COMMONLY USED BUSINESS AND EMPLOYMENT VISAS

NONIMMIGRANT VISAS

U.S. State Department

B-1 Visitors for Business

Purpose:	Short-term business visits to United States



Length of Stay:	

		-Initial Entry:			3-6 months

		-Maximum period of stay:		1 year



Permitted Activities:

		-commercial transactions

		-contract negotiations

		-consultations

		-litigation

		-conferences, meetings, seminars, etc.

		-short-term research



Restrictions:	-no "local" employment (no payment of salary from U.S. sources)

		-must intend to depart U.S. at conclusion of authorized stay

		-sufficient ties to home country required for issuance

H-1B Specialty Occupation Visas

Purpose:	Temporary employment for "degreed" (or equivalent) aliens in 

		professional or "specialty" occupations



Length of Stay:	

		-Initial Entry:			3 years

		-Maximum period of stay:		6 years



Permitted Activities:

		-productive employment in the U.S. in a "professional" job, 

		  described in employer's Petition to INS, subject to terms 

		  and conditions of Petition

		-spouses and children may attend school



Restrictions:	-employer and employment specific: no other work in U.S. allowed

		-Labor Condition Application must be filed prior to submission 

		  of Petition

		-employee normally needs at least a Bachelors degree to qualify

		-spouses and children may not work

L-1 Intracompany Transferee Visas

Purpose:	Temporary employment in the U.S. in either executive, managerial,

		or "specialized knowledge" positions of personnel in the employ 

		(or recent employ) of an overseas parent, subsidiary, or affiliated

		company or corporation



Length of Stay:	

		-Initial Entry:			3 years

		-Maximum period of stay:

		  -Executives and Managers:		7 years

		  -Specialized Knowledge:		5 years



Permitted Activities:

		-productive employment in above-described capacities in 

		  occupations described in employer's Petition, subject 

		  to terms and conditions of Petition

		-spouses and children may attend school



Restrictions:	-employer and employment specific: no other work in U.S. allowed

		-cannot change jobs within company without new Petition

		-spouses and children may not work

E-2 Treaty Investor Visas

Purpose:	Temporary employment in the U.S. of overseas investors, 

		officers of overseas investor companies or concerns, or 

		essential overseas personnel and employees to direct, 

		develop, establish, or expand new or existing U.S. businesses 

		that will employ U.S. workers



Length of Stay:	

		-Initial Entry: 1 year

		-Maximum period of stay: no limit, renewable in one year 

		  increments

		-underlying application for entry is normally approved for 

		  a 5 year period, renewable indefinitely



Permitted Activities:

		-productive employment in positions approved by U.S. State 

		  Department or INS that are necessary to activities and 

		  development of the investment

		-spouses and children may attend school



Restrictions:	-employer and employment specific: no other work in U.S. allowed

		-spouses and children may not work

		-extension applications or re-entries from abroad required 

		  annually in order for alien to maintain valid immigration status

IMMIGRANT VISAS

First Employment Preference Visas ("EB-1")

1. Aliens of Extraordinary Ability

Purpose:	Permanent employment of those [aliens] of extraordinary ability 

		in the sciences, arts, education, business, or athletics which 

		has been demonstrated by sustained national or international 

		acclaim and whose achievements have been recognized in the field 

		through extensive documentation.



Advantages:	-No Job Offer required

		-No Labor Certification required

		-Alien or an Employer may file Petition

2. Multinational Executives or Managers

Purpose:	Permanent employment in the U.S. in either executive or 

		managerial positions of personnel in the employ (or recent 

		employ) of an overseas parent, subsidiary, or affiliated 

		company or corporation



Advantages:	-No Labor Certification required

		-quicker processing time

Second Employment Preference Visas ("EB-2")

Purpose:	Permanent employment of aliens who are (1) members of the 

		professions holding advanced degrees or their equivalent, 

		or (2) aliens who, because of their exceptional ability in 

		the sciences, arts, or business will substantially benefit 

		the national economy, cultural, educational interests or

		welfare of the U.S.



Advantages:	-more visas available each fiscal year

		-"National Interest" visas:

		  -alien or employer may seek exemption from Labor Certification 

		  if the employment:             

			a)  improves the economy

			b)  improves the wages and working conditions of U.S. 

			    workers

			c)  improves education and training programs for U.S. 

			    children and under-qualified workers

			d)  improves health care

			e)  provides more affordable health care

			f)  improves the environment

			g)  a request from an interested U.S. government agency

Third Employment Preference Visas ("EB-3")

Purpose:	Permanent employment of (1) professional workers, (2) skilled 

		workers, or (3) "other workers".  



		-"Professionals" are defined as those workers whose jobs 

		  require the attainment of a bachelors degree in order 

		  to perform the job duties

		-"Skilled Workers" are defined as those workers whose 

		  jobs require at least two years' experience in order to 

		  perform the job duties

		-"Other Workers" are those workers whose jobs require less 

		  that two years' experience in order to perform the job duties



Requirements:	-Labor Certification (please see outline of the Labor 

		  Certification Application process for further details)