COMMONLY USED BUSINESS AND EMPLOYMENT VISAS

NONIMMIGRANT VISAS

B-1 Visitors for Business

Purpose:	Short-term business visits to United States

Length of Stay:	
		--Initial Entry:			3-6 months
		--Maximum period of stay:		1 year

Permitted Activities:
		--commercial transactions
		--contract negotiations
		--consultations
		--litigation
		--conferences, meetings, seminars, etc.
		--short-term research

Restrictions:	--no "local" employment (no payment of salary from U.S. sources)
		--must intend to depart U.S. at conclusion of authorized stay
		--sufficient ties to home country required for issuance

H-1B Specialty Occupation Visas

Purpose:	Temporary employment for "degreed" (or equivalent) aliens in 
		professional or "specialty" occupations

Length of Stay:	
		--Initial Entry:			3 years
		--Maximum period of stay:		6 years

Permitted Activities:
		--productive employment in the U.S. in a "professional" job, 
		  described in employer's Petition to USCIS, subject to terms 
		  and conditions of Petition
		--spouses and children may attend school

Restrictions:	--employer and employment specific: no other work in U.S. allowed
		--Labor Condition Application must be filed prior to submission 
		  of Petition
		--employee normally needs at least a Bachelors degree to qualify
		--spouses and children may not work

L-1 Intracompany Transferee Visas

Purpose:	Temporary employment in the U.S. in either executive, managerial,
		or "specialized knowledge" positions of personnel in the employ 
		(or recent employ) of an overseas parent, subsidiary, or affiliated
		company or corporation

Length of Stay:	
		--Initial Entry:		3 years
		--Maximum period of stay:
		  --Executives and Managers:	7 years
		  --Specialized Knowledge:	5 years

Permitted Activities:
		--productive employment in above-described capacities in 
		  occupations described in employer's Petition, subject 
		  to terms and conditions of Petition
		--spouses and children may attend school
		--spouses and may work

Restrictions:	--employer and employment specific: no other work in U.S. allowed
		--cannot change jobs within company without new Petition

E-2 Treaty Investor Visas

Purpose:	Temporary employment in the U.S. of overseas investors, 
		officers of overseas investor companies or concerns, or 
		essential overseas personnel and employees to direct, 
		develop, establish, or expand new or existing U.S. businesses 
		that will employ U.S. workers

Length of Stay:	
		--Initial Entry: 1 year
		--Maximum period of stay: no limit, renewable in one year 
		  increments
		--underlying application for entry is normally approved for 
		  a 5 year period, renewable indefinitely

Permitted Activities:
		--productive employment in positions approved by U.S. State 
		  Department or USCIS that are necessary to activities and 
		  development of the investment
		--spouses and children may attend school
		--spouses and may work

Restrictions:	--employer and employment specific: no other work in U.S. allowed
		--extension applications or re-entries from abroad required 
		  annually in order for alien to maintain valid immigration status

IMMIGRANT VISAS

First Employment Preference Visas ("EB-1")

1. Aliens of Extraordinary Ability

Purpose:	Permanent employment of those [aliens] of extraordinary ability 
		in the sciences, arts, education, business, or athletics which 
		has been demonstrated by sustained national or international 
		acclaim and whose achievements have been recognized in the field 
		through extensive documentation.

Advantages:	--No Job Offer required
		--No Labor Certification required
		--Alien or an Employer may file Petition

2. Multinational Executives or Managers

Purpose:	Permanent employment in the U.S. in either executive or 
		managerial positions of personnel in the employ (or recent 
		employ) of an overseas parent, subsidiary, or affiliated 
		company or corporation

Advantages:	--No Labor Certification required
		--quicker processing time

Second Employment Preference Visas ("EB-2")

Purpose:	Permanent employment of aliens who are (1) members of the 
		professions holding advanced degrees or their equivalent, 
		or (2) aliens who, because of their exceptional ability in 
		the sciences, arts, or business will substantially benefit 
		the national economy, cultural, educational interests or
		welfare of the U.S.

Advantages:	--more visas available each fiscal year
		--"National Interest" visas:
		  --alien or employer may seek exemption from Labor Certification 
		  if the employment:             
			a)  improves the economy
			b)  improves the wages and working conditions of U.S. 
			    workers
			c)  improves education and training programs for U.S. 
			    children and under-qualified workers
			d)  improves health care
			e)  provides more affordable health care
			f)  improves the environment
			g)  a request from an interested U.S. government agency

Third Employment Preference Visas ("EB-3")

Purpose:	Permanent employment of (1) professional workers, (2) skilled 
		workers, or (3) "other workers".  

		--"Professionals" are defined as those workers whose jobs 
		  require the attainment of a bachelors degree in order 
		  to perform the job duties
		--"Skilled Workers" are defined as those workers whose 
		  jobs require at least two years' experience in order to 
		  perform the job duties
		--"Other Workers" are those workers whose jobs require less 
		  that two years' experience in order to perform the job duties

Requirements:	--Labor Certification (please see outline of the Labor 
		  Certification Application process for further details)

Copyright (c), Arthur C. Carr III, Attorney at Law