Immigration Law
Corporations / Employers
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Work Visas / Work Authorization
Several types of work visas and work authorization are available. Processes and timing for obtaining work visas and authorization vary based on the type of documentation needed. It is important to determine which form of documentation is appropriate, based on employees' skills and employers' needs. Here is information about several visas:
The H-1B non-immigrant category may be utilized only to hire foreign national workers whose positions can be described as "professional," meaning that a university degree is a baseline requirement.
Employees who have worked for a particular company abroad for at least one full year may be eligible for an L-1 (intracompany transferee) visa if they are being transferred to a qualified U.S. office or company. There are two types of L-1 intracompany transferees: (a) managerial and executive employees (L-1A), and (b) employees with "specialized knowledge" of the company's technologies, systems, processes, procedures, etc. (L-1B).
TN "Trade NAFTA" classification is available to qualified Canadian and Mexican citizens pursuant to the North America Free Trade Agreement (NAFTA). TN status is granted up to three years at a time. Currently there is no limit to TN stay in the U.S. However, an individual in TN status must maintain an intent to return to his or her home country. Thus, it is wise to consider other work authorization status options with HR and Fennemore Craig before any permanent residence process is started.
The O-1 classification is available for individuals of "extraordinary ability," i.e., those who have risen to the top of their field of endeavor, a very high standard. The beneficiary of an O-1 petition may be granted an initial period of stay of up to three years, extended in one-year increments. Currently there is no limit to O-1 stay in the U.S., but petitions are not easily granted.
Generally, the P-1 visa is suitable for individual or team athletes that are internationally recognized. This means a high level of achievement, evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned or well known in more than one country. The athlete must enter to US to participate in a competition, event or performance. This includes promotional appearances and can also include several seasons.
The H-2B nonimmigrant work visa provides a method for US employers and agents to obtain the services of foreign nationals to fill temporary needs for additional workers.
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