Work Visas

The Labor Dept. Administrative Review Board ("the Board") addressed what circumstances constitute termination of employment for purposes of the employer's H-1B obligations in the case: Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06).

The H-2B nonimmigrant visa is available for foreign workers who come to the U.S. to perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.

On October 23, 2006, the USCIS clarified how it would be handling the “returning worker” exemption to the H-2B numerical limitation which was extended for Fiscal Year 2007 by H.R. 5122, section 1074. President Bush signed that legislation on Oct. 17, 2006. The USCIS noted that the one year exemption will remain in effect until September 30, 2007.

L-1 visas are available for intracompany transferees, i.e., certain types of employees who are transferred from a foreign company to a related company in the U.S.

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

On 10/17/06, President Bush signed a law (Section 1074 of H.R. 5122) which exempts individuals from the H-2B QUOTA for the 2007 fiscal year (October 1, 2006 to September 30, 2007) who obtained H-2B's in certain past years. Specifically, to be exempt, individuals must have obtained an H-2B in one of the following fiscal years: 2004, 2005, or 2006. Those individuals who are exempt under this provision may be able to obtain an H-2B extension which takes effect beginning October 1, 2006.

The E-3 is a visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation". A key advantage is that it allows Austrialians to avoid the H-1B quota which often runs out quickly.

The H-1B visa is one of the most popular temporary work visas.

The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.

The H-1B1 non-immigrant classification (for Singaporeans) is available to certain otherwise admissible business persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of Disaster Relief Claims Adjusters, or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting experience in the specialty area.

Note you may also qualify under the rules for equivalent work experience.

 

Yes.  The H-1B1 visa (for Chileans)  allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.

H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

The H-1B1 visa (for Chileans) came about with implementation of the United States – Chile Free Trade Agreement on January 1, 2004. As a result of this agreement, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].

Yes.  H-1B1 visas (for Chileans) are multiple-entry.

The main requirements for L-1 visas are as follows:

1. The employee must have worked abroad in either (a) a managerial or executive position, or (b) in a position performing services entailing "specialized knowledge"; and must be coming to work in the U.S. in one of these capacities.
2. The company for which the employee worked abroad must be either the same company for which the employee will be working for in the U.S., or a branch, subsidiary, or affiliate of that company.
3. The employee must have worked abroad for that particular company for one continuous year within the three year period immediately preceding the filing of the petition for the L-1 visa.

Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H1B1 visa holder is not present for the application of their non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.

As with many other types of non-immigrant visas, to qualify for the H1B1 one must demonstrate that one does not intend to immigrate to the United States. Every applicant’s situation is different, so how individual applicants demonstrate this—including which documents are submitted—will vary greatly from person to person.

Yes. Extensions and renewals are allowed for H-1B1 visas.

Yes. H-1B1 visas are multiple-entry.