Visa Information

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Friday 21 August 2009 09:15 GMT
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The main temporary US work visas are the H-1B, the L-1, and the E-3

1. H-1B Specialty Occupation Visas

Conditions

  • It can be especially difficult to obtain because only 65,000 H-1B visas are issued annually worldwide.
  • You will need to have secured a job offer from a US employer.
  • To qualify you must work in a ‘specialty occupation,’ which can include finance, accounting, sales, engineering, teaching, healthcare, legal, business, hospitality, and others.
  • An equivalent of a US college or university degree in a relevant subject is necessary, which can be met by a non-US and/or relevant degree, followed by three or more years of work experience, or twelve years of high-level work experience.
  • The visa is issued for up to three years but can be extended for a maximum of six years. It also allows your spouse and children under 21 to accompany you on an H4 visa.
  • It is a “dual intent” visa that allows you to apply for a Green Card (Legal Permanent Residency) as well.
  • A total of 3 to 6 months should be allowed for the visa application and confirmation process.

2. L-1 Visa (Multi-national employees)

Conditions

  • Allows companies operating both in the US and abroad to transfer employees for up to 7 years.
  • You must have worked for the subsidiary, parent, affiliate or branch office of the US company outside the US for at least one year of the past three years.
  •  Only managers, executives and specialized knowledge staff are able to apply for an L1 visa.

3. E-3 Visa for Aussies

Conditions

  • Working temporarily in a specialty occupation for which you already have a job offer in the US
  • A “specialty occupation” requires a body of knowledge in a professional field and a minimum of a bachelor’s degree relating to that occupation. To determine what qualifies as a “specialty occupation,” see www.uscis.gov. Although there is no definitive list of occupations, you can use a guide through the O*NET Online website.
  • The E-3 visa is valid for a maximum of 2 years, but can be renewed as long as you do not intend to remain or work permanently in the US.
  • No extra fee applies in addition to the worldwide non-refundable visa application fee.
  • If an E-3 visa is approved at interview, it can take 2-3 business days for it to be issued.
  • The US issues a maximum of 10,500 E-3 visas annually.
  • Spouses of an E-3 visa holder are allowed to work in the US also, and are not required to hold a position in a specialty occupation.

Other Work Visas

H-2B Visa

  • Similar to the H-1B Visa, but is aimed at only short term temporary or seasonal work.
  • You must first have a job offer from an employer in a field including hotels, ticket sales, cruise ships, ski resorts, restaurants, retail stores, and others similar.
  • You must meet the job qualifications for your offer.
  • You must intend to return home when the job ends and visa expires.

T-N1 Visa

  • Similar to the H-1B but is directed toward Canadian and Mexican citizens only.

Green Card

  • A permanent residency visa that can lead to US Citizenship.
  • Can be acquired by employment and sponsorship, by marriage, by family member, or by the Green Card Lottery.

Green Card Lottery

  • Fill out an online application form in October or November through the US Immigration Bureau to enter the pool of applicants.
  • Only 50,000 a year are selected, so it can be quite tough to acquire.

Employment/Sponsorship

  • Your employer, once you determine that you are eligible for a Green Card, will complete a Labor Certification request and submit it to the Department of Labor’s Employment and Training Administration.
  • The INS will then approve an “Immigrant Visa Petition” filed by your employer.
  • After you are assigned an immigrant visa number, you must adjust your status by submitting additional forms to the INS.

E-2 visa

  • For people who want to buy, invest or start a business in the US.

J-1 visa

  • A short-term training and learning visa, after which you return to your home country and apply the skill you have acquired.
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H1 Visa
An H1 Visa is classified as a specialty visa for professional positions. There are certain rules and conditions all USA employers must follow and exhaust before pursuing a foreign national for employment. In the late 90's people became concerned with what will happen when the new millennium rolls around/the year 2000. Computer system design was not set up with with 4 digits to show the year. It was 97, 98, 99... and then 00 which means some date-related processing to operate incorrectly for dates and times on and after January 1 2000. Without corrective action, it was suggested that long-working systems would break down and suddenly become invalid. They coined this as most know; Y2K (Year 2000). Companies and organizations worldwide checked, fixed, and upgraded their computer systems. The year 2000 rolled in and everything was fine. The US alone spent over a billion having systems corrected. This resulted in a shortage of IT geeks. The workforce in the US was crossing the threshold of change as we knew it then. We saw people (mostly with a mainframe background, DB2, CICS, Cobol...)from all over the world getting an H1B visa with very little difficulty. In fact, once the process and paperwork was sent to INS it could be approved in as little as 3 weeks. The average was 6 - 8 weeks and the longest I had seen was 16 weeks. The point is most of the conditions that the employers were to follow were not being done, they were not enforced by the company nor INS. IT talent was primarily coming from India. Highly educated, advanced degrees and from an technological standpoint they were much more advanced than the US. They were also being billed out at a fraction of the cost to what the US norm bill rate was at that time. Then outsourcing, foreign nationals jumping ship to join an American company in hopes they would be sponsored for a green card before their H1 expired. This would be a total of six years. Three years when first issued and one extension for three more years obviously totaling 6 years. If their green card was not in process (a lot of companies would not do this because it was costly and meant a longer term commitment to the employee. Some companies did not want to take the chance)the applicant had to return back to their homeland. There was also a business cultural difference that created a whole new set of problems that I rather not go into. The TN Visa was so much easier to work with from the paperwork to the new employee starting much sooner. My experience with the TN Visa was strictly with Canada. It was actually quite fun going up there on recruiting campaigns. Going from my experience with these two visa's I have to say the H1 and TN visa's are totally different. At least from a recruiting cycle and the processing of paperwork. The paperwork to complete for an H1 visa was much more complex than the TN visa paperwork. If I am still around for y10k at least I will have had experience with visa processing. Not sure if I'll remember it though when that time comes. Hope this was helpful and thanks!

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