Benjamin Beijing Wang Attorney at Law - Member of AILA

Work Visas

Temporary work visas allow foreign nationals to come the US to work on a temporary basis.  The most thought of visa is the H visa which consists of several classifications.  The H-1A applies to registered nurses.  The H-1B visa is issued to people in specialty occupation to work in the US.  The L-1 visa permits intracompany transferees, employees of a foreign company to work in a US office of the company.  Additionally, O, P and R visas may also allow foreign nationals to engage in employment in the US.

H Classification:      To qualify for the H-1B classification, the employer and foreign national must meet two basic requirements.   The first is that the foreign national must have a bachelor’s, or four year college degree, or its equavelent.  In addition, the employer must show that the position offered requires a bachelor’s degree or its equavalency.  The H-2 visas are issued to people who come to the US to work in agriculture and other related areas for which there are insufficient US workers.  All H visas require an offer of employment from a US employer and proof that the employer will pay the prevailing wage.  The H-2 visa also requires that the employer makes a showing that there were no qualified US workers available and willing to fill the position.

L Classification:      The L-1 visa allows an executive, manager or employee with specialized knowledge to come from the home office to assist with the operations in the US office.  A foreign national who comes from the home office to establish a new office may also qualify for an L-1 visa.  Like H-1B visa holders, L-1 holders can pursue permanent residency in the US. 

Other Classifications:   O visas are issued to foreign nationals of extraordinary ability in the arts, sciences, athletics, business and education, who have received national or international acclaim in their field.   P visas allow outstanding athletes, athletic teams and entertainment groups of sustained international recogntion to enter the US to compete and perform.  R visas apply to religious workers who enter the US to work for an affiliate of the foreign religious denomination.  In addition, there are visas that permit some level of employment in the US, including those pursuant to NAFTA, and treaties between the US and other countries for trade and investment in the US.