American visas
Overview of U.S. visas
The majority of U.S. work visas need to be reviewed and approved by the United States Citizenship and Immigration Services (USCIS) before the foreign worker can go to a U.S. embassy or consulate to get their visa.
If the employer pays an extra fee for premium processing, USCIS can approve the visa in 15 days. Then, the U.S. embassy or consulate will issue the visa on the foreign worker’s passport within an average of 3-8 weeks, depending on the embassy. This visa allows the foreign worker to come to the U.S. and work under the conditions specified in their visa.
However, some visas, like the E-2 Treaty Investor Visa and the E-1 Treaty Trader visa, can be applied for directly through a U.S. embassy.
Why choose Patriot Immigration for non-Immigrant work visas?
At Patriot Immigration, we have in-depth discussions with both the employer and the foreign worker to determine which visas are viable options. We help them understand the requirements, timing, cost, length of visa validity, and other critical factors to help them decide which visa is the best choice for their needs.
Depending on several factors, including the nature of the job, the size of the employer, the type of business, and the foreign worker’s qualifications, there may be several different viable work visa options. We can help you navigate the process and choose the best option for your situation.
Investment Visa E-2 and Treaty traders E-1
- Allows citizens of countries with a treaty of commerce with the United States to open a U.S. company and use this company as a basis to immigrate and work in the United States.
- The citizens of the treaty country can either purchase an existing U.S. company, or start an entirely new company. The company may be in any legal line of business.
- The E-2 and E-1 visas are one of the few visas which permit someone to immigrate to the U.S. without a job offer and without a family-based petition. It can be renewed an unlimited number of times and allows the visa holder’s spouse to work as well.
Visa for Individuals with Extraordinary Ability or Achievement (O-1)
- The O-1A and O-1B visas allow individuals with extraordinary ability in any field to obtain a visa and work legally in the United States in their areas of expertise.
- The O-1 visa is extremely flexible in terms of conditions of employment. One can be a traditional full-time employee of a U.S. company, an independent athlete or performer, a contractor with freedom to work in many different companies or projects, or even an entrepreneur sponsored through a company owned by the visa holder.
- It can be used as a visa to allow for flexible occasional projects in the U.S., or as a strong first step towards obtaining a permanent residence (green card) in the future.
Visa for Intracompany Transferees (L-1)
- The L-1 visa is the U.S. work visa most commonly used by multinational companies, which allows them to transfer staff to the U.S. to either work in an existing branch, subsidiary or affiliate, or even send an employee to open a new U.S. office.
- The L-1 visa has two subcategories, the L-1A visa for managers and executives, and the L-1B visa for employees with specialized knowledge relating to the company’s organization’s product, service, research, equipment, techniques, management, processes or procedures.
- Both large and small companies can benefit from the L-1 visa, and the L-1 can even be used by foreign entrepreneurs who wish to open a new U.S. company or move to the U.S. to manage the operations of their U.S. branches.
Visa E-1 / E-2 for essential employees and managers
- Though the E-1 treaty trader and E-2 treaty investor visas allow the owner of a U.S. company to immigrate to the U.S., the a qualifying treaty company can also benefit from two flexible work visas, the E-1/E-2 Executive Visa and the E-1/E-2 Essential Employee visa.
- The E-1/E2 Executive Visa allows for a treaty company to transfer a executive, supervisory or managerial employee to the U.S. to manage the staff and operations of the U.S. treaty company, or alternatively, transfer essential employees with special qualifications to the treaty company.
- Unlike other temporary work visas, the E-1/E-2 visas for executives and essential employees can be renewed an infinite number of times, and in general terms, lack many of the more complex or burdensome requirements of other temporary work visas for employees.
H-1B for workers in specialty occupations
- The H-1b visa is one of the most popular U.S. work visas. Put very simply: it requires a U.S. employer to offer a job to a foreign worker that qualifies as a “specialty occupation.” which means any job that customarily requires at least the equivalent of a U.S. baccalaureate degree as an entry level requirement.
- Unless exempt, a U.S. for profit employer will generally have to enter the prospective foreign worker’s information into a yearly lottery, and can move forward with sponsoring the worker only if they are selected. Exempt employers include institutions of higher education, related or affiliated nonprofit institutions, non-profit research institutions, or government research institutions.
- The H-1b visa is considered a “dual intent” visa, which facilitates the process of obtaining a green card for the h-1b visa holder.
Why choose Patriot Immigration ?
At Patriot Immigration, we conduct a thorough analysis of each company or individual’s unique situation to determine the most viable immigration options. We present all possible options to our clients and explain the advantages and disadvantages of each one, so that they can make an informed decision.
If there are no viable immigration options available at the moment, we provide honest and practical advice on what steps can be taken to become eligible in the future. With proper planning, new options may become available, and we are committed to helping our clients achieve their immigration goals.
Frequently Asked Questions
Do temporary work visas lead to permanent residence (green card) or citizenship?
No. However, temporary work visas can indirectly facilitate permanent residence in many ways. For example, a U.S. employer may first sponsor a worker for a temporary work visa because they are generally much faster to obtain than a sponsored employment-based green card. This allows the employer to see if the foreign worker is a good fit for the company, before going through the cost and time to sponsor them for a green card.
Can my family members accompany me ?
Yes, virtually all non-immigrant visas allow the visa holder’s spouse and unmarried children under 21 to obtain derivative visas and also come to the United States, for the same duration as the principal visa holder.
Can my family work and study ?
It depends. All derivative visas for spouses and children allow the relatives to legally study, including in private or public schools, or even universities.
Certain visas allow a spouse to work, but many do not, and many do only under specific circumstances. The spouses of E-1, E-2 and L-1 visa holders are employment authorized. Concerning other visas, please contact us for more information.
Children of non-immigrant visa holders are never employment authorized.
How long does a temporary work visa last for, and how many times can they be renewed ?
Each visa has its own validity period, and some even vary depending on your nationality. Work visas range in validity from as little as a few months, to 7 years. Some visas, such as the E-1, E-2 and O-1, are infinitely renewable. Others, such as the H-1b and L-1 are limited to a certain number of years, though spending a certain amount of time outside the United States can “reset” the visa and allow it to be issued again, even if the limit on the number of years has been reached.
Can I work for any employer if I have a temporary work visa?
No. When you apply for a temporary work visa, you must specify who the U.S. petitioner will be. Working for an employer who is not included on the petition can cause the foreign worker to violate the rules and conditions of their status, which can jeopardize their status in the country. An individual wishing to change employers would have to find a new U.S. employer to file a petition before the individual can change to that employer.