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| H-1B is
temporary employment authorization for foreign professionals to work
in specific occupational specialties. The position must require at
least a U.S. Bachelor’s degree or it’s equivalent (i.e., foreign
degree or combination of education/training plus some years of
experience in the desired field). An employer must sponsor the
petition for the employee. Common occupations include all types of
engineers, researchers, business analysts, market research analysts,
interior designers, accountants, teachers, hotel managers, etc. |
The L-1 visa category is
designed for people transferring from a company abroad to work in
the U.S. company having a qualifying relationship. L-1A requires
that the employee hold an executive or managerial position. L-1B
requires that the employee hold a position involving “specialized
knowledge”. To obtain a L-1 visa, the employee must have worked
abroad for the overseas company for a continuous period of one year
(full-time) in the past three years. |
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| The E visa
category (E-1 treaty-trader and E-2 treaty-investor) was established
to give effect to those treaties between the U.S. and foreign
countries that provide for reciprocal benefits to nationals of each
country who invest in the other country or who conduct trade between
the two countries. A treaty must exist between the U.S and foreign
country and the national of the foreign country must hold majority
ownership or control of the investing or trading company. |
Aliens of “extraordinary
ability” in the sciences, arts, education, or athletics qualifies
for the O-1 visa category. “Extraordinary ability” means a person
who has risen to the very top of his or her field of endeavor. The
applicant must demonstrate sustained national or international
acclaim and recognition for achievements in the field of expertise.
The O-1 visa is also available to those in motion pictures and
television who can demonstrate a record of “extraordinary
achievement.” An O-1 visa requires a U.S employment offer. |
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| According to the
North American Free Trade Agreement (NAFTA), Canadian or Mexican
citizens who are categorized as professionals may apply for a TN
visa. The minimum requirement is a Bachelor’s degree in the U.S. or
its equivalent (i.e. foreign degree or combination of
education/training plus some years of experience in the desired
field). The employee must have an offer of employment in the U.S. |
The R visa allows applicants
to work for an organization recognized as a religious, non-profit
organization as a minister or professional in a religious occupation
or vocation. The applicant is required to show that he or she, for
the 2 years immediately preceding the time of the application for
admission, has been a member of a religious denomination of a bona
fide, nonprofit religious organization in the U.S. |
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| The P visa categories are
reserved for aliens coming to the U.S. to perform in athletics or
entertainment. P-1 allows internationally recognized artist,
entertainer, or athlete to enter into the U.S. to participate in a
performance for a U.S. employer or a U.S. agent. The P-2 visa is
available to artists and entertainment groups for entering the U.S.
to perform under a reciprocal exchange program between the U.S. and
the foreign country. A P-3 visa classification is given to artists
or entertainers coming to the U.S. for the purpose of developing,
interpreting, representing, coaching, or teaching a unique or
traditional ethnic, folk, cultural, musical, theatrical, or artistic
performance or presentation for a U.S employer of U.S. agent. |
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