These students, who will be given a short-term J-1 visa, get the opportunity to interact with U.S. citizens, experience U.S. culture while sharing their own cultures with Americans they meet, travel in the United States, and work in jobs that require minimal training and are seasonal or temporary. Such jobs let them earn funds with which to help defray a portion of their expenses. You, as the employer, benefit from access to a pool of talented, educated young workers when you need them most. This article will describe some of the details of utilizing this J-1 program opportunity in your business, including.
The J-1 seasonal work program is not available to your company if you’re looking to fill certain types of positions. These include, for example:
For more information and details, see the government regulations at 22 C.F.R. § 62.32(h).
To hire J-1 students for your seasonal needs, you will work with one of the many companies and organizations that act as J-1 seasonal employee sponsors. See the government's Designated Sponsor Organizations By Program page.
For a fee, the sponsor can serve as your staffing agency, determining your hiring needs and advertising your job openings abroad.
The sponsor, often through its agents in foreign countries, can help identify and recruit foreign students, and arrange interviews to take place either in the U.S. or abroad. Sponsors will ensure that the students are able to speak English and are aware of any contractual obligations related to their acceptance of paid employment with you.
Sponsors will arrange to put you in touch with a student workforce no matter the season during which you experience a demand for extra labor. Although the J-1 seasonal work program is often referred to as “summer work/travel,” it doesn’t necessarily mean the U.S. summer. Rather, the program is for students on their break between academic years. Across the globe, it’s always summer for students somewhere!
Sponsors also have ongoing obligations to the students they place, and will be expected to be in monthly contact (at a minimum) and to act as facilitators, counselors, and information resources, as needed.
You must pay your J-1 seasonal workers the prevailing local wage, which is either the applicable state or the federal minimum wage, whichever is higher.
If your J-1 employees work overtime, you must pay them for it in accordance with your state’s employment laws. Also, you must provide students the number of hours of paid employment per week that you promised in the job offer.
In recent years there has been concern about employers misusing the J-1 seasonal worker program and exploiting the foreign student workforce. You should keep in mind that the program is fundamentally one for cultural exchange, and the sponsor will be monitoring the employment situation for compliance with program requirements.
Under the regulations, you have to notify sponsors promptly when students arrive at your work site; when you need to reassign students to a different type of work; when students are not meeting the requirements of their jobs; and when a student quits the job early for any reason. You must contact sponsors immediately in the event of any emergency involving students or any situation that impacts their welfare.
For a full analysis of the possibilities for your business, and help navigating the bureaucratic details, consult an experienced immigration attorney.
There are no limits on the number of people who can be granted H-3 visas each year.
U.S. Citizenship and Immigration Service (USCIS)'s regulations (8 C.F.R. § 214.2(h)) recognize some specific types of trainees as potentially H-3 eligible, including certain medical interns or residents; licensed nurses who need a brief period of training that is unavailable in their native country; and special education exchange visitors. The requirements for the latter group are slightly different than for other trainees.
Some of the advantages and disadvantages of the H-3 visa include:
A person may qualify for an H-3 visa if coming to the U.S. for on-the-job training to be provided by a U.S. company. Productive employment in the U.S. can be only a minor part of the total program. The purpose of the training should be to further a career in the person's home country. Similar training opportunities must not be available there.
Unfortunately, few training programs meet USCIS's strict qualifications. Many people find it cheaper and easier to apply for a B-1 business visitor visa, especially if the training program lasts for less than six months (the maximum stay on a B-1 visa).
The applicant must also possess the necessary background and experience to complete the U.S. training program successfully. Obviously, however, this should be the first time they will receive this particular type of training. And, as with many nonimmigrant visas, the applicant are eligible for an H-3 visa only if they intend to return to the home country when the visa expires.
The type of training programs that successfully lead to H-3 visas usually exist in one of two situations. Either a multinational company with branches in various countries wishes to train employees in its U.S. branches before sending them to work elsewhere; or, a U.S. company wishes to establish a beneficial business relationship with a foreign company.
