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Destination USA : Information on Work Permit & Visas |
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| USA offers a range of work permit and visa applications. |
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B-1 Visa - Doing Business in the USA : As a general rule, nationals of countries participating in the Visa Waiver Program (VWP) need not obtain a visa to perform regular business activities in the US. These countries are Andorra, Australia, Austria, Belgium Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Nationals of other countries will need a visa to perform business activities in the US, most likely the B-1 visa.
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Doing business means engaging in business activities other than the performance of skilled or unskilled labour. Gainful employment is not allowed and requires a work visa. Examples of doing business include negotiating contracts, consultations with business associates, participation in seminars or conventions, and undertaking independent research. |
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To Obtain a B-1 Visa each case must be well documented with supporting evidence proving that all legal requirements have been met. The relevant US Consulate or Embassy will then adjudicate the visa application. The visa may be issued for up to 10 years, but the visa holder will normally only be admitted to the US for 6 months at a time. Dependents of the visa holder (spouses and children) cannot obtain dependent visas, but may be able to get B-2 visas. |
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B-1 Visa in Lieu of H-1B Visa - Doing Business in the USA : This visa is somewhat unusual as it allows the holder to work in the US, yet does not require the filing and approval of a petition to the US Citizenship and Immigration Services like most work visas do. It also does not involve a US employer. This may in rare circumstances cause problems when the holder enters the US.
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| The most common B-1 in lieu of H-1B visa scenario involves a foreign (non-US) company having a contract or agreement with a US client or customer to perform services in the US. |
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| This visa is for highly specialized and professional employees only. While they are in the US on this visa, they should continue to be employees of and salaried by the foreign company. The visa holder should also return to his/her regular employment with the foreign company after the project in the US has been completed. |
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| Generally, the visa will be issued for any period of up to 12 months (14 is normally the absolute maximum). |
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To obtain a B-1 in lieu of H-1B Visa each case must be well documented with supporting evidence proving that all legal requirements have been met. The relevant US Consulate or Embassy will then adjudicate the visa application. Dependents of the visa holder (spouses and children) cannot obtain dependent visas although they may be able to get B visas. |
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E-1 Visa- Trade in America : There are two types of E visas, E-1 Treaty Trader and E-2 Treaty Investor. The basis for the classifications lies in treaties of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between the US and certain countries that were entered into to enhance or facilitate economic and commercial interaction between the US and the relevant countries.
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| Person may be issued an E-1 visa if:
The individual or the company has the nationality of the treaty country
There is substantial trade - more than 50 percent of the company's trade - between the US and the treaty country. Trade involves the commercial exchange of goods or services in the international market place. The trade must be continuous and ongoing.
The individual must be entering the US solely to carry on the trade or as a key employee
The person is a dependent of an E investor or key employee
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| E visas may be issued for up to five years but is commonly issued for two years at a time. There is no limit on the number of extensions. These can be granted as long as eligibility continues and the relevant treaty remains in force. |
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To obtain an E-1/E-2 Visa each case must be well documented with supporting evidence proving that all legal requirements are met. For a list of treaty countries, please contact our office. The initial E application will normally be adjudicated by the relevant US Embassy or Consulate. Subsequent extensions are processed by a Citizenship and Immigration Services Service Center. Dependents of the E-1/E-2 holder (spouses and children) may also obtain E visas. E spouses may later apply for work authorization in the US. |
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| E-2 Visa - Investment in the USA : There are two types of E visas, E-1 Treaty Trader and E-2 Treaty Investor. The basis for the classifications lies in treaties of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between the US and certain countries that were entered into to enhance or facilitate economic and commercial interaction between the US and the relevant countries. |
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| A person may be issued an E-2 visa if:
The individual or the company has the nationality of the treaty country.
The individual or the company has made or is in the process of making a substantial investment in an enterprise in the US.
The individual must be coming to the US to solely to develop and direct the operations of the enterprise in which he or she has invested OR as a key employee of the enterprise.
The investment must have the capacity to generate more than enough income to provide minimal living for the investor (and his/her family) or the capacity to make a significant economic contribution.
