Work Visas

O-1 Visas: Individuals with Extraordinary Ability or Achievement

Are you a creative, entrepreneur or professional who has a track record of extraordinary ability in the arts or extraordinary achievements in the motion picture or television industry? Alternatively, do you possess extraordinary ability in business, sciences, athletics or education? If so, you.may qualify for an O-1 visa by demonstrating that you have been recognized nationally or internationally for your achievements.

In addition to providing documentary evidence to support your career accomplishments, O-1 visas require a U. S. employer, U. S. agent, or foreign employer through a U.S. agent, to file a petition on your behalf, along with a U.S. job offer or contracts showing you have projects lined up.

O-1B Visa Criteria for Individuals in the Arts or Motion Pictures and Television:

Don’t have a major industry award nomination or win under your belt? Don’t sweat it! You can still qualify for an O-1B visa by meeting at least three of the following six criteria:

• Have performed and will perform in a lead/starring role in distinguished productions/events;

• Have received national/international recognition for achievements through critical reviews and other published materials;

• Have performed and will perform in a lead/starring/critical role for distinguished organizations;

• Have commercial/critically acclaimed success;

• Have Significant recognition from organizations, critics, government agencies, and recognized experts; or

• Have and will receive a high salary/other remuneration relative to others in the field

O-1A Criteria for Individuals in Business, Sciences, Athletics or Education:

Still working towards that one-time achievement award? In the meantime, qualify for an O-1A visa by meeting at least three of the following eight criteria:

• Receipt of lesser nationally or internationally recognized prizes or awards;

• Membership in associations in the field which demand outstanding achievement of their members;

• Published material about you in major media;

• Judged the work of others;

• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

• Authorship of scholarly articles in professional or major trade publications or other major media;

• Performance of a leading or critical role in distinguished organizations; or

• Command a high salary or other significantly high remuneration in relation to others in the field

P Visas: An Alternative Option for Professional Athletes and Entertainment Groups

Looking to explore options beyond the O-1 visa as an athlete, coach or member of an entertainment group? The P visa may be right for you if you intend to come to the U.S. to perform in a specific competition or event and fall into one of these categories:

• P-1A: Individual athlete, coach or member of an athletic team at an internationally recognized level of performance; or

• P-1B: Member of an internationally recognized entertainment group that has been established for a minimum of one year at an internationally recognized level of performance.

TN Visas: Canadian & Mexican Nationals

Are you a Canadian or Mexican national looking for an opportunity to expand your talents into the U.S. and engage in business activities at a professional level? You may qualify for a TN visa if:

• You are a citizen of Canada or Mexico;

• Your profession is on the NAFTA list;

• Your position in the U.S. requires a NAFTA professional;

• You will work in a prearranged full-time or part-time job for an employer; and

• You meet the specific education and/or work experience requirements.

E-1: Treaty Trader Visas

Are you an entrepreneur engaging in the international trade of goods, services or technology and looking to expand your talents into the U.S. market? You may be eligible for an E-1 Treaty Trader visa if you:

• Are a national of a treaty country;

• Carry on substantial trade; and

• Carry on principal trade between the U.S. and the treaty country which qualifies you for E-1 classification.

E-2: Treaty Investor Visas

Are you an entrepreneur looking to establish your business or startup in the U.S.? You may qualify for an E-2 Treaty Investor visa if you:

• Are a national of a treaty country;

• Are investing a substantial amount of capital in a U.S. business; and

• Plan to solely develop and direct the business of which you have at least 50% ownership

Some E-2 Business requirements to consider:

• At least 50 percent of the business must be owned by individuals with the treaty country’s nationality;

• The investment must be substantial and sufficient to ensure the successful operation of the business;

• The investment must be a real operating business such as an active commercial or entrepreneurial undertaking;

• The business must not be marginal but rather generate significantly more income than to simply provide a living to you and your family, or it must have a significant economic impact in the U.S.; and

• The intending E-2 investor must document the source and path of the investment and demonstrate control of the funds

E-3 Visas: Australian Nationals

Are you an Australia professional in a specialty occupation looking to explore the E-3 visa option? You may qualify if you:

• Are a national of Australia;

• Have a U.S. job offer for a position that qualifies as a specialty occupation role; and

• Have the requisite educational and/or professional credentials

L-1 Visa: Intra-Company Transferees

L-1 visas are available for intracompany transferees to work at a U. S. branch, parent, affiliate or subsidiary of the current employer in an executive or managerial capacity (L-1A) or in positions that require specialized knowledge (L-1B). To qualify, you must have been employed by the same employer abroad continuously for one year within the three preceding years.

L-1: New Offices

You may qualify for an L-1 visa if you open a new office in the U.S. and meet the following requirements:

• You have a physical location for the new office;

• You have been employed as an executive or manager for one continuous year in the three years before filing the petition; and

• The new office will support an executive or managerial position within one year of the approval of the petition.

H-1B Visa

You may qualify for an H-1B visa if you will be employed temporarily in a specialty occupation where the role requires specialized knowledge typically associated with the completion of at least a bachelor’s degree in a specialty field, such as accounting, engineering, computer science, architecture, law, or medicine. Since there’s an annual cap on the number of H-1B visas issued, to apply for an H-1B visa you first need to be selected from the H-1B lottery where USCIS randomly selects registrants who can proceed with an application.