H.E.L.O. - WORK VISAS IN THE USA

ENGLISH - PORTUGUÉS

Want to work in the USA? Here's a breakdown of the visas:

H visas generally apply to those who wish to work in a specialty occupation. Usually, the more math, science, technology and specialized training, the better an applicant’s chance of getting an H-1B visa. H-1B visas are nonimmigrant visas that only allow a temporary stay in the United States (usually 3-6 years). An applicant must have a job offer from a US employer and the equivalent of a US bachelor’s degree or higher in order to practice the specialty occupation. The degree must also directly relate to the desired field of work. Work experience in the field of specialty occupation can count toward the educational requirement, with three years of experience equating to one year of schooling.

The “E” visas include visas for both treaty traders and treaty investors. They apply to residents of countries with which the United States maintains treaties of commerce and navigation. Both visas are nonimmigrant in character (i.e. temporary) but may be renewed as needed. The treaty trader (E1) visa has its own unique characteristics that require the company based in the United States to show that substantial trade is carried out between the United States and the treaty country. The term “substantial trade” requires that US companies show that at least 50% of its revenue results from international trade.

Meanwhile, the treaty investor (E2) visa allows nationals of the treaty country to be admitted to the United States upon investing substantial amounts of capital in a company headquartered in the United States. The term “substantial amount” does not refer to a specific dollar amount, but rather is an amount large enough to ensure the successful start and operation of the business venture. Although there are sometimes exceptions, usually $50,000 or more is required.

“L” visas can help multinational companies transfer key employees from overseas to their US offices. If approved for a new office, the visa allows the employee an initial duration of stay of one year … but they are renewable for a total of 5-7 years. As a primary requirement, the employee must have served in an executive, managerial, or “specialized knowledge” position with the overseas company and be employed in a similar position in the United States.

“O” visas apply to those who are highly talented or possess extraordinary abilities in their field. The applicant must show receipt of national or international acclaim for his/her achievements. Additionally, an applicant must show proof of at least several—but not all—of the following types of proof of extraordinary ability:

• Nationally or internationally recognized prizes
• Membership in associations in the applicant’s field of work obtained from recognized national or international experts in the field
• Published material in professional publications, or other major media
• Original contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field
• Evidence of high salary or other remuneration for services in the applicant’s field of work
• Participation on a panel as a judge of the work of others in the same field or in a field of specialization closely related to the applicant’s field
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

BENNU can help you determine what options are available to you, the requirements and how to meet your immigration goals. Contact us today to schedule a confidential, one-on-one consultation with our experienced immigration team.