For details about what to expect and do during the H-3 visa application process, see the book U.S. Immigration Made Easy (Nolo). You might also wish to consult with or hire an immigration attorney for a full personal analysis of your eligibility, and for help with the application process. Or, the company bringing you on might hire an attorney to start the process.
]]>In such a situation, the easiest thing might be able to apply for an “R” visa. This is a nonimmigrant (temporary) visa that the U.S. government issues for up to 30 months, which can be renewed for a stay of up to five years.
The requirements for an R visa are fairly straightforward: You have to:
(See 8 C.F.R. § 214.1.)
It's also true that churches can apply for an employee to get a green card and become a permanent resident of the United States. However, many strict conditions have to be met, making this a less likely option, which we won't discuss in detail here.
Because the R visa is considered a type of employment visa, the church or other religious organization has to start the process by filing a petition for you, the non-citizen. The U.S. government will be looking not only to make sure that you meet the conditions for the visa, but also that the church meets the conditions for being a sponsor. Only churches, bona-fide (”real”) nonprofit religious organizations and bona fide nonprofit organizations that are affiliated with a denomination may petition someone to get an R visa.
The requirement that the job must be a religious occupation means that it must be part of a religious denomination’s usual practices and be related to carrying out the denomination’s mission.
A church cannot ordinarily sponsor someone for things like low-responsibility clerical jobs, for cleaning, or for other types of basic tasks that aren’t considered related to religious practice. However, the church could probably apply for an R visa for a person to work in its food bank, be an associate pastor, or run its homeless ministry.
One word of caution: If the church or religious organization, has never applied for someone to receive a visa before, U.S. Citizenship and Immigration Services (USCIS) will likely conduct a site visit. This means that U.S. immigration officials will come ask questions about the church's history and purpose, as well as about your affiliation with it. The officials are trying to verify that the church actually exists, that people attend it, and that you really will be working there.
Make sure to discuss these practical considerations with your church before it goes ahead with filing a petition. The church takes on certain responsibilities as a "petitioner." The church will need to pay the filing fee for the application, and its staff should be prepared to communicate with USCIS by mail, by telephone, or in person in the case of a site visit. If the church decides to hire an attorney, that attorney will mostly be representing the church and not you, the religious worker. Lastly, the church should make sure it has a sufficient budget to cover your full compensation for the period of the religious worker visa.
To start the application process, both you and the church will have to prepare documents showing that you qualify. First, the church will fill out the I-129 Petition for a Nonimmigrant Worker, which will serve to assure USCIS that:
The form must be signed by a representative from the church and filed with USCIS on your behalf along with supporting documents and a fee. In cases where the petitioner is a nonprofit organization, a representative from a religious denomination also has to sign the I-129.
One of the biggest hurdles for applicants is that USCIS will be looking for continuity in your membership in a denomination. Being a member of a Protestant church in your home country, for example, and a Protestant church in the U.S. won’t necessarily count as being part of the same denomination. There needs to be some shared authority or beliefs that connect the two churches. For example, if you attended a Southern Baptist church in your home country and a Southern Baptist church in the U.S., then that would likely qualify, because the Southern Baptists are an established denomination with specific authority structures and denominational beliefs.
If the church decides to go ahead with petitioning you, make sure that it files the I-129 prior to the expiration of your permitted stay on your visa (as shown on the Form I-94 that Customs and Border Protection prepared for you when you entered the United States). Any change from one type of temporary visa to another is legally considered a change of immigration status, and requesting a change of status requires that you have a valid immigration status when you apply.
However, a request to change status does not have to be approved by USCIS prior to the expiration of your permitted stay; it just has to be filed by that time. Its filing will automatically extend your permitted stay while USCIS makes a decision on your case.
Although using an attorney is not required for U.S. immigration processes, it can greatly assist with both the speed and success of your application. If you do indeed obtain an R visa for a religious worker, you might also be able to apply for a green card after several years, on the basis of the same job. This is complicated, and depends in part on whether your job is as a minister. Find more information in EB-4 Visa for Religious Workers: Who Qualifies?
]]>A job offer from a U.S. employer is a basic requirement for the O-1 visa. There is no annual limit on the number of people who can receive O-1 visas.
