Helping Employers Hire the World's Top Talent

 

H-1B: EMPLOYING FOREIGN WORKERS IN SPECIALTY OCCUPATIONS

The H-1B visa is appropriate for employers seeking to employ foreign workers to perform services in a specialty occupation.

ELIGIBILITY: EMPLOYEE

In order for a Foreign worker to be eligible for the H-1B program, the foreign worker must have one of the following achievements:

  • Employee  completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.

  • Employee holds a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.

  • Employee has an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

  • Employee has education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

ELIGIBILITY: EMPLOYER

  • The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

  • Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent.

  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.

  • The employer normally requires a degree or its equivalent for the position.

  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

H-1B Compliance Services

With the Department of Labor and the Department of Homeland Security increasing their enforcement efforts, compliance in all areas of immigration related employment matters is key. To ensure you have a successful and compliant H-1B program, we can assist throughout the H-1B lifecycle. 

 

H-2A: TEMPORARY OR SEASONAL AGRICULTURAL WORKER

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals of certain eligible countries to the United States to fill temporary or seasonal agricultural jobs.

H-2B: Temporary Non-Agricultural Worker

For foreign nationals of certain eligible countries to perform temporary or seasonal non-agricultural work for which there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work.

 

H-3: Trainee or Special Education Visitor

This nonimmigrant category allows foreign nationals coming temporarily to the United States as either a (1) trainee to receive training in any field of endeavor, except graduate medical education or training, that is not available in the foreign national's home country, or (2) Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.


L-1:  INTRA COMPANY TRANSFER

L-1 category enables a U.S. employer to transfer an executive, manager or a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employee's spouse and unmarried children under the age of 21 may to enter the United States under the L-2 category. Additionally, the L-2 spouse is eligible for employment authorization.

 

O: Individual with Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.


P-1: Individual or Team Athlete, or Member of an Entertainment Group - Competition or Exhibition

To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.

P-2: Artist or Entertainer, Exchange Program

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.

P-3: Artist or Entertainer (Individual or Group), Cultural Training 

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.