H-1B Visas
The H-1B visa program allows qualified foreign nationals to engage in temporary professional employment in the United States. A U.S. employer must serve as the petitioner, and the position must require services in a “specialty occupation”. H-1B visa status is available for an initial period of three years, and can be extended for an additional three years. In some cases where steps have been taken toward acquiring permanent residence for the worker, H-1B visa status can be extended beyond the 6-year limit. There is an annual cap on the total number of new H-1B visas or grants of status that can be issued each fiscal year, with a special allotment for applicants holding a Master’s degree or higher from a U.S. school.
Click for the current H-1B cap count
L-1 Visas
L-1 visa status is available to certain employees
of qualifying organizations outside the USA to enable employment in
the United States as intra-company transferees. The employees must
be coming to the USA to serve in either an executive or managerial
position or a position requiring specialized knowledge. Additionally
the employee must have at least one year tenure employed with the
related transferring organization during the preceding three years.
L-1 visa status is available for either five years for specialized
knowledge employees, or seven years for executive or managerial
employees.
TN Visa
TN visa status is
available to Canadian and Mexican professionals who are employed in
one of the professions designated in the NAFTA treaty. There is no
maximum limit on the number of times TN status can be renewed, so
long as the worker continues to maintain and is able to prove
non-immigrant intent.