Literally speaking, a "visa" is a U.S. entry document. Once in the U.S., you will be in "O-1 status." Or, if you are already in the U.S. legally, it's possible to apply for O-1 status without first getting an entry visa. But in that case, if you ever travel out of the U.S. while in O-1 status, you’ll need to make a stop at a U.S. consulate to obtain an actual O-1 visa for reentry.
Some of the advantages and disadvantages of the O-1 visa or status include:
O-1 visas are available to people who have not only a job offer in the U.S., but have proven extraordinary ability in the sciences, arts, education, business, or athletics. What does it mean to be considered a person of extraordinary ability? See below for the details.
Broadly speaking, the person must have received national or international acclaim in a particular field, or, if working in motion pictures or television productions, have a demonstrated record of extraordinary achievement.
O-1 visas can be given only on the basis of a person’s individual qualifications. Being a member of a group or team will not, by itself, qualify someone for an O-1 visa.
In addition, the person must be coming to the U.S. work or perform at an event or a series of events in the area of extraordinary ability. The term “event” is interpreted liberally outside the fields of athletics and arts and can include, for example, an ongoing research project for a private company.
To meet the O-1 visa standards, the applicant must be able to show extraordinary ability and receipt of sustained national or international acclaim for it. This can be demonstrated if the person has gotten a major internationally recognized award, such as an Olympic medal or a Pulitzer Prize, or has accomplished at least three of the following:
If the above criteria do not readily apply to the applicant's occupation, the company filing the immigration petition may submit comparable evidence to show how “extraordinary” the person really is. The company should take care to explain exactly why the above criteria do not apply to the applicant.
When applying as an O-1 alien of extraordinary ability in the arts, applicants should start by making sure their work fits the immigration law’s definition of art. The U.S. Citizenship and Immigration Services (USCIS) regulations define art broadly, to include:
. . . any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.
(See 8 C.F.R. § 214.2(o)(3)(ii).)
Applicants must also be coming to the U.S. to perform in the area of extraordinary ability. They must be recognized as prominent in the field of endeavor. To demonstrate such recognition, applicants will need to supply documents showing that they have been nominated for or have received significant national or international awards or prizes in the particular field, such as an Oscar, Emmy, Grammy, or Director’s Guild Award. Alternately, employers filing a petition can submit at least three of the following forms of documentation:
If the above criteria do not lend themselves to the person's occupation and situation, the petitioning employer may submit alternative but comparable evidence in order to establish eligibility.
For details about what to expect and do during the O visa application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).
You might also wish to consult an immigration attorney for a full personal analysis of your eligibility and for help with the application process. Nolo's Lawyer Directory can help you find an expert attorney who fits your needs. Look in particular for an attorney with expertise in business immigration law (even immigration law has many subspecialties within it).
]]>In this article, we will explain who is eligible for an H-2B visa and how to apply. For the law itself regarding H-2B visas, see the Immigration and Nationality Act or I.N.A. § 101 (a)(15)(H), 8 U.S.C. § 1101(a)(15)(H).
Ordinarily, the total number of H‑2B visa petitions that can be approved during the U.S. government fiscal year (October 1 through September 30) is 66,000. (The law basically divides the fiscal year into two parts, so that half the visas can be passed out during the first six months and the remainder during the second six months of the fiscal year.)
In the past, the annual quota has not always been enough to meet the demand for visas in this category. Thus the Department of Homeland Security (DHS) sometimes announces supplemental increase, as it did for fiscal year 2024, adding 64,716 H-2B visas to the pot, to be allocated in two six-month periods.
Of the supplemental FY 2023 allotment, 20,000 visas will be reserved for workers from Haiti, Colombia, Ecuador, Costa Rica, Honduras, Guatemala, and El Salvador. The remaining 44,000 supplemental visas will go to returning workers who were granted an H-2B visa or status during one of the previous three fiscal years.
Let’s review some of the pluses, minuses, and issues surrounding the H-2B visa:
H-2B visas are meant for both skilled and unskilled workers (unlike H-1B visas, which are solely meant for college-educated workers).
