Work Visas for the USA
Immigration Attorney in Sarasota & Fort Myers Serving a Global Clientele
For more than 15 years, Anthony Olson, P.A. in Sarasota has helped individuals
seize opportunity in the United States by guiding them to obtain work
visas. Whether you are an exceptional athlete, specialty worker, or looking
to transfer your work to the United States, we can serve you. Our immigration
attorney takes the time to review your situation, explain the circumstances
to you, and prepare the necessary forms and documents to get you started
on your path to America.
Call our firm at (941) 877-6587 to schedule an
initial consultation today.
The types of work visa cases that we handle include:
L-1 Intra-Company Transfer Visa
To qualify for the L-1 visa, the following requirements must be met:
The transferring foreign business must be a parent, subsidiary, or affiliate
of the U.S. business. This is achieved through joint-ownership: one business
owns the other, the same individual has a controlling interest in both
businesses, or the same individuals jointly own a controlling interest
in both businesses;
The L-1 manager must supervise multiple levels of workers in the U.S. company
or manage a specific function within the company.
An L-1 specialist must have specialized, proprietary knowledge or skills
which he will be teaching to workers at the U.S. company.
The L-1 manager or specialist must have worked at least one complete, continuous
year anytime during the previous three years for the foreign business
that is transferring him to the U.S.A.
The L-1 manager must supervise several employees at multiple levels within
the U.S. business in order to qualify for visa renewals.
Law Firm Recommendation:
If the U.S. Company has been active less than one year, the applicant
will receive the L-1 visa for only one year. Since an L-1 manager must
supervise several people at different levels of responsibility at visa
renewal time, Anthony Olson, P.A. strongly recommends that the U.S. business
be established and ready to operate (or be already operating with the
help of U.S. personnel) at the time of the initial visa issuance.
Note: There is a specific green card category available for L-1 managers,
called the EB-1multinational manager green card. An L-1 managerwho is
highlyqualified for the L-1 visa also has a good chance of qualifying
for the Multinational Manager Green Card.
The spouse of an L-1 manager or L-1 specialist can obtain a work authorization
to work for any employer in any type of job.
H-1B Specialist Worker Visa
The H-1B visa is a very popular visa sponsored by U.S. companies that wish
to hire foreign specialist workers. Presently, however, this visa category
is capped by Congress at 65,000 per fiscal year, essentially to protect
U.S. workers and wage stability.
The primary requirements for the H-1B visa are the following:
- A U.S. employer must offer the foreign specialist a job in a specialty
- In order for the job to qualify as being in a specialty occupation, it
must require no less than a bachelor degree, and it must be common practice
within the industry that this type of position requires no less than a
- The foreign specialist must have a bachelor or higher degree in the same
or similar field as the job being offered, or the foreign specialist can
have the equivalent amount of practical work experience, or a combination
of education and work experience, in the same or similar field. In evaluating
the equivalence of practical experience, 3 years of practical experience
are considered the equivalence of 1 year of university studies.
The U.S. employer is required to pay the H-1B visa holder the so-called
"prevailing wage," which is the average wage paid to workers
performing the same job in the same region of the U.S.
The H-1B visa is usually granted for a period of 3 years, and can be renewed
for another 3 years, but 6 years is the maximum number of years allowed
under the H-1B visa without a 1-year stay in the foreign worker's
Other H-1B visa-related information:
Out of the 65,000 quota, there are 5,400 H-1B visas set aside for citizens
of Singapore and 1,400 H-1B1 visas for citizens of Chile.
H-1B visas are also exempt from the quota if the U.S. employer is a college
or university (government or private, non-profit), related or affiliated
non-profit entity, non-profit research organization, or governmental research
H-1B visa extensions beyond 6 years are possible when a labor certification
for permanent residence is pending for more than 1 year (eligible for
1-year extension), or when a labor certification and an I-140 petition
for permanent residence have been approved (eligible for 3-year extension).
Note: The H-1B worker can petition for permanent resident status without
any concerns that he may encounter problems in trying to renew his visa
based on having shown immigrant intent through filing for permanent residence.
