Most uncommon J-visa: exchange visitors on cultural exchange program Employment: 3-step process for categories that require labor certification Employer must secure labor certification from DOL Win approval of a visa petition filed with USCIS Worker obtains the visa at a US consulate (in some cases, the worker can gain status while already in the US) B-1: Visitor for Business Can’t work/get paid for work while in US 6 months 1 year – Visa waiver program: 37 countries allow 90 day trip without visa. E-1/E-2 Treaty Trader/Investors Must be treaty with the country where the applicant is a citizen Executive/Special qualifications Spouse and children admitted Spouse’s nationality doesn’t matter Spouse gets EAD Dual intent recognized Admitted for up to 2 years initially with 2 year extension, and may remain in the US as long as they continue to undertake activities for which entry was initially granted. The company must be primarily owned by alien’s country of origin Don’t want people to come and then close the office abroad Temporary Workers: (no mobility) H1-B: Specialty Occupation Capped at 65,000 Dual intent recognized Must have college degree Spouse can come but no EAD Must demonstrate theoretical and practical application of a body of highly specialized knowledge H2-B: Other workers: 66,000/year Labor cert required L-1 Intra-company transfers Executive/managerial/specialized knowledge 214.2(l)(D)Specialized knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures For l category specifically, has the above knowledge, and is a member of the professions as defined in section 101(a)(32) 1-5 years if specialized knowledge, but up to 7 years if it’s executive or managerial duties O: Extraordinary ability Duration of performance Applies only to the arts P: Artists, Athletes, and Entertainers Law Enforcement Related Visas
Most uncommon J-visa: exchange visitors on cultural exchange program Employment: 3-step process for categories that require labor certification Employer must secure labor certification from DOL Win approval of a visa petition filed with USCIS Worker obtains the visa at a US consulate (in some cases, the worker can gain status while already in the US) B-1: Visitor for Business Can’t work/get paid for work while in US 6 months – 1 year Visa waiver program: 37 countries allow 90 day trip without visa. E-1/E-2 Treaty Trader/Investors Must be treaty with the country where the applicant is a citizen Executive/Special qualifications Spouse and children admitted Spouse’s nationality doesn’t matter Spouse gets EAD Dual intent recognized Admitted for up to 2 years initially with 2 year extension, and may remain in the US as long as they continue to undertake activities for which entry was initially granted. The company must be primarily owned by alien’s country of origin Don’t want people to come and then close the office abroad Temporary Workers: H1-B: Specialty Occupation (no mobility) Capped at 65,000 Dual intent recognized Must have college degree Spouse can come but no EAD Must demonstrate theoretical and practical application of a body of highly specialized knowledge H2-B: Other workers: 66,000/year Labor cert required L-1 Intra-company transfers Executive/managerial/specialized knowledge 214.2(l)(D)Specialized knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures For l category specifically, has the above knowledge, and is a member of the professions as defined in section 101(a)(32) 1-5 years if specialized knowledge, but up to 7 years if it’s executive or managerial duties O: Extraordinary ability Duration of performance Applies only to the arts P: Artists, Athletes, and Entertainers Law Enforcement Related Visas
Intro-to-Immigration-Outline-Kim-2015.docx