Immigration Practice
Key Concepts in Employment Immigration
Immigration Based on an Employment Relationship
What Is Labor Certification?
Types of Non-Immigration Visas for Employment

TYPES OF NONIMMIGRANT VISAS FOR EMPLOYMENT

B-1 Business Visitor Visa

B-1 visas are reserved for aliens regularly employed outside the United States who must visit the United States for short periods of time (generally, less than six months) to conduct legitimate business activities. Examples of permissible activities include soliciting sales and negotiating contracts for work to be performed outside the United States, purchasing goods produced in the United States, attending conferences or seminars, participating in litigation, consulting with business associates, or conducting market research. The alien may not engage in any ordinary or hands-on labor while in B-1 status. B-1 visa holders generally cannot be paid from United States sources and must maintain an unabandoned foreign residence. B-1 visa holders must intend to leave the United States at the end of their authorized stay.

L-1 Intracompany Transferee Visa
Click here to download the L-1 Visa Checklist

This visa is available to an alien employee who, within the three years preceding his filing of an application to enter the United States, has served full-time for at least one year in a managerial, executive or specialized knowledge capacity with the entity seeking to employ him in the United States or with a parent, subsidiary or affiliate of that entity.

The maximum period of authorized admission on an L-1 visa for managers and executives is seven years. For aliens with "specialized knowledge," the maximum authorized period of admission is five years.

E-1 and E-2 Treaty Visas

The E-visa category is particularly useful for business personnel seeking entry into the United States for extended periods of time to fulfill an essential role or provide essential skills to an enterprise that engages in substantial trade between the United States and a foreign country or that represents a major foreign investment in the United States.

E-1 and E-2 visas differ from other categories because applicants are processed directly by the State Department's consular officers, not by the Bureau of Citizenship and Immigration Services (BCIS). E visas can be valid for up to five years and provide for multiple entries into the United States. Some US Consulates issue these visas for shorter periods. At the end of each five-year or other valid period, an alien may apply to renew his visa for an additional five years. This ability to renew an E visa indefinitely is a tremendous advantage over other visa categories.

H-1B Temporary Worker Visa
Click here to download the H-1B Visa Checkllist

H-1B visas are well-suited for alien workers who are recent university graduates or professionals who have not yet worked for an overseas affiliate of the employer. Employers seeking H-1B visas for alien employees must prove that the occupation in which they seek to employ the alien employee requires specialized knowledge and attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

H-1B visas are issued for a maximum period of six years. The alien is expected to return to his home country after his visa expires. Frequently, however, H-1B visa holders convert to permanent resident status before their visas expire. They may do so either based on a family-sponsored petition (e.g., marriage to a US Citizen) or a petition by the employer.

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