H-1B1 Specialist Worker Visa for Singaporeans and Chileans
The H-1B1 has the same requirements as the H-1B visa, as it pertains to
the job requirements and the worker's qualifications (see the explanation
of the H-1B visa above). However, there are a few important ways in which
the H-1B1 visa differs from the H-1B visa:
- This H-1B1 visa is granted for a period of 1 year, renewable each year
without the usual 6-year maximum and the requirement of the 1-year stay
in the home country in order to restore eligibility.
- Separate annual quota of 1,400 H-1B1 visas for Chileans
- Annual quota of 5,400 H-1B1 visas for Singaporeans
- The employee must show no intention to abandon residence abroad and pursue
permanent residence in the U.S.
- When the employee is abroad, no USCIS petition is necessary, visa application
can be filed directly at the consulate in home country.
- For a job requiring licensure, it is not required to have the U.S. license
prior to applying.
- Agricultural Managers, Physical Therapists, Management Consultants, and
Disaster Relief Claims Adjusters are not eligible for the the Chilean
Important advantages of the H-1B1 visa for Singaporeans and Chileans:
- The H-1B1 quotas for Singaporeans and Chileans are seldom exhausted, whereas
the quota for the regular H-1B visa is often exhausted very quickly.
- The H-1B1 visa has a streamlined application process, which in many cases,
does not require a petition to be filed with USCIS.
E-3 Specialist Worker Visa for Australians
A U.S. employer must offer the foreign worker a job which requires a specialist
worker who holds a 4-year university degree in the field. The U.S. employer
offering the job must also offer what is called "the prevailing wage".
The prevailing wage is the average wage which workers in the same type
of position are earning in the region where the U.S. employer is located.
The foreign worker must have sufficient qualifications to fill the position.
The worker must have a 4-year university degree in the same field. While
there is the possibility of substituting practical experience for university
studies for other specialty occupations, the healthcare professions are
such that there is no substitute for having the degree for the specific field.
The E-3 visa is usually granted for a period of 2 years, and can be renewed
for another 2 years, with no limit on the number of extensions. A foreign
worker can go about applying for the E-3 visa in one of two ways. If the
person is present in the U.S. in most types of valid non-immigrant status,
the person can apply to change to E-3 status from within the U.S. by applying
to U.S. Citizenship and Immigration Services (USCIS). If the person is
located outside of the U.S., or is visiting the U.S. under the Visa Waiver
Program, then the person must apply at the U.S. consulate in Australia,
which has jurisdiction over his state or territory of residence. The E-3
visa is subject to an annual quota of 10,500. This quota is replenished
on October 1st of every year. It is unlikely that this quota will be exhausted
in any given year.
The spouse of an E-3 visa holder can obtain a general work authorization,
which enables the spouse to work for any type of employer in any type
TN Visa for Specialist Workers under NAFTA
The TN visa is a work visa available to certain specialist workers from
Canada and Mexico, based on the North America Free Trade Agreement (NAFTA).
The NAFTA treaty lists specific specialist job types, which qualify for
the TN visa.
The TN visa does not have many of the burdensome requirements like the
H-1B visa. While the TN visa covers many of the same types of specialty occupations as the
H-1B visa, it actually has lower educational requirements than the
H-1B visa, and, therefore, is available to some people who would not qualify for the
H-1B visa, namely registered nurses with 2-year degrees. TN visas are not subject
to any annual quota, like the quotas that limit the number of
H-1B visas that may be issued each year, and they are not subject to the same prevailing
wage requirements like the H-1B visa.
Canadian workers can obtain the TN visa at any U.S. Class A port of entry, U.S. international
airport, or at a preclearance/preflight station in Canada, without going
to a U.S. consulate to apply.
Mexican workers must obtain the visa by applying at a U.S. consulate prior to entry into the U.S.
The TN visa is issued for three years at a time, and can be extended every
three years without limitation on the number of extensions.
