What types of visas are available for foreigners seeking to work in the United States and how do I obtain them?
Types of Visas for Foreigners Seeking to Work in the United States
As a lawyer, I can inform you that there are several types of visas that are available for foreigners seeking to work in the United States. The most common types of visas are as follows:
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H-1B Visa
This is a non-immigrant visa that allows foreign workers to work temporarily in the United States. This visa is available for workers in specialty occupations, i.e., those that require a specific set of skills, knowledge, or experience. To obtain the H-1B visa, the employer must sponsor the worker, and they must meet the qualifications established by the U.S. Citizenship and Immigration Services (USCIS).
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L-1 Visa
This is also a non-immigrant visa that allows a foreign company to transfer an executive, manager, or specialized worker to work in its U.S. office. To obtain this visa, the worker must have worked for the foreign company for at least one year within the last three years, and the U.S. office must be a subsidiary, affiliate, or branch of the foreign company.
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E Visa
These are non-immigrant visas that are available for investors or traders from countries that have a treaty of commerce and navigation with the U.S. To obtain this visa, the worker must be from a qualifying country, must invest or trade a substantial amount of capital in the U.S., and must ensure that the investment or trade creates new jobs.
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O Visa
This is a non-immigrant visa that is available for workers who have extraordinary ability in their field, such as scientists, researchers, artists, athletes, or businesspeople. To obtain this visa, the worker must provide evidence of their extraordinary ability and must receive a job offer from a U.S. employer.
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TN Visa
This is a non-immigrant visa that is available for Canadian and Mexican citizens who work in specific professions, such as nurses, engineers, or scientists. To obtain this visa, the worker must provide evidence of their qualifications and must receive a job offer from a U.S. employer.
To obtain any of these visas, the worker must go through a specific application process, which includes submitting the necessary forms, documents, and fees to the USCIS. The application process can be complex and time-consuming, and it is recommended that the worker seek the assistance of an experienced immigration lawyer.
It is also essential to note that there may be limitations or exceptions to the advice given, depending on the specific circumstances of the worker and their employer. For example, some visas may have quotas or limits on the number of visas issued each year, and some visas may require the worker to have a specific level of education or experience.
In conclusion, obtaining a work visa in the United States can be a complicated process that requires careful planning, preparation, and knowledge of the relevant laws and regulations. It is crucial to seek the advice of an experienced immigration lawyer to ensure that the worker and their employer follow the correct procedures and meet the necessary qualifications to obtain a work visa.