Navigating the complexities of U.S. business visas can be challenging. At Arias Villa Law, we are committed to providing comprehensive and up-to-date information to help you understand the various visa options available for business professionals. Whether you are an employer seeking to bring talent to the United States or an individual aiming to pursue business opportunities, we are here to guide you through every step of the process.

H-1B VISA: Specialty Occupations

The H-1B visa is designed for foreign professionals who wish to work in the United States in a specialty occupation. These occupations typically require a higher education degree or its equivalent in work experience. The Immigration and Naturalization Act (INA) allows U.S. employers to meet an immediate and temporary need for foreign professionals or persons with exceptional ability working in “specialty occupations.”

Eligibility Requirements:

• A valid job offer from a U.S. employer in a specialty occupation.
• A bachelor’s degree or higher in the specific specialty (or equivalent work experience).
• Proof that the position requires a professional in a specialty occupation.

Additional Details:

• Subject to a numerical annual limit of 65,000 visas per year.
• Foreign professionals holding a U.S. Masters or Ph.D. degree have preference.
• H-1B visa holders who are renewing their visas are not subject to the annual cap.
• Petitions by universities, government, and non-profit organizations are not counted against the annual cap.
• The visa is granted for three years, extendable up to a maximum of six years.
• Employers must complete an online registration by March each year, with USCIS conducting a random selection process.
• Selected applicants must submit their petitions on or after April 1 to be considered for the annual quota of the following fiscal year.

Required Forms:

• Form I-129 (Petition for a Nonimmigrant Worker)
• Form ETA-9035 (Labor Condition Application)

Steps:

1. Employer files a Labor Condition Application (LCA) with the Department of Labor.
2. Employer files Form I-129 with USCIS along with the approved LCA.
3. If approved, the foreign worker applies for an H-1B visa at a U.S. embassy or consulate.
4. USCIS issues a receipt notice, assigns a case number and priority date.
5. The applicant receives notices including a fingerprint appointment and may be requested for additional evidence.
6. The process can take between 3-9 months. Premium processing is available for an additional fee of $2,500, guaranteeing a decision within 30 days.
7. Once approved, if the applicant is in the U.S., they must travel to a U.S. consulate in their country of origin for a visa stamp and consular interview.

Time Schedule:

• LCA Processing: Approximately 7 days.
• Form I-129 Processing: 2-6 months (premium processing available).
• Visa Appointment and Processing: Varies by embassy/consulate.

H-2B Visa: Temporary Non-Agricultural Workers

The H-2B visa allows U.S. employers to hire foreign workers for temporary non-agricultural work when there is a shortage of available U.S. workers.

Eligibility Requirements:

• A temporary job offer from a U.S. employer for non-agricultural work.
• Proof of a temporary need for the position (e.g., seasonal, peak load, intermittent).
• Employer must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

Required Forms:

• Form I-129 (Petition for a Nonimmigrant Worker)
• Form ETA-9142B (Application for Temporary Employment Certification)

Steps:

1. Employer files Form ETA-9142B with the Department of Labor.
2. Employer files Form I-129 with USCIS along with the approved ETA-9142B.
3. If approved, the foreign worker applies for an H-2B visa at a U.S. embassy or consulate.

Time Schedule:

• ETA-9142B Processing: Approximately 60-75 days.
• Form I-129 Processing: 2-6 months (premium processing available for an additional fee).
• Visa Appointment and Processing: Varies by embassy/consulate.

L-1 Visa: Intracompany Transferees

The L-1 visa is for employees of an international company with offices in both the U.S. and abroad. It allows for the transfer of managers, executives, or employees with specialized knowledge to the U.S. office.

Eligibility Requirements:

• The employee must have worked for the foreign company for at least one continuous year within the last three years.
• The employee must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity.
• The U.S. and foreign offices must be related as parent, subsidiary, branch, or affiliate.

Required Forms:

• Form I-129 (Petition for a Nonimmigrant Worker)
• Form I-129S (Nonimmigrant Petition Based on Blanket L Petition, if applicable)

Steps:

1. Employer files Form I-129 with USCIS.
2. If part of a blanket L petition, employer files Form I-129S.
3. If approved, the foreign worker applies for an L-1 visa at a U.S. embassy or consulate.

Time Schedule:

• Form I-129 Processing: 2-6 months (premium processing available for an additional fee).
• Visa Appointment and Processing: Varies by embassy/consulate.