O-1 Visa for Extraordinary Ability
The O-1 visa is a work visa available to foreign nationals with extraordinary
ability in the sciences, arts, education, business, or athletics, who
wish to come to the U.S. to work in their field of expertise. A U.S. business
offering the foreign national a job, or a business agent representing
the foreign national must apply on behalf of the foreign national for
an O-1 visa.
To qualify for an O-1 visa in the sciences, education, business, or athletics,
it is necessary to show that the foreign national is among the small percentage
of people who have risen to the very top of a given field, either at the
national or international level. The person must present proof either
of receipt of a major, internationally recognized award or at least three
of the following forms of documentation:
An alien must present proof either of a receipt of a major, internationally
recognized award such as the Nobel Prize or at least three of the following
forms of documentation:
- receipt of nationally or internationally recognized prizes or awards for
excellence in the field of endeavor;
- membership in associations in the field that require outstanding achievements
of their members;
- published materials in professional or major trade publications or major
media about the alien concerning the alien's work in the field;
- participation on a panel, or individually, as a judge of the work of others
in the field;
- scientific, scholarly, or business-related contributions of major significance
in the field;
- authorship of scholarly articles in the field in professional journals
or other major media;
- employment in a critical or essential capacity for organizations and establishments
that have a distinguished reputation;
- high salary or other remuneration commanded by the alien for services; or
- other comparable evidence (this typically includes recommendation letters
from experts in the field).
From experience we can conclude that the greater the competition in the
applicant's field the tougher the criteria to qualify him/her for
the O-1 visa. In other words, it is more difficult to qualify a renowned
computer analyst for an O-1 visa than, for example, an extraordinary beekeeper
or a renowned children's story writer.
Note: The qualifying criteria for an O-1 visa in the arts are a bit less stringent.
For artists it is necessary to show that the alien's work has achieved
"distinction." Distinction is defined as having achieved a high
level of skill and recognition in the field, and being recognized as prominent,
leading, or well-known in the field of arts.
P-1 Visa for Athletes and Entertainers
The P-1 visa is for athletes who compete individually or as part of a team
at an internationally recognized level, and entertainers who perform as
part of a group that has received international recognition as outstanding
for a sustained period of time.
P-1 visa for professional athletes
In order for a professional athlete to qualify for the P-1 visa, he or
she must prove the following:
- the athlete or team is internationally recognized;
- athletic competition has a distinguished reputation; and
- competition requires participation of an athlete or team with international
The P-1 visa petition must include:
1. tendered contract with major U.S. sports league or team or one commensurate
with international recognition;
2. any 2 of the following:
- Significant participation in a prior season in majors;
- International competition with national team;
- Significant participation in a prior season for U.S. college or university
or intercollegiate competition;
- Written statement from U.S. official in sport about person or team's
- Written statement from expert or sports media as to international recognition;
- Team or individual ranking;
Significant honor or award in sport;
3. Perform as a professional athlete employed by either a professional
sports team in association with 6 or more teams that have combined revenues
in excess of $10,000,000 or a minor league team affiliated with such association.
P-1 visa for Minor League and Amateur Athletes
The athlete must demonstrate the following:
- that the coach or athletes are part of an international league or association
of 14 or more amateur sports teams;
- that the foreign league is operating at the highest level of amateur performance
in the foreign country;
- that participation in the foreign league renders the players ineligible
for scholarship or amateur athletics under the NCAA; and
- that a significant number of players who play in the foreign leagues are
drafted by major league or minor league affiliates
P-1 visa for Entertainment Groups
In order for entertainment groups to qualify for the P-1 visa, they need
to prove that:
- the group is internationally recognized for sustained and substantial period of time;
- 75% of members of the group have had sustained and substantial relationship
with group for one year.
Petition must include:
1. Evidence that the group has been performing for at least one year;
2. List of members and dates employed;
3. Evidence group has been internationally recognized for sustained and
substantial period of time. This may be established by evidence that the
group has been nominated or has received significant international awards
or any 3 of the following documentation regarding international recognition:
- Star or lead in performance with distinguished reputation;
- Reviews in major publication;
- Star or lead in performances for organization with distinguished reputation;
- Major commercial or critically acclaimed successes;
- Testimonials regarding group's significant recognition; or
- Group will command or has commanded high salary.
