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US Immigration - Work, Study, and Visit Options

H-1B Visa -- U.S. Nonimmigrant Work Visa

The H-1B visa permits U.S. employers to temporarily employ foreign professionals in specialty occupations requiring theoretical and practical expertise, typically supported by a bachelor's degree or higher in fields like technology, science, engineering, or medicine.

Key Features

  • Specialty Occupation: Role must require specialized knowledge and a relevant degree.
  • Employer-Sponsored: U.S. employers must file the petition on behalf of the applicant.
  • Duration: Initial stay of three years, extendable to a maximum of six years.
  • Annual Cap: Limited to 65,000 visas, plus 20,000 for applicants with a U.S. master's or higher.
  • Wage Requirement: Employers must pay the prevailing or actual wage, whichever is higher.
  • Lottery System: Due to demand, applications are often subject to a random selection process.

H-1B Eligibility Check

To qualify for an H-1B visa, the following key conditions must be met:

  • Job Requirements:
    • The position must be a specialty occupation.
    • Typically requires a minimum of a U.S. bachelor's degree or its foreign equivalent.
  • Applicant Requirements:
    • You must hold the relevant academic qualification.
    • If your degree is from outside the U.S., it must be evaluated for equivalency.
  • Employer Requirements:
    • Must file a Labor Condition Application (LCA) with the Department of Labor.
    • Must be a U.S.-based company offering a legitimate, qualifying position.

H-1B Timeline

  1. Registration Period (March): Employers submit registrations for the H-1B lottery.
  2. Lottery Selection (Late March): USCIS randomly selects petitions.
  3. Petition Filing (April to June): Selected applicants can file full petitions.
  4. Start Date (Typically October 1): If approved, the employment can begin.

Cap-Exempt Alternatives

If you're not selected in the H-1B lottery or missed the cap:

  • Cap-Exempt Employers:
    • Nonprofits affiliated with universities
    • Government research organizations
    • Higher education institutions
  • Other Options:
    • L-1 visa (intra-company transfer)
    • O-1 visa (for individuals with extraordinary ability)
    • TN visa (for Canadian/Mexican citizens under NAFTA/USMCA)
    • F-1 OPT/CPT to bridge into H-1B

B-1 and B-2 Visas (U.S. Visitor Visas)

The B-1 (Business) and B-2 (Tourism/Pleasure) visas are nonimmigrant visas for individuals seeking temporary entry into the U.S.. These visas are often issued as a combined B1/B2 visa, especially when travel involves both business and leisure.

B-1 Visa -- Business Purposes

Intended for individuals entering the U.S. to engage in legitimate business-related activities, such as:

  • Attending conferences or business meetings
  • Negotiating contracts
  • Settling estates
  • Working as a domestic employee under specific conditions

B-2 Visa -- Tourism & Medical

Designed for tourism, leisure, or medical treatment, including:

  • Sightseeing or vacation
  • Visiting family or friends
  • Participating in social events
  • Receiving medical care

Key Points

  • Temporary Stay: Typically granted for up to six months; extensions may be possible.
  • No Work Authorization: Neither visa permits employment in the U.S.
  • Application: Requires filing Form DS-160, paying the visa fee, and attending a visa interview with a valid passport and supporting documentation.

Visa Application Checklists

B1/B2 (Business/Tourist) Visa -- Eligibility Checklist

  • Valid passport (valid for at least 6 months beyond your intended stay)
  • Purpose of visit: tourism, business meetings, medical treatment, or family visit
  • Proof of ties to your home country (job, family, property, etc.)
  • Proof of financial ability to cover trip expenses
  • Completed DS-160 form (online application)
  • Visa appointment scheduled and visa fee paid
  • No intent to stay permanently in the U.S.

H-1B (Skilled Worker) Visa -- Eligibility Checklist

  • A job offer from a U.S. employer in a specialty occupation
  • Minimum of a bachelor's degree or equivalent in a related field
  • Labor Condition Application (LCA) approved by the U.S. Department of Labor
  • Employer must file Form I-129 on your behalf
  • Proof that employer will pay prevailing wage
  • Not exceeding 6 years of total H-1B stay (unless special exemptions apply)
  • Must be selected in H-1B lottery (for most applicants)

F-1 (Student) Visa -- Eligibility Checklist

  • Acceptance letter from a SEVP-certified U.S. institution
  • Proof of sufficient financial support for tuition and living expenses
  • Form I-20 issued by the school
  • Intent to return to your home country after your studies
  • English proficiency (TOEFL/IELTS scores if applicable)
  • Paid SEVIS fee and DS-160 submitted

General Documents for Any U.S. Visa Application

  • Valid Passport
  • DS-160 Confirmation Page
  • Visa appointment confirmation
  • Visa application fee receipt
  • Passport-size photograph (as per U.S. visa standards)
  • Supporting documents depending on visa type (e.g., job offer, financial proof, etc.)