The applicant must meet a number of requirements to qualify for an H-2B visa:
The term "temporary" refers to the employer’s need for the duties performed by the position. There must be a specific beginning and end to the employer’s need for the worker's services. Seasonal laborers, workers on short-term business projects, and those who come to the U.S. as trainers of other workers commonly get H-2B visas. A job can be deemed temporary if it is a one-time occurrence, meets a seasonal or peak-load need, or fulfills an intermittent but not regular need of the employer.
H-2B visas are also frequently used for entertainers who cannot meet the criteria for O or P visas. H-2B visas enable such entertainers to come to the U.S. for specific bookings. These bookings are considered temporary positions.
The H-2B is most commonly used for landscapers and groundskeepers, forest and other conservation workers, maids and house cleaners, amusement and recreation attendants, meat, poultry, and fish cutters and trimmers, and waiters or waitresses. Other jobs that have met the criteria include athletes, camp counselors, craftspersons, horse trainers, and home attendants for terminally ill patients. Although we’ve just given several examples of jobs that meet the USCIS’s definition of temporary, be aware that most jobs do not.
Also realize that the work itself needs to be legal, or you could become deportable or ineligible for future visas to the United States.
For instance, despite marijuana having gained various degrees of legality in states such as Washington, Colorado, and California, it remains on the list of controlled substances under the Controlled Substances Act (21 U.S.C. § 802). And U.S. Customs and Border Protection (CBP) officials, who meet people at borders, airports, and other entry points, have in past cases deemed labor in marijuana fields to be a form of “drug trafficking,” which is among the many activities that can lead a person to be found inadmissible to the U.S., under Section 212(a) of the Immigration and Nationality Act (I.N.A.).
For a person from a nonparticipating country to qualify for an exception, he or she must show evidence of being the beneficiary of an approved H-2B petition, as well as how approval would serve the U.S. interests, based on such factors as:
Unfortunately, the U.S. government’s record of decisions on when to grant such exceptions is noted for its inconsistency.
As of 2023, the following countries are on the H-2B visa list:
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If you think you might qualify for an H-2B visa, your most important task is to find a U.S. employer who wants to hire you and has the patience to wait until you've gotten through the visa process. That employer will most likely need to hire a lawyer to help. Larger employers often have their own lawyers on staff. Because in most years, there are more people trying to get an H-1B visa than there are visas available, a lawyer can help make sure that your application is done right the first time, and gets filed before the visas run out.
For details about what to expect and do during the application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). Or, consult an immigration attorney for a full personal analysis.
]]>There is no annual limit on the number of people who can receive R visas.
Here, we'll describe the R visa's:
Some of the advantages and disadvantages of the R visa include:
An R-1 visa is available to a person who has been a member of a legitimate religious denomination for at least two years and has a job offer in the U.S. to work for an affiliate of that same religious organization. The work must be for at least 20 hours per week.
R-1 visas may be issued both to members of the clergy and to lay religious workers. The initial stay can be up to 30 months, and the maximum stay is five years.
The criteria for qualifying are, for the most part, the same as those for religious workers applying for special immigrant green cards (lawful permanent residence). For example, in both cases, minister is defined as a person authorized by a recognized religious denomination to conduct religious activities. The term covers not only ministers, priests, and rabbis, but also salaried Buddhist monks, commissioned officers of the Salvation Army, practitioners and nurses of the Christian Science Church, and ordained deacons. The applicant will probably be expected to prove formal recognition from the religious organization in question, such as a license, certificate of ordination, or other qualification to conduct religious worship.
The subcategory of “other religious workers” covers people who are in a “religious vocation” or “religious occupation” and are authorized and qualified to perform normal religious duties, but are not considered part of the clergy. This includes anyone performing a traditional religious function, such as liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. It does not cover workers involved in purely nonreligious functions such as janitors, maintenance workers, clerical staff, fundraisers, or even singers. It also does not cover volunteers.
However, there is one major difference from the green card qualification criteria. It is not necessary that R-1 visa workers were actually employed by the religious organization (either abroad or in the U.S.) before getting the visa. They need only to have been members of that organization for two years.
