WORK AUTHORIZATIONS
Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa. There are only 2 legal questions you can ask regarding work authorizations:
- Are you eligible to work for any employer in the US?
- Do you require sponsorship now or in the future?
TEMPORARY WORK VISA CATEGORIES
| H-1B: Person in a Speciality Occupation | To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense. |
| H-1B1: Free Trade Agreement Professional | To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.) |
| H-4B: Dependent Visa of H-1B | An H4 visa is issued to dependent family members (spouse and children) of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay |
| L1: Intracompany Transferee | To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years. · The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States. · The L-1B visa is for intracompany transferees who work in positions that require specialized knowledge. |
| L2: Family Member of L1 Classification | The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. |
| TN: Approved Canadian & Mexican Citizen | The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate a temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico. · TN-1 is for Canadian professionals TN-2 is for Mexican professionals |
H-1B REQUIREMENTS
The H1B visa applicant must meet the following requirements to be eligible for the H1B visa:
- Applicant should hold a bachelor’s degree or master’s degree or the foreign equivalent. The applicant can bypass this requirement if they have at least 12 years of specialized work experience. (For example, an M.D. for a surgeon
- The degree requirement for the job is typical for the job (The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.)
- The work must be one that requires a professional in a specialty occupation
- Applicant must possess deep knowledge in the required field
- The employer must demonstrate the lack of qualified US applicants for the position
There is a 65,000 cap for H1B visas, with 20,000 additional visas for foreign professionals with a masters or doctorate from a US institution of higher learning.
DURATION
- An H1B visa is valid for three years (and can be extended to up to six years)
- There are some exceptions that allow up to 10 years depending on the type of work. (i.e. US Department of Defense)
- 60-day grace period to find an alternate employer or get your green card if you quit or are dismissed
H-4B | FAMILY OF H-1B HOLDERS
- Spouse and unmarried children under 21 years of age must complete an H4 visa application which can be done at the same time as the H1B visa application, or after the H1B visa has already left to the US.
- H4 visa holders can go to school, open bank accounts, get a driver’s license and receive a social security number.
- H4 visa holders can also legally work while in
the US after applying for an Employment Authorization Document while on the H4
visa.
- Once the H1B visa holder’s visa expires, all of the dependent family members will have to return to their home country along with the H1B visa holder.
TN VISA
There is no yearly quota for the TN Visa which provides all qualified applicants the opportunity to be granted a visa. Citizens of Canada or Mexico need to be:
- Qualified under one of the accepted NAFTA professions and provide evidence that the position in the United States requires a NAFTA professional
- Participant has prearranged a part-time or full-time job with the U.S. employer. Self-employment is not accepted for this visa.
- Evidence that the participant matches the credentials and educational requirements of the position.