- The athlete or entertainment group cannot self-petition for the P-1 visa,
but rather must have an employer or an agent who serves as the petitioner
for the P-1 visa.
- Visas are also available for dependents and qualifying support personnel
for the athlete or entertainment group.
- P-2 visas are available for artists and entertainers participating in reciprocal
cultural exchange programs.
- P-3 visas are avilable for artists presenting a culturally unique program.
J-1 Visa for International Exchange
The J-1 visa is issued to foreign applicants who wish to come to the U.S.
to participate in programs which include a combination of education, work
training, and cultural exchange. There are over a thousand qualifying
programs in a broad range of fields, accepting participants with many
different levels of education and work experience.
Before a person can apply for a J-1 visa, he/she must apply to and be
accepted into a sponsoring program accredited by the U.S. State Department.
The following is a list of the 13 categories in which qualifying programs
exist, and the list also states the maximum validity period for a J-1
visa in each category.
University professors and research scholars (3 years)
Short-term scholars (6 months)
Trainees (specialist and non-specialist) and Interns (18 months and 12
College and university students, for the duration of the academic degree
program or, if not for a degree program, then for a maximum of two years.
(Students in degree programs below the doctoral level may also engage
in 18 months of training after completion of the degree program, while
post-doctoral training is permissible for a period of 36 months following
conferral of the degree.)
Primary and secondary school teachers (3 years)
Secondary school students (1 year)
Specialists in mass media communications, environmental science youth leadership,
international educational exchange, museum exhibitions, labor law, public
administration, and library science (1 year)
Foreign physicians (7 years)
International visitors (1 year)
Government visitors (18 months)
Camp counselors (4 months)
Au-pairs (1 year)
Summer Student Travel/Work (4 months)
Probably the single largest J-1 program category is for "trainees."
This category for trainees includes 11 sub-categories:
Arts and Culture
Information Media and Communications
Education, Social Sciences, Library Science, Counseling and Social Services
Health Related Occupations
Management, Business, Commerce and Finance
The Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations
Construction and Building Trades
Agriculture, Forestry and Fishing
- Public Administration and Law
- Hospitality and Tourism
Note: Each program is designated as to whether the training is for specialized
fields, for individuals with a university degree in the field, or for
non-specialized areas, for which it is necessary only to have work experience
in the area.
In some J-1 categories, such as for college and university students, the
student first completes a degree program, and then receives a work authorization
to pursue work experience in the same field.
Spouses and dependent children under 21 of a J-1 visa holder qualify for
a J-2 visa. J-2 dependents can obtain a work authorization. During their
period of stay, J-2 dependents are also free to attend public schools
and post-secondary educational institutions.
Some J-1 visa holders are subject to a two-year home stay requirement. This means that, at the end of the J-1 period of stay in the U.S., the
J-1 visa holder must return to his or her home country for two years,
since it is not possible to change to any other visa or to permanent residence
in the U.S. until the two-year home stay requirement is satisfied. A J-1
visa holder is subject to the two-year home stay requirement in any of
the following situations:
the J-1 visa holder's program was funded by the U.S. government or
the person's home government;
in the J-1 visa holder's homeland, there is a shortage of workers in
the J-1 visa holder's field of expertise, as determined by the U.S.
State Department; or
the J-1 visa holder came to the U.S. to seek post-graduate medical education
J-1 visa holders subject to the two-year home stay requirement can obtain
waivers; however, the person must show that they face extreme hardship
in being forced to return to their homeland. In the case of J-1 physicians,
they can also obtain a waiver of the two-year home stay requirement through
participation in J-1 waiver program whereby they practice medicine for
3-4 years in a medically underserved area in the U.S.
If you would like to find an approved program in your field of endeavor,
you can find a complete list of qualifying programs on the U.S. State
Department's website at the following address:
Get started on your work visa application by
contacting Anthony Olson, P.A. today.