In most cases, people who qualify for R-1 visas also qualify for green cards as special immigrants and might prefer to apply directly for a green card.
The R visa for religious workers is, unfortunately, intended solely for people doing work directly connected to the church or religious organization’s core spiritual activities. The job itself further must be religious (not secular) in nature, such as a minister, choir director, or monk. For example, despite the fact that the organization might need an event manager for a fundraiser, or a janitor, such duties are mostly administrative in nature, which would not qualify the worker for an R visa.
The R visa also is not available for volunteers; the person must be doing paid work.
Spouses and unmarried children under age 21 of R-1 visa holders can get R-2 visas, which they can apply for at the same time or after the main applicant. They will need to provide birth or marriage certificates to prove the family relationship, and will need to show that they don't personally fall into any ground of inadmissibility. The R-2 allows them to stay in the United States, but not to accept employment.
For details about what to expect and do during the R visa application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).
You might also wish to consult an experienced immigration attorney for a full personal analysis of your eligibility, and for help with the application process. Look in particular for an attorney with expertise in business immigration law (even immigration law has many subspecialties within it).
]]>Let's take a closer look at the rules regarding TN visa eligibility.
Here are the basic requirements:
If the applicant qualifies and properly applies for the visa, and is not otherwise “inadmissible” to the United States, visa approval is very likely. But a person who intends to separately apply for lawful permanent residence (a green card) while in the United States can be denied TN status, because of violating the requirement that TN applicants intend to stay in the United States only temporarily.
At present, only the occupations listed in Chapter 16, Appendix 2 of the United States-Mexico-Canada (USMCA) Agreement can apply for TN status. Unless stated there, the applicant will also need a bachelor’s or licensure degree from a college or university.
This agreement was formerly known as NAFTA. In 2020, however, the USMCA went into effect, replacing NAFTA. The TN visa was mostly unaffected by the new trade agreement. In fact, the text regarding the TN visa in NAFTA has been largely reproduced in Chapter 16.
The primary advantage of the treaty professional procedure is avoiding the potentially long delays that follow filing a visa petition in the United States (the usual procedure for other nonimmigrant visas, such as H-1Bs).
TN status is also useful for Canadians and Mexicans who have used up their six years of H-1B status, but wish to continue working in the United States. That is because there is no formal legal limit on the number of times TN status can be renewed, nor the number of years one can spend working in TN status. Similarly, TN status is helpful for first-time H‑1B applicants who find that the annual supply of H-1B visas has run out.
And, because the list of professions qualifying for TN status is fairly lengthy, this status is beneficial for some people whose profession could never qualify them for an H-1B visa in the first place.
The main disadvantage is that professional workers using the TN instead of a standard H-1 visa must show that they intend to return to Mexico or Canada when their work in the U.S. is finished. Therefore, if the person plans to apply for a green card, it’s best to, if possible, first get a standard H-1 visa, which does not have these restrictions. (Unfortunately, not all professional TN categories qualify for an H-1B visa.)
Another problem is that if the applicant has a difficult case and is denied entry to the U.S. as a treaty professional, there is no appeal available. The only option is to reapply, after attempting to fix whatever problems the U.S. Customs and Border Patrol official noted in the first application.
By contrast, when a standard H-1 visa petition is denied, or if the worker applies for a TN status extension or change of status by filing an application with U.S. Citizenship and Immigration Services (USCIS), there is an avenue by which to appeal the decision through USCIS and, eventually, the U.S. courts.
The next step depends on which country the applicant is from. Citizens of Mexico should consult a local U.S. consulate. Citizens of Canada should see TN Visa Application Procedures for Canadians.
If you're having trouble figuring out your TN eligibility or taking steps to apply, an immigration attorney can help.
]]>If someone is a businessperson from one of the listed countries, and plans to either engage in substantial trade with the U.S. or work for an enterprise that does, then an E-1 visa might be appropriate. In fact, it could serve the visa holder well for a number of years, as there is no limit on the number of E-1 visas issued every year, and the E-1 can be renewed indefinitely.
