Non-Immigrant Visas
Whichever type of visa is best suited for your company’s needs, the non-immigrant business visa attorney’s at Byrd & Associates can assist you. We have direct experience with every category and have successfully handled many applications involving various circumstances. However, careful planning is required to avoid unnecessary delays, especially with non-immigrant work visas such as the H-1B that are only available in limited numbers each year.
For more information about the non-immigrant visa process and to start planning for your future success, please telephone us in our San Jose office at (408) 995-3268, or in our San Francisco office at (415) 362-2285 to schedule a confidential telephone or in-office consultation. You can also contact us conveniently online. We will carefully analyze the facts in your case to find your successful non-immigrant visa solution.
Non-Immigrant Employment Visa Categories
H-1B Specialty Occupation Visa: Professional Talent for Companies
Many U.S. employers actively recruit worldwide for professional talent in fields ranging from software engineers, accountants, and market research analysts, to professors and scientists. The H1B Visa, Professional in a Specialty Occupation, allows a U.S. employer to fill a position requiring the minimum of a baccalaureate degree in the particular field with a qualified worker from abroad. The foreign worker must possess that U.S. degree or an acceptable foreign alternative. In some cases, a combination of studies and relevant experience may substitute for the degree if it is determined by a credentials expert to qualify the foreign professional.
We can meet with you to determine that the available position and the beneficiary's background are appropriate for the H1B, and suggest alternatives if the initial proposal is not a feasible option. We can advise both the employer and prospective employee regarding the H-1B documentation requirements and legal issues, and prepare paperwork and submit it to the Department of Labor and USCIS. If applicable, we can prepare and file applications for dependent family members, as well.
L-1A / B Visa: Transfers within the Company for Managers and Employees with Specialized Knowledge
Global multinational corporations are constantly transferring their staff from abroad to their U.S. workplaces. Congress created the L1 visa to facilitate this transfer of personnel. The main requirement is that the applicant must be employed outside the United States and is being transferred to the United States branch, subsidiary, affiliate, or joint venture partner of the non-U.S. company. We can advise the employer and the employee regarding all of the requirements, and offer other possible alternatives if the L-1 visa is not appropriate.
TN NAFTA Visa
TN NAFTA Work Visas are temporary work visas available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA), a citizen of a NAFTA country may work in a professional occupation in another NAFTA country, as long as the applicant meets certain requirements. The spouse and unmarried minor children of the principal applicant are entitled to the derivative status, called TD Visa, but they are unable to accept employment in the United States.
E-1 Treaty Trader Visa
To qualify for an E-1 trader visa, a foreign business person must be seeking entry into the United States to carry on "substantial trade in goods or services in a capacity that is supervisory or executive or involves essential skills." E-1 visas were previously restricted to a trade of goods and specific services, including banking, finance, and the airline industry. This limited definition of services has been greatly expanded under NAFTA so that trade can be in goods or services without specification or restriction.
E-2 Investor Visa
The Treaty Investor, or E-2 Visa is a non-immigrant visa based around treaty agreements that America maintains between certain countries. The E-2 Visa is issued to the foreign nationals of these treaty countries on the basis that the visa holder is entering America for the sole purpose of developing and managing a business enterprise they have made a substantial investment in. As such, to qualify for this visa the applicant must have invested or plans to invest in the near future a substantial amount of capital within America.
E-3 Australian Professional Visa
The E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. The E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a specialty occupation. The E-3 visa is similar to the H-1B visa, although unlike the H-1B, The E-3 worker need not file a petition with the USCIS. Consulate filing is acceptable. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually.
O-1 Visa for Persons With Extraordinary Abilities
O-1 visa/status is targeted for aliens of extraordinary ability or achievement in the sciences, arts, business and education. The application not only involves a great deal of documentation work to demonstrate the applicant's exceptional ability in his/her field, but also touches many legal issues in fully and appropriately understanding the requirements of an O-1 petition as set by the law. Therefore, if your O-1 petition is prepared with the help of an experienced attorney, your chances for success are greater. To review requirements for the O-1 visa, visit our O-1 page.
