| A General
Introduction to USA work visas
If you are not certain about what you need to
do when bringing a non-US national to work for
you, don’t worry – this is entirely
normal. There are almost 60 different types of
temporary US visas in addition to several routes
to permanent residence ‘the green card’.
This guide will not make you an expert, and is
no substitute for professional advice, but it
should make you familiar with the territory.
If you have not researched this area before, you
may be thinking in terms of getting a ‘green
card’ for your staff. Unfortunately, ‘green
card’ applications usually take a long time
so, even if this is the ultimate goal, you will
probably need to begin by applying for a temporary
work visa (once the candidate arrives in the US,
you can begin working on the long term project
of arranging the ‘green card’).
If you are going to need someone for less than
6 months, a sensible first question is –
can the work be done by someone on a visitor’s
visa (or visa-waiver), or will I need to get a
‘proper’ work visa? Visit visas in
the US are called B1 or B2 visas.
The other ‘easy way out’ is if the
candidate you want to hire is a Canadian. Treaties
between the US and Canada mean that it is far
easier to get a work visa if the candidate is
Canadian. Unfortunately, Canada suffers from many
of the same skills shortages as the US, so you
will probably need to look at the ‘mainstream’
visa types for non-Canadian citizens.
There are three main categories of US work visa
for professionals. The H1B visa is probably the
most famous – or rather ‘infamous’
given the constant battles in Congress over the
controversial issue of how large the H1B quota
should be. If it were not for the fact that these
quotas can run out rather early in the fiscal
year, then the H1B visa would probably be the
most useful type of US work visa as virtually
any US enterprise can use it for either hires
or intra-group transfers.
The problem of H1B quotas means that you will
probably want to familiarize yourself with the
other main type of visa used to bring alien workers
into the US. This is the L1 visa; these visas
can be used to transfer staff who have been employed
for at least one year in the last three by your
parent, subsidiary or affiliated companies outside
the US.
B1 Business
Visitor For business people making sales, conducting
negotiations,
attending meetings and seeking investments. 6
months
H1B Speciality
Occupation Worker For individuals having the equivalent
of
a US bachelor degree (Foreign degrees and/or work
experiencemay
be found to be equivalent to a US bachelor degree).
6
Years
L1A Intra
Company Transferee For executives or managers
who have worked
for at least one year in the past three
for a foreign parent, subsidiary,
affiliate, or branch office of the US company
that will employ
them. 7 Years
L1B Intra-Company
Transferee For specialized knowledge employees
who
have worked for at least one year in the past
three for a foreign parent,
subsidiary, affiliate, or branch office of the proposed
US employer.
5 Years
E1 Treaty
Trader For staff to direct and develop import
/ export trade between
the US and the treaty country. Indefinite (2 -
year increments)
E2 Treaty
Investor For staff to direct and develop investments
made in the
US by a treaty country national/company Indefinite
(2 - year increments)
Permanent residence
First Preference Priority Worker For international
managers and executives. Also for aliens
with extraordinary ability and outstanding Professors/
Researchers.
Permanent
Permanent residence
Second Preference Priority Worker Professionals
with advanced degrees or those with exceptional
ability in the sciences, arts or business.
Permanent
Permanent Residence Third Preference
Worker Professionals with basic degrees, and skilled
workers.Also "other workers" who have
less than two years of relevant experience.
Permanent
'TN1' Canadian Professional For
Canadian professionals and managers. Indefinite
(1 year increments) |
