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Working in the USA Information

The purpose of my visit is to work in the US temporarily. What should I do?

What are the employment related visa categories and their time limits?

The following is a list of some of the more common employment or business related visas used but is not an exhaustive list. You should consult an attorney prior to petitioning the INS for entry under any such categories as there are numerous requirements and specific forms that must be filed in order to obtain employment related visas.

E-1 Treaty Trader Visas are provided to people who will enter the US solely to carry on substantial trade, including trade in services or trade in technology, principally between the US and the foreign country of which the person is a national. Applications for E-1 visas are made directly to the US consulate and not through the INS, unless the applicant is in the US in another visa status and seeks to change to an E-1 visa. The maximum time limit on E-1 visas is five years but it is renewable.If you do not fall under these categories but will be coming into the US as a nonimmigrant then apply for a nonimmigrant visa through the INS.

E-2 Treaty Investor visas are provided to people who will enter the US solely to develop and direct the operations of an enterprise in which the traveler has invested, or is actively in the process of investing, a substantial amount of capital. E-2 non-immigrant visas are available to foreign-owned businesses if the home country of the business owner has a treaty with the US that allows American businesses to operate in that home country. The maximum time limit on E-1 visas is five years but it is renewable

H-1B visa allows workers in specialty occupations to work in the US for up to a total of six years. A US employer makes an offer of employment to begin the petition process. The employer must ensure that the worker will be paid at least 95% of the prevailing wage paid to similarly employed workers in the geographic area where the foreign worker will be employed. Once this information is obtained, a Labor Condition Application (LCA) must be submitted to the US Department of Labor which is approved and returned to the employer to be submitted to the INS as part of the H-1B petition package. The INS will require documentation of the foreign worker’s qualifications, the employer’s type of business, and the type of work the beneficiary will be performing. The H-1B visa is employer-specific which means if the worker moves to a new employer after acquiring an H-1B visa he or she will need to go through a new H-1B approval process. The maximum authorized stay in the US under H-1B status is six years.