U.S. Work Visas

White & Associates provides legal services to American companies and foreign professionals and entrepreneurs in the securing of U.S. work visas. U.S. law provides for the issuance of temporary work visas to qualified individuals with a view towards facilitating international trade and the development of U.S. business. There are several categories of work visas:

1. L–1 Visa. The L–1 visa is for those applicants with at least one–year experience as executives, managers, or specialists in foreign companies that have a related company (affiliate, branch, subsidiary, parent, or joint venture) in the U.S. There are no limitations on the nature of the business operations (e.g., import–export, construction, service businesses such as restaurants). The visa is originally issued for one to three years, and may be prolonged twice for two years. Receipt of an L–1 visa may provide an expedited avenue to obtaining a green card because Department of Labor review and approval is not required for petitions on behalf of multi–national executives and managers.
2. H–1B Visa. The Н–1В visa is issued to qualifying professionals who have a job offer to work in their profession. In order to qualify the applicant usually must have at least a bachelor's degree or its equivalent. An individual obtaining a H–1B visa is entitled to work only for the employer which submitted the corresponding petition. The employer must guarantee to the employee the minimal "prevailing" wage accepted in his/her specialty and for its region. (If you are seeking employment in the US and have a degree in an IT or engineering field, we may be able to assist you in securing employment. Please submit your resume to us.)
3. H–2B Visa. The H–2B visa category is used by American companies temporarily to employ skilled or unskilled foreign nationals in non–agricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The U.S. company must obtain Department of Labor certification that the foreign national is not displacing a qualified unemployed U.S. worker in the area and that the employment will not adversely effect the working conditions of U.S. employees similarly employed. The visa validity may be up to one year initially.
4. E Visa. The E visa is designated for foreign business owners, managers and employees to work in the U.S. in an enterprise a) engaged in international trade (E–1) or b) having a major investment in the United States (E–2). In order to be eligible for this category, there must be 1) a treaty of commerce or a bilateral investment treaty between the U.S. and the foreign country; 2) the American company must be majority owned or controlled by nationals of the treaty country; and 3) the applicant must have citizenship of the treaty country. For treaty traders (E–1), the trade must be substantial, conducted "principally" with the US and the treaty country; and the applicant must be a manager or have essential skills. For treaty investors (E–2), the investment must be active (not passive), be substantial, create jobs besides for the investor, and the applicant must play an essential role in the enterprise. The benefits of the category include indefinite duration of stay (initially two years, with unlimited extensions); ease of application process (no USCIS approval is required, only submission of application to consulate); and no need to maintain a foreign residence.
5. O Visa. The O-1 Visa is a temporary work visa for persons of either 1) “extraordinary ability” in the sciences, education, business, or athletics, 2) “distinction” in the arts, or 3) a high level of accomplishment in the motion picture or TV industry.  In order to qualify, a person must possess “a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of endeavor.”  An O-2 Visa is for individuals who will accompany and play a critical role in assisting the O–1 holder.  Dependents of O-1 visa holders can receive an O-3 visa.
6. P Visa. The P–1 visa is for a) athletes who compete individually or as a part of a team at an internationally recognized level and b) aliens who perform with or are an important part of the performance of an "outstanding" internationally–recognized entertainment group. The P–2 Visa is issued to artists and entertainers who are a part of a reciprocal exchange program between a foreign– and U.S.–based organization engaged in temporary exchange of artists and entertainers. The P–3 visa covers artists and entertainers, including groups, who will perform a program that is "culturally unique". P–1 athletes may be approved initially for a period of up to five years; other visas are valid for the duration of the event/performance, up to one year.

What documents will I need?

White & Associates will assist you in compiling the documents necessary to qualify under the corresponding category. These work–visa categories, particularly the business– and entertainment–related ones, can be complex, with petitions of more than 30 appendices not uncommon. Prepared documentation includes evidence of the underlying credentials of the applicant; a detailed description of the work or services to be performed in the United States; and evidence reflecting the bona fides of a foreign business, the amount of U.S. investment and plans in the U.S.

How long will it take?

The preparation and application process may take anywhere from one to four months, depending on the visa category and government agency backlogs.

Are my dependents eligible for visas?

Yes, upon establishing your eligibility for a work visa, your spouse and children under the age of 21 are eligible to receive visas to accompany you. While not granting the right to work, these visas enable your dependents to accompany you, reside in the U.S., and attend school.

Is it necessary to maintain a foreign residence?

This issue is critical, as visa issuance may depend on your ability to persuade the consular officer your intent to return to your home country. For visa categories L, H–1B, E, and O–1, there is no necessity to prove to the officer of your intent to return to your home country. For visa categories H–2B and O–2, it is necessary to evidence that you maintain a foreign residence and that your work in the U.S. will be temporary.

What services does White & Associates provide?

White & Associates provides a vast array of work–visa related services, such as incorporating American companies and handling the corporate minutes; finding office space; opening bank accounts; identifying U.S. enterprises for investment opportunities, analyzing such opportunities, and counseling on the efficacy of such investments; finding employers and securing job offers; arranging for expert opinions and evaluation of your education credentials; and representing your interests at consulates abroad. If you are seeking to make an investment in an already–existing U.S. company, please advise us of the type of company you are seeking, the amount of investment you are prepared to make, and the city to which you are interested in re–locating. We prepare a comprehensive package of documentation for submission to the Immigration Service, the Department of Labor, and U.S. consulates abroad, so as to ensure USCIS approval and visa issuance in a timely manner.

If you have any further questions about these Work Visa categories, please feel free to contact us.