Our office of experienced H-1B lawyers would be happy to help you obtain a temporary worker visa. There are several classifications of temporary worker visas, which arenonimmigrant visas that allow you to work in the United States for a limited time. While there are more than 25 categories of nonimmigrant visas, the most popular is the H-1B visa.
An H-1B visa allows an employee of a “specialty occupation,” which requires at least the equivalent of a bachelor degree to perform, to work in the United States for up to six years, with extensions for those undertaking the Employment Green Card process. H-1B visa requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education or as a fashion model of distinguished merit or ability. This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense. A Vásquez Law Firm, PLLC H-1B attorney can help determine if this is the best filing process for you.
Applicants for temporary work visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.
Most H-1B visas are subject to a numerical cap, with 65,000 temporary worker visas available for those with bachelor’s degrees, and an additional 20,000 H-1B visas set aside for individuals holding a U.S. master’s degree. These caps may change, so you should check with a Vásquez Law Firm, PLLC H-1B lawyer.
H-1B visa classification has fixed time limits in which the alien may perform services in the United States. In some cases those time limits may be extended by USCIS in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. USCIS will notify the petitioner whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use a copy of the approval to make an appointment to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien under the H-1 or L classifications shall not be a basis for denying a visa.
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply.
Before applying for an H-1B, your employer will need to complete a Labor Condition Application. Our Vásquez Law Firm, PLLC H-1B lawyers cans assist your employer in completing the Labor Condition Application.
Other types of Temporary Worker Visas include:
- A Visa – Diplomatic visas are granted to diplomats, foreign government officials, and ambassadors and their immediate family members, attendants, servants, or personal employees.
- C/D Visa – Transit Visas and Crewman Visas are for those whose travels take them through the United States while they do not intend to directly enter the country.
- E Visa – There are three types of E visas. E1 and E2 visas are for Treaty Traders and Treaty Investors, while E3 visas are for Australian citizens entering the United States to perform a “specialty occupation” requiring a bachelor’s degree or higher.
- G Visa – These special visas are granted to representatives of designated International Organizations or NATO and their immediate family members, attendants, servants, or personal employees.
- H Visa – The most common type of Temporary Worker Visa, H visas are granted to eligible professionals, nurses, trainees, temporary workers, and their immediate, dependent family members.
- I Visa – Media/Journalism Visas are granted to representatives of foreign media and press.
- J Visa – Exchange Visitor Visas are designated for individuals in a participating Exchange Visitor Program. For more information, visit our Student and Exchange Visitor Visas (link) page.
- L Visa – This visa is provided for Intra-Company Transfers and may be granted for a period of up to three years and renewable up to seven years for L-1A and up to five years for L-1B.
- An L-1A visa is issued to intra-company transferees at a managerial or executive level. The L-1A visa is also issued to intra-company executive or managers coming to the United States to open a new entity affiliated with a foreign entity.
- An L-1B visa is issued to intra-company transferees with “specialized knowledge” of the technology, processes or procedures of a U.S. company and its foreign-related entity.
- O Visa – Extraordinary Ability Visas are provided to individuals showing notable achievement, including prestigious awards such as the Nobel Prize, in the areas of science, education, business, or athletics.
- P Visa – These visas are for athletes and entertainers who compete or perform at an internationally recognized level but do not qualify for the O visa.
- Q Visa – The International Cultural Award Exchange Program participants can receive a Q Visa for training and employment in the United States. Additionally, participants in Irish Peace Process Cultural and Training Program receive Q visas through the Walsh Visa Program.
- R Visa – These visas are provided to ministers and those wishing to perform a religious vocation in the United States for a period of no more than five years.
- TN Visa – For Canadian and Mexican citizens, the TN visa provides benefits not allowed with an H visa for specific occupations and NAFTA-designated professions.
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