L1 Visa -- Intracompany Transferee (L1A & L1B)

The L1 visa is a non-immigrant visa that allows multinational companies to transfer qualified employees from a foreign branch to a U.S.-based office. It supports international business expansion by facilitating the temporary relocation of executives, managers, or employees with specialized knowledge.

Types of L1 Visas

  • L1A -- For Executives and Managers:
    • Enables senior-level professionals to oversee U.S. operations.
    • Applicable to those managing teams or key business functions.
  • L1B -- For Specialized Knowledge Employees:
    • Designed for individuals with proprietary or expert knowledge of company products, services, or internal procedures.

Core Eligibility Criteria

  • Employment History: Must have worked for the foreign affiliate for at least one continuous year within the last three years.
  • Qualifying Relationship: U.S. and foreign entities must have a valid parent, subsidiary, branch, or affiliate relationship.
  • Position Requirements: The employee must serve in a managerial/executive role (L1A) or possess specialized knowledge (L1B).

Visa Duration

  • L1A: Up to 7 years (initial stay of 1-3 years, renewable).
  • L1B: Up to 5 years (initial stay of 1-3 years, renewable).

Note: Time spent in the U.S. under other work visas like H-1B may be deducted from the L1 maximum duration.

Additional Highlights

  • Dual Intent: L1 holders can apply for a green card without jeopardizing their visa status.
  • Blanket L1 Petitions: Available for large companies to streamline multiple L1 visa applications.
  • Spouse and Children: L2 dependent visa holders can accompany the L1 visa holder and are eligible to work (L2 spouse) and study in the U.S.

H-2B Visa -- Temporary Non-Agricultural Worker Visa (U.S.)

The H-2B visa is a nonimmigrant visa that permits U.S. employers to hire foreign nationals for temporary, non-agricultural jobs when there is a shortage of domestic labor. It is commonly used across industries such as hospitality, construction, landscaping, and seafood processing.

Key Features & Requirements

  • Temporary Need:
    • Employers must demonstrate that the need is truly temporary - due to seasonal demand, peak load, intermittent need, or a one-time occurrence.
  • Non-Agricultural Work:
    • The H-2B program is strictly for non-agricultural roles. For agricultural work, the H-2A visa applies.
  • Labor Market Test:
    • Employers must prove that no qualified U.S. workers are available, willing, or able to perform the job.
  • Valid Job Offer:
    • A bona fide, full-time, temporary job offer from a U.S. employer is required.

Duration of Stay

  • Typically granted for up to 10 months, depending on the job and employer's labor certification.
  • Extensions are possible in one-year increments, up to a maximum of 3 years.

Employer Obligations

  • Cover transportation costs to and from the U.S.
  • Provide housing (in some cases, especially in remote locations).
  • Ensure compliance with prevailing wage and working conditions.

Common Industries Using H-2B

  • Hospitality and Resorts
  • Landscaping and Groundskeeping
  • Construction and Roofing
  • Amusement Parks
  • Seafood and Meat Processing

Important Notes

  • Cap Limit: The H-2B program is subject to an annual cap of 66,000 visas, split between two halves of the fiscal year.
  • No Dual Intent: Unlike H-1B or L1, H-2B is a strictly temporary visa and does not allow intent to immigrate.
  • Dependents: Spouses and children (under 21) may accompany H-2B workers on H-4 visas, but they cannot work in the U.S.

How Global Visas Immigration Can Help

With over 7 years of experience and thousands of successful applications, Global Visas Immigration is a trusted name in the US immigration industry. Our services include:

  • Expert guidance on selecting the right visa pathway
  • Document preparation and verification
  • Application submission support
  • Employer compliance assistance for work visas
  • Interview preparation for visa applicants
  • Dedicated case managers for each client

Our team of licensed immigration consultants will guide you through every step of the US immigration process, ensuring your application meets all requirements.