Work visas provide employees access to the United States labor market and an opportunity for experience development in a more challenging work environment. Unfortunately, certain work visas have limited availability or may be subject to annual caps.
Employers can sponsor work visas for full-time international employees who meet all of the qualifications, usually by providing a job offer and labor certification. A diverse workforce fosters innovation while connecting companies with local markets.
H-1B
The H-1B visa program permits U.S. employers to sponsor nonimmigrant foreign workers for temporary positions in specialty occupations, such as IT or science. Work must require advanced knowledge in that field and at least a bachelor’s degree or its equivalent is needed for entry-level work in those specialties.
Every year, the Department of Labor (DoL) sets a limit on how many H-1B workers may be hired. To apply for an H-1B worker, your department must attest that he or she will receive either the higher of prevailing or actual wage as payment; as well as not displace US workers in similar occupational fields.
O-1
The O-1 visa is a nonimmigrant work visa designed to recognize those possessing exceptional ability in sciences, education, business arts or athletics; or those who have achieved extraordinary achievements in motion picture and television production. Additionally, essential support personnel may assist those holding an O-1 visa.
Startup founders, CEOs and other senior executives who do not qualify for other work visa categories based on academic credentials may find the O-1 work visa a suitable alternative. Because it is merit-based and does not impose annual caps, applicants may petition at any time during the year.
P-1
The P visa allows internationally recognized athletes and entertainment groups to enter the US for specific professional activities. A sponsoring US employer or organization must submit Form I-129 Petition for Nonimmigrant Worker on behalf of these athletes/entertainers.
The petition must include evidence of international recognition through awards, critical acclaim or other means, as well as contracts signed with U.S. employers or entities for participation in events, competitions or activities; further, consultation from an appropriate labor organization (if one exists) is also mandatory.
O-2
An individual assisting an O-1 visa holder and playing an essential role in his or her work may qualify for an O-2 visa, which permits multiple entries and stays tied to his or her status – not providing access to citizenship.
An O-2 applicant must be sponsored by a U.S. employer or agent and submit Form I-129 with USCIS to demonstrate they are essential support personnel with critical skills that cannot easily be replicated by U.S. workers. For O-1B MPTV industry beneficiaries, this must be demonstrated either (2) through having had preexisting longstanding working relationship(s), or (2) by showing evidence of significant production works taking place both domestically as well as internationally.
P-3
The P-3 visa is specifically tailored for artists and entertainers coming to the US to develop, interpret, represent, coach or teach under an internationally unique cultural program – either commercially or noncommercially minded.
P-3 petitions must be filed by an organization or agent, such as an employer in the U.S., an agent in another country, or essential support personnel like coaches, scouts or trainers acting on behalf of an artist or entertainment group that qualifies for P-3 status.
H-3
The H-3 visa is intended for nonimmigrants invited to participate in training programs in the US. Such programs can be offered by branches of their company or unrelated US companies – provided it cannot be found elsewhere. Trainees may work during this training as long as it is “incidental and necessary.”
The petitioner must include an explanation of the type and structure of training, duration and purpose. They should explain why this training is unavailable in their home country; spouses and children of H-3 trainees may qualify for H-4 status.
L
The L-1 visa provides employers with a global hiring solution by enabling them to transfer employees with specialized knowledge between US and foreign offices. Specialized knowledge refers to any body of information unique or proprietary to a company such as its products or processes.
To qualify for this visa, a US company must show they have a qualifying parent-subsidiary-affiliate relationship with a foreign company and that the transferee has specialized knowledge. Furthermore, an employee must have been employed at this foreign company for at least one year in a role that requires such expertise prior to applying.
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