USA Work Visas

USA Work Visas

visa applicant

H-1B Visas

H-1B visas are issued to applicants seeking temporary employment in the United States in specialty occupations, as fashion models of distinguished merit and ability or issued to those providing services related to the Department of Defence’s cooperative research and development project or co-production project.

The specialty occupation category is the most relevant in this instance and is defined as “requiring theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor or higher degree in the specific specialty (or its equivalent)” as a minimum for entry into the United States to work in that occupation.

The minimum requirement for the approval of H-1B is normally a baccalaureate or higher degree, however, there are exceptions.
The visa process consists of two phases. A petition is filed by the US employer and upon approval, the intended employee applies for a visa.
This period for petition processing is independent of the time required to process the visa application. The applicant must arrange an interview date with the relevant US embassy. Interview dates are subject to availability.

H1B US work visas are granted for an initial duration of three years and may be extended for another three years. This, however, does not prevent the visa beneficiary from adjusting status to acquire a permanent residence visa.
The spouse and children under 21 of a H-1B visa applicant may acquire H-4 visas. Under US immigration law, they are currently not allowed to work but may attend school.

Spouses of an L-1 visa holder (L-2 visa beneficiaries) may work in the USA. The same benefit is bestowed on spouses of E-2 visa holders. Thus, it may be to one’s advantage to peruse the details pertaining to these other US visas to see whether US migration may be achieved under one of these categories.
A US immigration lawyer at Solutions in Law can provide helpful information about the H1B visa and other US work visas.

H-2A and H-2B visas

The H-2 visas fall into the non-immigrant category of US visas for UK residents and other foreign nationals. They consist of two categories: the H-2A and the H-2B.

The H-2A visa applies to aliens entering the United States to perform agricultural work of a temporary or seasonal nature. Therefore, a foreigner with an H-2A visa can temporarily live and work in the US.

The H-2B visa applies to persons whose job skills or occupation who are entering the United States to perform temporary work for a United States employer.

A US employer may engage an alien worker for temporary, seasonal or intermittent work upon obtaining a labour certification to the effect that there are no US persons willing and able to perform the job requested and the employment of the alien does not adversely affect wages and working conditions of employees in the United States. 

A petition must subsequently be approved by the United States Citizenship and Immigration Services.
The H-2 visa is granted for a one-year period and may be extended in one-year increments for a maximum of three years.
statue of liberty

O-1 Visa

The O-1 visa is acquired by aliens with extraordinary ability in the arts, sciences, education, business or athletics. The achievements of persons in this category have to be over and above their counterparts in the same field.
In respect to extraordinary achievement or ability in the arts, the alien applicant would need to satisfy the following criteria to qualify for an O-1 visa:

1. Evidence that the alien has been nominated for or has been the recipient of significant national or international awards or prizes in the particular field such as an Academy award, an Emmy, a Grammy or a Directors Guild Award;

2. Or satisfy three of the following criteria:
(a) Evidence that the alien has performed and will perform services as a lead or starring participant in productions of events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements.
(b) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, or other publications.
(c) Evidence that the alien has performed in a lead, starring or critical role for organisations and establishments that have a distinguished reputation evidenced by articles in newspapers or trade journals.
(d) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, credit for original research or product development, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications.
(e) Evidence that the alien has received significant recognition for achievements from organisations, critics, government agencies, or other recognised experts in the field in which the alien is engaged. Such testimonials must be in a form that clearly indicates the authors authority, expertise and knowledge of the alien’s achievements.
(f) Evidence that the alien has commanded or now commands a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

3. If the above standards do not readily apply to the alien’s occupation, the petitioner may submit comparable evidence in order to establish the alien’s eligibility for O-1 visa status.

Solutions In Law Ltd is representative on US work visas for UK residents and international clients across the world.

Contact us for comprehensive advice on the O-1 visa and other US work visas.

Excellent friendly practice with solid information regarding the US visa system Tim Frear Managing Director Platinum Stairlifts

"I am so impressed with Solutions in Law. I went to them to acquire a visa to the United States and from that moment on, the process was smooth from start to finish. They were approachable, professional and very patient. Both Nicole and Adam provided me with all the advice I needed, and got back to me immediately on any questions/concerns I had. Thank you both very much for making my visa a reality and enabling me to take my once in a lifetime trip!"

Joanne Critchley

Events Manager, Accenture UK Limited
For personal advice please contact Solutions In Law Ltd for a consultation with one of our USA immigration lawyers.

020 7268 4859

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