The H-1B Visa is for non-US professionals who are hired by a U.S. employer to work in the US in a "specialty occupation". This visa is most commonly issued three years and can be extended for a second three-year period.
Once a foreign worker has been issued an H-1B, the employer is eligible to sponsor the worker's application for Legal Permanent Residency.
To obtain the H-1B visa, the applicant must have no less than a Bachelor?s degree (or an equivalent amount of relevant work experience) and the employment position must require no less than a Bachelor?s degree. The US employer is required to pay the foreign worker an amount equal to the prevailing wage, which amounts to the salary earned by other workers in the same employment area who perform similar work.
To obtain an H-1B visa, the employer is required to two applications: one with the US Department of Labor and the other with the US Citizenship & Immigration Services.
TN Visa for Employment of Citizens of Canada & Mexico
The TN visa is only available to workers who are citizens of Mexico or Canada. This visa is only for workers involved in a professional occupation, as designated under the NAFTA, who wish to work in the US for a temporary period of time. TN workers must have a no less academic education than a Bachelor?s degree.
Citizens of Canada may make their TN visa applications at a US port of entry. Citizens of Mexico are required to first apply for their TN visa at an American consulate in Mexico before applying for admission at a U.S. port of entry.
The TN visa is generally issued for up to 3 years.
L-1 Visa for Intra company Transferee
The L-1 visa is only for foreign workers who are transferring to a US Company after working no less than 1 of the last 3 years at a foreign affiliate, subsidiary, branch or parent company of the US Company who will be hiring the foreign worker.
There are two types of L-1 Visas: the L-1A and the L-1B. The L-1A visa is for workers who will work in a managerial or executive capacity. The L-1B visa is for workers whose position requires specialized knowledge.
L-1A VISA: The L-1A Visa is generally issued for three years and can subsequently be extended for no more than seven years.
A Manager or Executive who has held an executive or an upper management position both with the foreign affiliate, branch, subsidiary or parent and with the US Company may apply for Legal Permanent Resident status without the difficult step of first having to determine if there are any U.S. workers willing and qualified to perform the job offered to the foreign worker.
L-1B VISA: The L-1B Visa is generally issued for three years and can subsequently be extended for no more than five years.
To obtain an L-1B visa for a foreign worker, the US Company must establish that the available job requires ?specialized knowledge.? This means that it must be proven that the job requires knowledge and/or experience that is not usually transferable in the course of regular employee training.
Unlike the L-1A worker, the L-1B worker must first file a Labor Certification on behalf of the employee in order to seek Legal Permanent Resident status for the L-1B worker.
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