This is the most common business visa classification. However there is a quota on the number of new H-1B visas issued each year — 85,000 per fiscal year (October to September), which makes it difficult for organizations to sponsor a foreign worker who is not already in the United States.

Eligibility

• Must have at least a bachelor’s degree or its equivalent
• Offered position must require a bachelor’s degree in a specialized field
• Annual salary must meet the wage requirement for the area of employment, as determined by the Department of Labor (DOL)

Duration

• Initially for 3 years
• Status may be extended for up to 3 additional years for a total maximum of 6 year
• Extensions beyond 6 years may be possible in certain instances

Annual Quota

• 65,000 for traditional H-1B status
• 20,000 for advanced degree holders from U.S. universities

Other Information

• Although there is an annual quota on H-1Bs, someone who held H-1B status within the last 6 years is cap exempt.

Dependents of H-1B visa holders, classified as H-4, are not eligible to work in the United States in H-4 status.

This visa category resulted from the signing of free trade agreements with Singapore and Chile in 2004. It is essentially the same as the traditional H-1B visa category.

Eligibility

• Only open to citizens of Chile or Singapore
• Must have at least a bachelor’s degree or its equivalent
• Offered position must require a bachelor’s degree in a specialized field
• Annual salary must meet the wage requirement for the area of employment, as determined by the DOL

Duration

• Initially for 18 months
• Status may be extended for an indefinite period of time

Annual Quota

• 5,400 for Singaporeans
• 1,400 for Chileans

Other Information

• Chileans and Singaporeans are not restricted solely to the H-1B1 category and may apply for the traditional H-1B visa status, or any other status for which they may be eligible. The quota for this category has never been reached, so it is a good alternative to the H-1B.

Dependents of H-1B1 visa holders, classified as H-4, are not eligible to work in the United States in H-4 status.

These visa categories are for individuals to carry out international trade or to invest a substantial amount of capital in a U.S. enterprise.

Eligibility

• Open to citizens of countries with which the United States maintains a treaty of commerce
• Must carry on substantial trade, principally between the United States and the treaty country (E-1)
• Must develop and direct the operations of an enterprise in which s/he has invested, or is investing, a substantial amount of capital (E-2)

Duration

• Visas are generally valid for a period of 5 years, but treaty traders and investors may not be admitted for an initial period of more than 2 years
• Status may be extended thereafter in 2-year increments for an indefinite period of time

Annual Quota

• None

Other Information

• An excellent visa option for those eligible who are planning to start a business enterprise in the United States.
• While Canadian citizens are visa-exempt for most non-immigrant categories, they are specifically required to have a nonimmigrant visa issued by a U.S. consular officer to enter in E-1 or E-2 status.
• Dependents of principal E-1 or E-2 visa holders, also classified as either E-1 or E-2, may apply for work authorization with the USCIS. It is not necessary for the dependent to hold the nationality of the principal applicant or to have citizenship of a Trader / Investor country.

This visa category is part of the North American Free Trade Agreement (NAFTA). There is no limit on the number of TN’s issued per year to Canadians but there is a limit on the number issued to Mexicans. This quota has never been reached.

Eligibility

• Only open to citizens of Canada or Mexico
• Filling a position that has been designated as professional in Appendix 1603 D.1 of 8 C.F.R. 214.6 (c)
• Must have the requisite educational requirements for the position, as defined by NAFTA. This is generally a bachelor’s-level degree

Duration

• Initially for 3 years
• Status may be extended thereafter in 3-year increments for an indefinite period of time

Annual Quota

• None for Canadians
• 5,500 for Mexicans

Other Information

• For eligible Canadian citizens, this is the fastest way to secure employment in the United States.
• An application is submitted by the foreign national directly to an immigration officer at the port-of-entry and does not involve lengthy application processes with the USCIS.
• Canadians and Mexicans are not restricted solely to the TN category and may apply for the traditional H-1B visa status, or any other status for which they may be eligible.
• Even if someone is subject to the J-1 two-year home residence requirement, s/he may still work in the United States in TN status, but must leave the U.S first.

Dependents of TN status holders, classified as TD, are not eligible to work in the United States in TD status.

