Depending on the type of temporary work visa the foreign worker needs, they may be able to apply for it themselves or the employer may have to do it, as well as the sponsor.
The American employer almost always seeks the services of a lawyer to represent him or her and help with the paperwork. Each temporary visa request involves many steps and with several government agencies. Companies do not tend to take risks with immigration, nor do they want to lose a visa vacancy with long processes. For example, an employer must ask the Department of Labor (DOL) for labor certification before a foreign national can apply for a temporary work visa.
There, the employer must also justify why it needs to hire foreign employees, and must demonstrate that there are no American workers available to fill the position. They also have to demonstrate that the salary and working conditions comply with regional labor law standards.
How to have a temporary visa to work in the USA?
Temporary visas are non-immigrant visas, they are assigned to people who only want to visit the United States temporarily and do not plan to stay and live. If a person enters the US on a non-immigrant visa he must return to his country of origin and not exceed the allowed time granted to him.
The Department of State (DOS) is the federal office of the United States government that is responsible for foreign policy. It works with the Consulates and Embassies of the United States to process visa services for visitors on a temporary basis. There are a wide variety of nonimmigrant visa categories and each of them implies different requirements, rights and responsibilities for the holder.
What are nonimmigrant visas and what is needed to apply?
H1B Visa: Professionals with a university degree
Have a job offer in the United States with a company willing to be a sponsor.
- Have a job offer for a position that is professional.
- Have a salary and working conditions that match those of the majority of workers employed in the same field and for the geographic area where they will be working.
- Have a college degree or a combination of education and/or work experience that is equivalent to a college degree in a field of study related to the position to be held.
L1 Visa: Transferred Executive
The company in the country of origin:
– It must have a tangible and substantial operation.
– Have a staff of employees that justifies an organizational chart with management and direction functions that are well differentiated from routine functions.
The company in the United States:
– It can be pre-existing or new. It must have tangible and substantial operations or at least be in the process of doing so.
– Have a staff of employees - either present or in planning - that justifies an organizational chart with management and direction functions that are well differentiated from routine functions.– Both companies must be “affiliated”. This last requirement is met by demonstrating an ownership relationship of at least 51% of the company's capital in the United States. The “affiliate” relationship can be achieved in several ways, namely: as subsidiary companies of each other, or with a common center of ownership, among other ways.
The transferred employee:
– You must appear as an employee of the company of origin and have worked there for at least 12 of the last 36 months.
– He must have fulfilled management and/or direction functions in the company of origin and come to perform such functions in the company in the United States.
– He must have employees who report to him.
E1 Visa: Commercial Exchange
- The applicant must be a national of a country that maintains a free navigation and trade treaty with the United States. As do Argentina, Chile, Colombia, Costa Rica, Honduras, Mexico, Panama and Paraguay.
- The applicant company must carry out “substantial” and constant international commercial exchange, mainly between the country of origin and the United States, with a continuous flow of commercial exchange operations as time passes.
- The regulations do not indicate a particular figure as to what is considered substantial commercial exchange. To answer this question, one must observe not only the amount of money exchanged, but also the frequency of the operations, which must be at least sufficient to provide economic support to the company, the businessman, and his family. Job creation can be considered positively in the decision of the case.
- International commercial exchange may consist of the exchange of goods, services, banking and/or insurance services, transportation, tourism, technology, news agencies, among others.
E2 Visa: Investor
- The applicant must be a national of a country that maintains a free navigation and trade treaty with the United States. For example: Argentina, Chile, Colombia, Costa Rica, Honduras, Mexico, Panama and Paraguay.
- A “substantial” investment must be made. The regulations do not indicate a particular figure.
- It is required to verify the legitimate origin of the funds.
- The investment must be, like any business investment, subject to “risk” and irrevocably committed to the business.
- The investment cannot be “marginal”, that is, it does not only provide means for the subsistence of the investor and his family. It must produce jobs. Although there is no defined number of initial employees, they should be between two and three. Additionally, it is suggested that the investment be “tangible” and not merely speculative.
O Visa: Extraordinary Abilities
- A sponsoring company is needed.
- It is for individuals who possess extraordinary abilities in the sciences, arts, education, business or athletics, or have demonstrated a record of extraordinary achievements in the motion picture or television industry and have been recognized nationally and internationally for those achievements.
- They are considered part of the small percentage of people who are at the top in their field of expertise.
F1 Visa: Academic or language students
- Permanent residence in a foreign country and intentions to return home: after graduation it is imperative that the international student plans to return to his or her home country. The purpose of a student visa is to obtain more education and then take the new knowledge back to your country of citizenship, not to remain in the US.
- Admission to an approved school: During the interview, it is essential to prove acceptance to an institution or language school in the United States previously approved by the SEVP (Student Visiting and Exchange Program).
- Sufficient financial support: F-1 visa holders must be equipped to cover their living and study expenses while in the US, as legal employment opportunities will be limited. If you do not have sufficient financial support, you need a sponsor to help cover the expenses. You may be inside or outside the United States.
- Ties to your home country: Demonstrate strong ties to your home country, including family, job offers, bank accounts or other assets.
P Visa: Featured Athletes and Artists
- An employer in the United States must first submit an application to U.S. Citizenship and Immigration Services. If USCIS approves the petition, the U.S. entrepreneur is notified, but so is the hired foreign artist.
What is an Immigrant Visa?
If a person wishes to enter the United States to stay permanently, they are granted an immigrant visa. This document is processed and approved by the United States Citizenship and Immigration Services (USCIS). The process of obtaining an immigrant visa depends on the status of the individual applying for it. For example:
- You have a family member who is a US citizen or permanent resident.
- He has an offer for permanent employment from a US company.
- You want to make an investment in the country.
- Won a spot in the diversity visa program (visa lottery).
Each of these situations has its own requirements, forms and documents to submit.
The most requested immigrant visas are:
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