due to the complexity of the project

  •  Evidence the alien has received a major internationally-recognized award such as a Noble Prize,  or copies of evidence of at least three of the following:

  1. receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

  2. membership in associations in the field which require outstanding achievements as judged by recognized international experts

  3. Published material in professional or major trade publications or newspapers about the alien and his work in the field

  4. Participation on a panel or individually as a judge of the work of others in the field or an allied field

  5. original scientific or scholarly research contributions of major significance in the field

  6. authorship of scholarly articles in the field in professional journals or other major media, or

  7. evidence the alien commands a high salary or other high remuneration for services

P-2  A P-2 is an alien coming temporarily to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between the an organization in the  US and organization in another country.

 

Q  A Q is an alien coming temporarily to participate in an international cultural exchange program approved by the US Attorney General.

 

E-1   An E-1 is a national of a country with with the US has a treaty of friendship, commerce,  and navigation who is coming to the US to engage in substantial trade between the US and the alien's congry of nationality.

 

E-2  An E-2 is a national of a country with which the US has a bilateral investment treaty or agreement,  who is coming to the US to direct and develop the operations of an enterprise in which he/she has invested or is in the process of investing substantially.

 

R-1  An R-1 is an alien who,  for at least 2 years has been a member of a religious denomination having a bona fide nonprofit,  religious organization in the US coming temporarily to work.....

TC  A TC  is a Canadian citizen coming to the US temporarily under the provisions of the United States-Canadian Free-Trade Agreement.  A US employer or a foreign employer may file the petition. 

  • A letter stating the activity to be engaged in,  the purpose of the entry,  the anticipated length of stay, and the arrangements for remuneration

  • Evidence the alien meets the educational and/or licensing requirements for the profession or occupation

 Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request,  we will deny the benefit you are filing for,  and may deny any other immigration benefit in addition,  you will face severe penalties provided by law,  and may be subject to criminal prosecution.

 

11/02/00