Let’s review some of the pluses, minuses, and issues surrounding the E-1 visa:
Given what a desirable visa this is, the question becomes who exactly might qualify for one. To qualify for a visa in category E-1, the person must:
E-1 visas are available to citizens of certain listed countries (ones that have qualifying treaties with the United States). To check whether a particular country has such a treaty in force, see the complete list at Volume 9 of the U.S. Foreign Affairs Manual (FAM), § 41.51, Exh. 1.
At least 50% of the business where the E-1 applicant will work must be owned by citizens of the treaty country. The company may be owned by the visa applicant or by others. If the company is owned in part or in whole by others, and some or all of them already live in the U.S., they may need to have E-1 visas themselves before the company can act as an E-1 sponsor.
Also, the owners from the applicant's country must either live outside the U.S. and be classifiable for E-1 status or live inside the U.S. with E-1 visas. This is complex stuff, so see an immigration lawyer if you’re having trouble figuring out whether you might qualify.
For details about what to expect and do during the E-1 visa application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). You might also wish to consult an immigration attorney for a full personal analysis of your eligibility, and help with the application process.
]]>Under U.S. immigration law, a worker qualifies for an L-1 visa if the person has been employed outside the U.S. by the sponsoring company for at least one continuous year out of the past three years, and is being transferred to the U.S. to work as a manager, executive, or specialized knowledge worker. (Managers and executives receive L-1A visas and people with special knowledge receive L-1B visas.)
The U.S. company to which you are transferring must be a parent, branch, subsidiary, affiliate, or joint venture partner of the non-U.S. employer. “Non-U.S. company” means that it is physically located outside the United States. Such a company may be a foreign division of a U.S.-based business or it may have originated in a country outside the United States. Either one fits the definition of a non-U.S. company.
The company must continue operations for the duration of your visa, and the visa holder should expect to be transferred back upon return. In case the foreign employer closes, the U.S. employer must have a related foreign company to which the L-1 visa holder could theoretically be transferred.
Here are some of the pluses, minuses, and other things to know about the L-1 visa:
Also, because there are no limits on the number of L-1 visas given out each year, you won't face a waiting list or registration lottery when applying.
Let’s take a closer look at some of the eligibility rules for the L-1 visa.
The job held with the non-U.S. company must fit the definitions of a manager, executive, or person with specialized knowledge. What does that mean, in plain language? The immigration-law definitions of “manager,” “executive,” and “specialized knowledge” are more restricted than their everyday, dictionary meanings.
Manager. A manager is defined as someone who:
This definition can be difficult to apply in the case of first-line supervisors; that is, lower-management personnel who directly oversee non-management workers. A first-line supervisor is not normally considered a manager; but the opposite may be found if the employees being supervised are at a professional level. The meaning of “professional” is a worker holding a university degree in a field related to their occupation.
Note: A manager coming to work for a U.S. office that has been in operation for at least one year may also qualify for a green card as a priority worker.
Executive. An executive is defined as someone who, as part of their primary role:
Note: An executive coming to work for a U.S. office that has been in operation for at least one year may also qualify for a green card as a priority worker.
Persons With Specialized Knowledge. The term “specialized knowledge” refers to the employee’s understanding of the employer company, including its products, services, research, equipment, techniques, management or other interests and its application in international markets, or advanced knowledge of the company’s processes and procedures.
USCIS and consular officers will be looking for knowledge related to the company that is not widely held throughout the industry or even within the company, but is truly specialized; or, to use USCIS's favored term, "advanced and unique" as compared with that of other employees who are similarly situated. The agency will also be looking to see that such knowledge is not readily available within the United States.
L-1 visas are available only to employees of companies outside the U.S. that have related U.S. parents, branches, subsidiaries, affiliates, or joint venture partners. There is also a special category for international accounting firms. For visa purposes, these terms have the following specific definitions.
Parent. A non-U.S. company that owns more than 50% of the U.S. employer.
Branches. A different operating location of the same company. The clearest example of this is a single international corporation with branch offices in many countries.
Subsidiaries. The U.S. company owns a controlling percentage (50% or more) of the foreign company.
Affiliates. Although no direct ownership exists between the two companies, both are controlled by a common third entity, either a company, group of companies, individual, or group of people.