Intracompany Transfer

This visa category is available to persons who have worked overseas for one year in the past three years with an organization that has a U.S. headquarters, affiliate, subsidiary, or branch. This is a common visa type for multinational companies that have frequent transfers to U.S. operations. There are two categories within the L-1 classification: L-1B (specialized-knowledge) and L-1A (manager / executive).

Eligibility

• Must have worked for 1 year in the past 3 at an overseas site
• Company must have a U.S. office
• In general, no degree requirement. Eligibility is based on time worked for the company abroad and duties of the position

Duration

• Initially for 3 years
• Status may be extended for either 2 or 4 additional years for a total maximum of 5 years (L-1B) or 7 years (L-1A)

Annual Quota

• None

Other Information

• This visa classification usually has a fast-track to U.S. permanent residence for those in L-1A status.

Dependents of L-1 visa holders, classified as L-2, may apply for work authorization with the USCIS.

This visa category resulted from a signed free trade agreement between the United States and Australia in 2005.

Eligibility

• Open to citizens of Australia only
• Must have at least a bachelor's degree or its equivalent
• Offered position must require a bachelor's degree
• Annual salary must meet the wage requirement for the area of employment, as determined by the DOL

Duration

• Initially for 2 years
• Status may be extended for either 2 year increments, for an indefinite period of time

Annual Quota

• 10,500

Other Information

• Australians are not restricted solely to the E-3 category and may apply for the traditional H-1B visa status, or any other status for which they may be eligible.
• Similar complexities to the H-1B, including interaction with DOL. The quota for this category has never been reached, so it is a good alternative to the H-1B.

Dependents of principal E-3 visa holders, also classified as E-3, may apply for work authorization with the USCIS. It is not necessary for the dependent to hold the nationality of the principal applicant.

Extraordinary Ability

This visa category is designated for individuals of extraordinary ability in the sciences, education, business, arts or athletics, as well as individuals of extraordinary achievement in the motion picture and television industries. This classification is obtained by demonstrating to the USCIS that the individual has sustained national or international acclaim. As this category is highly selective, it is a less common route to work authorization and a relatively small number qualify for this status. However, it can be a useful alternative because there is no numerical limit on the number of O-1's issued per year.

Eligibility

Must provide evidence of at least three of the following. That s/he:

• received a national or international prize/award
• is a member of a selective professional association
• has authored articles/books
• has published materials about his/her work
• has judged the work of others
• has made original scholarly contributions
• has been employed in a critical capacity
• has commanded a high salary

Duration

• Initially for 3 years
• Status may be extended thereafter in 1 year increments for an indefinite period of time

Annual Quota

• None

Other Information

• As the requirements for this visa status are quite stringent, most individuals who qualify will likely also qualify for a green card without testing the U.S. labor market.
• Even if someone is subject to the J-1 two-year home residence requirement, s/he may still work in the United States in O-1 status.

Dependents of O-1 visa holders, classified as O-3, are not eligible to work in the United States in O-3 status.

Labor certification applications are approved by the Department of Labor within a few months of your employer filling on your behalf.

Transitioning from a temporary worker to a permanent hire (green card) generally requires a foreign worker to go through labor certification. PERM (Program Electronic Review Management) is the DOL’s system for employers to file labor certification applications. The system requires employers to first test the U.S. labor market through a variety of standard recruitment methods. Following the recruitment period (generally 2 to 6 months), the attestation application is submitted electronically to the DOL by the employer. After approximately 3 to 6 months, the application is certified by the DOL. The employer then submits the approved application and an accompanying immigrant petition directly to the USCIS.

PERM Recruitment Requirements

To demonstrate that an employer has adequately tested the U.S. labor market, the DOL requires that an employer place 2 Sunday print newspaper advertisements for the offered position and also document at least 3 of the following additional recruitment efforts:.

• Posting the position on the employer's web site
• Participation in Job Fairs
• Posting of the position on job search websites. This can include the internet version of the required newspaper advertisement.
• Participation in on-campus recruiting events (HBS campus presentations and/or interviews)
• Posting with trade or professional organizations
• Having an established employee referral program with incentives
• Posting job announcements with campus career offices
• Advertising job openings in local and ethnic newspapers
• Advertising job openings in radio and/or TV ads