Los Angeles Work Visa Attorney

There are a variety of temporary work options available to foreign nationals.  Some such nonimmigrant visas include:

B-1 Visitor for Business

B-1 visitors will be admitted for a period of time that is “fair and reasonable” given their stated purpose of entry.  B-1 visitors may not engage in gainful employment.

E-1/E-2 Visas

Both E-1 and E-2 visas are available to foreign nationals of countries that have entered into a treaty agreement with the United States.  E-1 visas are for those involved in international trade who will enter the U.S. solely to carry on trade of a substantial nature which is international in scope.  E-2 visas are for foreign investors who have invested, or are in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.  There is no minimum amount of investment required, although it must be deemed “substantial.”

F-1 OPT

F-1 visa holders are international students who may apply for a work permit under the optional practical training program.  Typically, this work permit is valid for one year after completion of the student’s program.  In 2008, USCIS announced a new 17-month extension of work permits for those engaged in STEM occupations.

J Visas – Exchange Programs

Exchange visitors may enter under a J-1 visa.  They may enter for purposes such as conducting research, teaching, studying, training, or for placement with a host family as an au pair.  Some J visa holders may be subject to a two-year foreign residency requirement upon completion of their program.

H-1B:  Specialty Occupation Visas

H-1B applicants must demonstrate that their proposed job is a “specialty occupation” which is defined as an occupation that requires the “theoretical and practical application” of a “body of highly specialized knowledge.”  Applicants must also possess either a bachelor’s degree in the specific specialty, or the equivalent in work experience.

The first date on which H-1B petitions may be filed is April 1 of each year.  The number of visas allotted for that fiscal year are typically exceeded during the first two days of filing.  USCIS has instituted a lottery system to choose which petitions will be adjudicated when the H-1B cap is exceeded.  Those chosen will have their petitions adjudicated, but will not necessarily receive approvals.  Some applicants are exempt from the cap and may file at any time, including those with Master’s degrees from a U.S. educational institution.  For those subject to the cap, the first day on which they may begin working pursuant to their H-1B status is October 1 of the year of filing.  F-1 visa holder applicants with OPT work permits may be permitted to continue working until October 1 which permits them to maintain status throughout this gap of time.

H-2B:  Temporary Nonagricultural Workers

H-2B workers are those coming to the U.S. to perform temporary services or labor. Temporary services or labor include any job in which the petitioner’s need for a worker is temporary, specifically needs that are a one-time occurrence, a seasonal need, or a peak load need.  Applicants must demonstrate that they are not displacing U.S. workers and that their employment will not adversely affect the wages and working conditions of U.S. workers.

H-3 – Trainees

A foreign national may enter the U.S. at the invitation of an organization or individual for the purpose of receiving training in nearly any field of endeavor.  The petitioner must demonstrate that the training sought is not available in the foreign national’s home country, that the beneficiary will not be placed in a position in which U.S. workers are regularly employed, that the foreign national will not engage in productive employment, and that the training will benefit the foreign national in pursuing a career outside the U.S.

L – Intercompany Transferees

L visas are divided into two categories:  L-1A and L-2B.  L-1A visas are for executives and managers, whereas L-2B visas are for employees who posses “specialized knowledge” of an organization’s product, service, research, equipment, techniques, etc.  For both types of visas, there must exist a relationship between a U.S. company and a foreign entity.  The foreign nationals must be employed by the foreign entity for a period of one year, during the previous three years, in order to be eligible for an L visa.

O Extraordinary Ability Visas

O visas apply to a wide range of fields, including athletics, science, education, business, and the arts.  Applicants in an artistic field must demonstrate that they have achieved a level of distinction in their field.  All other applicants must demonstrate that they are foreign nationals of extraordinary ability in their fields.

P – Performer Visa

Members of internationally recognized entertainment groups, certain athletes, and certain culturally unique artists and entertainers may apply for a P visa.

R Visas

R visas are temporary work visas for religious workers.  R visa holders must be coming to work for a bona fide non-profit religious organization, and they must have been a member of this organization for two years.

TN Visas

TN visas, pursuant to NAFTA, are only available to Mexican and Canadian nationals who are engaged in activities at a professional level.  TN status may be renewed indefinitely; there is no cap on the number of years in which a foreign national may hold this status.  Examples of qualified activities include management consultants, accountants, engineers, lawyers, physicians and professors. 

The information contained on this page is for general informational  purposes only and is not to be construed as legal advice.

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