Joint Venture Partners. Although there is no common ownership between the two companies, they have jointly undertaken a common business operation or project
International Accounting Firms. In the case of big accounting firms, the interests between one country and another are not usually close enough to qualify as affiliates under normal L-1 visa rules. Nevertheless, the law considers the managers of such companies qualified to support L-1 visa petitions for their employees. The firm must be part of an international accounting organization with an internationally recognized name.
There's no automatic stepping stone from L-1 status to a green card. You still must separately show eligibility for U.S. lawful permanent residence. You might do so based on employment (most likely through your current employer, if it is willing to sponsor you in one of the employment-based green card categories); or perhaps through a qualifying family relationship, such as marriage, to a U.S. citizen or permanent resident; or in some other category of U.S. immigration law.
Assuming you do have a basis for green card eligibility, you will enjoy several advantages over other types of immigrant visa applicants, including:
We'll elaborate on these points below.
By way of background, most applicants for nonimmigrant visas must prove, as a condition of getting the visa, that they are not ultimately hoping to get a U.S. green card. Their sole intent must be to come to the U.S. on the nonimmigrant visa, maintain their status under that visa, and then leave the U.S. by the expected and allowed time. But with an L-1 visa, you are allowed to simultaneously intend to spend time as a nonimmigrant on your L-1 visa while also pursuing the possibility of a U.S. green card. In other words, you are allowed to have "dual intent."
Given your professional qualifications, your best bet in applying for green card might be to use the EB-1C category, which means employment-based first preference, a type of "priority worker." The EB-1 category specifically covers multinational executives and managers.
Your U.S. employer will need to apply on your behalf. You will need to have worked as an executive or manager in a qualifying company for at least one out of the three years before your arrival in the United States, and to be taking a similar position with a U.S. branch, affiliate, or subsidiary of the same company.
Fortunately, your employer will not need to undertake the "PERM" or labor certification process on your behalf to help you obtain an EB-1C green card. Labor certification is an expensive, laborious, and lengthy process, in which the employer must attempt to recruit U.S. workers and establish that none of them are qualified, available, and willing to take your job.
Instead, your green card application process will start with your employer filing a visa petition on your behalf, on USCIS Form I-140. The petition will need to be accompanied by several documents, including proof of your L-1 approval, proof that you've worked for the appropriate amount of time as an executive or manager, a description of your job duties, the company's financial statements and recent tax returns, and so on.
Once the visa petition has been approved, you'll be able to submit your application for a green card, or to "adjust status." After several months, you'll be scheduled for an interview, and hopefully be approved as a U.S. permanent resident.
If you think you might qualify for an L-1 visa, your best bet might be to hire a lawyer. Larger employers often have their own lawyers on staff. The lawyer can help make sure that your application is done right the first time. Look in particular for an attorney with expertise in business immigration law (even immigration law has subspecialties within it). If you elect to hire a lawyer to represent you and handle the green card application process, which is an especially wise bad idea if you think there might be complications, expect to pay a few thousand dollars.
]]>This article will discuss:
Note: Do not confuse E-2 treaty investor visas with green cards through investment. The E-2 visa is a nonimmigrant visa, meaning it is temporary, while green cards are permanent. Moreover, a green card through investment requires a dollar investment of $500,000 or more, while an E-2 visa has no dollar minimum set in law.
Let’s review some of the pluses, minuses, and issues surrounding the E-2 visa:
Like the E-1 visa, some people call the E-2 the next best thing to U.S. permanent residence, because it is possible to obtain via self-employment, and it comes with an unlimited number of extensions. Also, there are no annual limits on the number of E-2 visas that can be issued to qualified applicants.
There are six requirements for getting an E-2 visa to the United States:
E-2 visas are available to citizens of certain listed countries (ones that have qualifying treaties with the United States). You can check on whether your country has such a treaty in force on a U.S. State Department web page listing the treaty countries.
Generally, the applicant need not be presently residing in the country of citizenship in order to qualify for an E-2 visa. Check with the U.S. consulate in your home country to see if you must be.
