Business and Employment Immigration
There are a number of visa categories that allow applicants to work in the U.S., however, most of them require the prospective employer to sponsor the petitioner for work authorization with the U.S. Citizenship and Immigration Services (USCIS). In general, foreign nationals intending to work in the U.S. must obtain a temporary work permit approved by the USCIS and have the appropriate visa prior to entering the country.
Under U.S. immigration law, certain business activities can be conducted using the B-1 or B-2 tourist and business visa, or on the Visa Waiver Program if the requirements are met. This includes attending business meetings, purchasing property, negotiating and signing contracts, gathering and fulfilling orders, completing market surveys, attending conferences or training courses, etc. Much depends on the nature of the activity, source of income, and the length of stay. There is also a new E-3 visa that allows Australian nationals to work in specialty occupations in the U.S. and has different requirements from the other work-related visas.
There are two main categories for employment-based visas:
- Temporary Employment Visas: Temporary or non-immigrant visas are given to foreign nationals who enter the U.S. with permission and with what is called “non-immigrant intent,” meaning that the person does not intend to stay in the U.S. permanently.
- Permanent Resident Visas for Executives and Other Professional Employees (Green Cards): These visas are set aside for skilled professional and investors who intend to become U.S. permanent residents (green card holders).
Temporary Employment Visas (Non-immigrant Visas):
- B - Temporary Visitors for Business
- E - Treaty Traders or Investors and Australian Professionals
- H - Professional Workers
- L - Intra-Company Transfers
- O - Individuals of Extraordinary Ability
- P - Performing Artists and Athletes
- R - Religious Workers
- TN Visas - NAFTA Treaty Professionals
Applicants should remember that the above visa categories do not allow for permanent employment in the U.S., nor do they assure you a permanent residence in the U.S. These visas allow individuals to live for a designated period of time in the U.S. and to work at specific jobs. Dependents will also be able to join the principal worker and to study, but not to work during the duration of their stay in the U.S. Although the period of employment can be several years, the understanding in all these visa categories is that employee and the family will leave the U.S. after the employment is completed.
Permanent Resident Visas for Executives and Other Professional Employees (Green Cards):
- EB - 1 Multinational Executives/Researchers/Extraordinary Abilities
- EB - 2 Advanced Degree Professionals
- EB - 3 Skilled or Professional Workers
- EB - 4 Religious Workers
- EB - 5 Entrepreneurs or Investors
Applying for the Visa
To work legally in the U.S., non-residents must first locate an employer or sponsor who files a petition (Form I-129) with USCIS. The petition must be approved before a visa application can be considered. All applicants attending an interview for a non-immigrant visa must present the receipt number of an approved I-129 or I-797 petition. These petitions are now electronically verified. Applicants should expect a minimum of 2-3 business days for petitions to be verified before a visa can be issued.
Applicants may be asked to present evidence and documents that establishes their purpose and job qualifications. Applicants may also be asked to submit documentation of a residence abroad to which they will return after their work assignment is completed in the U.S.
The spouse and minor children (under age 21) of the principal applicant are eligible to apply for visas as dependents. Each dependent must complete a separate application and submit separate processing and visa fees.
Please contact us to start your immigration application now.