Immigration Law

Specialty Occupation (H1B)

Visa petitions for a H-1B visas are filed by the United States employer and require a Bachelor's degree or its equivalent, and a job offer which requires the degree. Work authorization remains specific to the employer.

H1-B visa maybe be approved for up to three (3) years and may be extended for a total of six (6) years. Applications for permanent residency submitted at least 1 year prior to the end of the sixth year may grant additional yearly extensions.

An approved labor condition attestation form the Department of Labor is required prior to filing the petition with the Immigration Service in order to ensure that the wages and working conditions do not undermine those for US workers.

The spouses and children of H1-B visas are eligible for H-4 dependent status, which does not grant employment authorization. There is a yearly cap on H-1B visas.

Intercompany Transferee (L1)

Managers, executives and persons holding specialized knowledge and who own their own business abroad, or are employed by a business abroad are eligible for the L-1 intercompany visa.

L-1 visas will be approved for one (1) year if the US branch office is new. Extensions require proof of employees and substantial business activity. The L-1 intercompany transferee visa may be available if the company has a US branch office or affiliate, and they have a common ownership relationship. The maximum period of admission for managers and executives is seven (7) years. The maximum period for the specialized knowledge category is a five (5) year limit.

Spouses of L-1 visa holders may obtain work authorization.

Visa for Canadian and Mexican Professionals (TN)

Certain Canadian and Mexican professionals with United States job offers may be eligible for work visas under the North American Free Trade Agreement. The TN visa is issued for three (3) years and may be renewed.

Spouses and minor children are eligible for Treaty Dependent (TD) visas. TD visas do not allow employment authorization.

Visa for Australian Professionals E3

Professionals from Australia coming to the United States to perform services in a specialty occupation may obtain E-3 visas. Specialty occupations are those that require a Bachelor's degree as a minimum for entry into that occupation and are determined by the same regulations as H-1B visas.

E-3 Visas are issued in two (2) year increments and may be renewed. E-3 visas are limited to 10,500 visas per year.

Spouses of E-3 visa holders may obtain work authorization.

International Trade Workers E-1

E visas allow individuals to come to the United States for an indefinite period of time under a reciprocal treaty of commerce and navigation between the United States and the country of nationality. The E-1 visa requires that the trader must be engaged in "substantial trade" between the United States and his or her home country.

The E-1 visas may be granted for a period of up to five (5) years and may be extended during the validity of the visa.

Spouses of E visa holders may obtain work authorization.