For details about what to expect and do during the E-2 visa application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). You might also wish to consult an experienced immigration attorney or a full personal analysis of your eligibility, and help with the application process and interacting with U.S. government officials.
]]>There is no annual limit on the number of people who can receive P visas.
Some of the advantages and disadvantages of the P visa include:
P-1 visas are available to athletes or athletic teams that have been internationally recognized as outstanding for a long and continuous period of time. Entertainment companies that have been nationally recognized as outstanding for a long time also qualify. P-1 visas can be issued based on the expertise of a group.
In the case of an entertainment company, each performer who wishes to qualify for a P-1 visa must have been an integral part of the group for at least one year, although up to 25% of them can be excused from this one-year requirement, if need be. This requirement may also be waived in exceptional situations, where due to illness or other unanticipated circumstances, a critical performer is unable to travel.
The one-year requirement is for performers only. It does not apply to support personnel. It also does not apply to anyone at all who works for a circus, including performers.
To qualify as a P-1 athlete, the person or team of which they are a member must have an internationally recognized reputation in the sport. Applicants will need to demonstrate this to U.S. immigration authorities by showing a contract with a major U.S. sports league, team, or international sporting event, and at least two of the following:
In 2021, U.S. Citizenship and Immigration Services (USCIS) issued guidance and an update to its Policy Manual attempting to clarify the phrase “major United States sports league or team.” It stated that it should have a "distinguished reputation commensurate with an internationally recognized level of performance." Indicators might include the level of viewership, attendance, revenue, and major media coverage; past participation by internationally recognized athletes or teams; the international ranking of athletes competing; or documented merits requirements for participants.
P-1 visas are not available to individual entertainers, but only to members of groups with an international reputation. The group must have been performing regularly for at least one year, and 75% of its members must have been performing with that group for at least a year.
When the U.S. employer files a petition on the applicant's behalf with USCIS, the employer will have to supply proof of the group’s sustained international recognition, as shown by either its nomination for, or receipt of, significant international awards or prizes, or at least three of the following:
Circus performers and essential personnel need not have been part of the organization for one year to get a P-1 visa, provided the particular circus has a nationally recognized, outstanding reputation.
USCIS may waive the international recognition requirement for groups that have only outstanding national reputations, if special circumstances would make it difficult for the group to prove its international reputation. Such circumstances could include the group having only limited access to news media or problems based on geographical location.
USCIS may waive the one-year group membership requirement for an applicant who will be replacing an ill or otherwise unexpectedly absent but essential member of a P-1 entertainment group. This requirement may also be waived if the applicant will be performing in any critical role of the group’s operation.
P-2 visas are available to artists or entertainers, either individually or as part of a group, who come to the U.S. to perform under a reciprocal exchange program between the U.S. and one or more other countries. All essential support personnel are included. The applicant will need to prove the legitimacy of the program by presenting a formal, written exchange agreement. In addition, a labor union in the U.S. must have either been involved in the negotiation of the exchange or have agreed to it.
The U.S. individual or group being exchanged must have skills and terms of employment comparable to the person or group coming to the United States.
P-3 visas are available to artists or entertainers who come to the U.S., either individually or as part of a group, to develop, interpret, represent, teach, or coach in a program that is considered culturally unique. The program may be of either a commercial or noncommercial nature.
The P-3 applicant must be coming to the U.S. to participate in a cultural event or events that will further the understanding or development of an art form. In addition, the employer will have to submit on the applicant's behalf:
Essential support personnel of P‑3 aliens should also request classification under the P-3 category. The documentation for P-3 support personnel should include:
Highly skilled, essential persons who are an integral part of the performance of a P-1, P-2, or P-3 visa holder may also be granted P visas (with the same visa designation as the primary visa holder). These persons must perform support services that cannot be readily performed by a U.S. worker and that are essential to the successful performance of services by the P-1, P-2, or P-3 visa holder.
The support person must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience in providing such support to the P-1, P-2, or P-3 visa holder. (See 8 C.F.R. § 214.2 (p)(3).)
For details about what to expect and do during the P visa application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).
You might also wish to consult an experienced immigration attorney for a full personal analysis of your eligibility, and for help with the application process.
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