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Employment Visa

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Employment Visa

An Employment Visa or Work Visa generally describes a category of nonimmigrant visas that allows U.S. employers to hire foreign workers in specialty occupations. Requirements vary by type of Visa, but the process is generally the same for the US Employer and foreign employee appicant. 

H Visas are for temporary workers of several categories. 

  • The H1B for Specialized Professionals is available to those who have a minimum of a bachelor‘s degree or equivalent experience in the specialty field for which they are applying.
  • H2A is for temporary Agricultural workers from specific countries.
  • H2B is for non-agricultural workers from specific countries.
  • H3 is for Special Education Visitors obtaining specialized training that is unavailable in their country of origin but does not qualify for a Student Visa.
  • H4 is for dependents of other H Visa holders including their spouse and unmarried minor children.

L Visas are for Intra Company Transfers

To be eligible for an L Visa the applicant must have worked for at least One (1) year of the last three (3) years outside the United States for a company that has a branch, affiliate, subsidiary, or parent company in the United States to which you have been transferred.  The employee must be a Manager, Executive, or have some type of unique specialized knowledge, training, or experience that uniquely suits them for the role in the United States.  Not all employees from international countries are eligible.

  • L-1A is for the intra-company transfer of employees in a managerial or executive position.
  • L-1B is for employees with some type of unique specialized knowledge, training, or experience.

P Visas are for Athletes, Athletic Teams and Entertainment Groups invited to perform in the United States.

  • P-1A is for individual athletes or athletic teams of international acclaim who have been invited to participate or compete in America at an event of distinction in their field (and their direct support staff).
  • P-1B is for members of entertainment groups (individual entertainers do not qualify) who have been invited to perform in the United States.  There are unique qualifications for some types of groups.  You may need to have achieved international acclaim and your group may need no less than 75% of the members to have been actively involved in the group for at least one (1) year.

Before the foreign employee can apply for any of these Work Visas, the employer must first submit a petition, which will define the conditions of the event or performance, establish proof of the applicants’ international distiction and/or commercial success, including the contract between the two parties and the itinerary for the events and duration of their stay. Certain Visa types will also require the employer to file a Labor Condition Application (LCA) with the U.S. Department of Labor. After the LCA is approved, the employer can then submit the petition to U.S. Citizenship and Immigration Services (USCIS). 

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*Government Fees are NOT Included in Law Caddy Price

Employer and Employee Roles in the H1-B Application Process

Law Caddy has programs to assist both the Employer and the potential foreign employee through the process.  If you are an employer start by consulting with our Attorney On-Call  to define the best way to begin or proceed for your industry and circumstances. 
If you are a foreign employee applicant, start here. Our simple questionnaire collects all the information to fill out the complex application in plain language that is easily understood, it can even be filled out in your native language. Law Caddy will use your answers to formulate accurate and appropriate responses to the questions on the online application. A licensed US Immigration Attorney will review the application and suggest improvements, point out errors or omissions, and recommend the ideal documents to include with your application. 

Following our detailed instructions, you complete the online application and digitally sign it then schedule your interview with the US Embassy.  We’ll help you know what to bring and how to prepare. After you ace the interview, your Visa decision will

Frequently Asked Questions

Yes, all of these US Work Visa holders can bring their families to the US with them. Spouses and unmarried children under the age of 21 are eligible to apply for H4 visas, which are dependent visas. H4 visa holders are not eligible to work in the US, but they are allowed to attend school and make limited trips outside the country.

Some Employment visas are limited annually by either type of visa, qualifications of the application, or both. For example, H1B Visas are limited to 65,000 per year, plus 20,000 more for foreign professionals with a U.S. master’s or higher degree, and H2B Seasonal Agricultural temporary workers are limited to 66,000. But H2A and L Visas have no annual limits.

No, the H, L and P employment visas are not a path to a green card. These are nonimmigrant visas and are intended for temporary work in the US. To obtain a green card, or permanent residency, the foreign worker must apply for an immigrant visa, such as an EB-1 or EB-2 visa.

Yes, in order to apply for a work visa, an individual must have an offer of employment from a US company. The offer must be for a specialty occupation, which requires a minimum of a bachelor's degree or equivalent work experience or an invitation to compete or perform at an event of distinction. The employer is required to submit a petition to U.S. Citizenship and Immigration Services (USCIS)and may also be required to file a Labor Condition Application (LCA) with the U.S. Department of Labor. Once the petition is granted by USCIS you can apply for your Visa.

If the Employment Visa isn't right for your situation,

Check out our other immigration options, or speak to an On-Call Attorney to find the best route for you.