The person is a dependent of an E investor or key employee. |
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| E visas may be issued for up to five years but is commonly issued for two years at a time. There is no limit on the number of extensions. These can be granted as long as eligibility continues and the relevant treaty remains in force. |
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| To obtain an E-1/E-2 Visa:Each case must be well documented with supporting evidence proving that all legal requirements are met. For a list of treaty countries, please contact our office. The initial E application will normally be adjudicated by the relevant US Embassy or Consulate. Subsequent extensions are processed by a Citizenship and Immigration Services Service Centre. Dependents of the E-1/E-2 holder (spouses and children) may also obtain E visas. E spouses may later apply for work authorization in the US. |
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Green Card Through Marriage : A bona fide marriage to a US Citizen may be the safest and sometimes also the quickest way to a US green card. For immigration purposes, spouses of US Citizens are considered to be in the so-called Immediate Relative category, which enjoys some advantages compared to other preference categories. In particular, there are pronounced procedural benefits where the US Citizen spouse is residing in the UK.
If you apply for a greencard/permanent residency prior to your 2 year wedding anniversary there will be conditions imposed on your greencard. This effectively means that the foreign national will not be granted a full greencard until after the conditions are removed and the marriage is still in existence and meets the criteria.
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| In general, the procedures will vary and can take longer than where both spouses are residing in the UK if:
1.The US Citizen spouse is living in the US and the non-US Citizen spouse is living in the UK, or
2.Both spouses are living in the US, or
3.The parties are engaged, but not yet married |
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| H-1B Visa - US Employer: New Employee : Generally, the H-1B visa is designed to enable US employers hire foreign workers in specialty occupations on a temporary basis. A specialty occupation is one that requires (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States of America.
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The potential employee must show that s/he is qualified for the specialty occupation and that his or her degree or work experience is equivalent to a US bachelor degree, and that this background is relevant to the US position. |
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| The H-1B visa can initially be issued for 3 years and be extended for another 3 years (total 6 years). Note that H-1B employees could potentially become US legal permanent residents (green card holders). |
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| Each H-1B case must be well documented with supporting evidence proving that all legal requirements are met. The employer's first step is to obtain an approved Labor Condition Application, which describes the position and the salary and also contains various attestations by the US employer. The employer then files a petition with the Citizenship and Immigration Services at one of the four regional Service Centers. Once this is approved, the next step is normally for the candidate to obtain an H-1B visa from the applicable US Consulate or Embassy. Dependents of the H-1B holder (spouses and children) may obtain H-4 visas that will allow them to stay in the US with the H-1B visa |
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| I Visa - Media Representative: Generally, representatives of the non-US media traveling on assignment to the United States require "I" classification visas. They are not eligible to travel visa free under the Visa Waiver Program or enter the United States on B-1 business visas. Those who attempt to do so may be denied admission to the United States by immigration authorities at the port of entry.
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| Definition of the term representative of the media includes, but is not limited to, members of the press, radio, or film whose activities are essential to the media function, such as reporters, film crews, editors and persons in similar occupations. It is important to note that only those whose activities are generally associated with journalism qualify for the I visa. People involved in associated activities such as proofreaders, librarians, set designers, etc. will require other visas. |
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What activities are allowed under the I visa?
While certain activities clearly qualify for I visa if they are informational in content, many do not and must be considered in the full context of their particular case. In making the determination as to whether or not an activity qualifies for the I visa it is important to consider whether the activity essentially informational, and if it is generally associated with the news gathering process. As a general rule, stories that report on events, including sports events, are essentially informational and are usually appropriate I visa activities.
Stories that involve contrived and staged events, even when unscripted, such as reality television shows, and quiz shows are not primarily informational and do not generally involve journalism. Similarly documentaries involving staged recreations with actors are also not considered informational. Members of the team working on such productions will not qualify for I visas. They will require the appropriate employment-based visas.
If the applicant will be working on a project for commercial or entertainment value, the appropriate employment-based visa will be required. |
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| Foreign journalists working for an overseas branch of a U.S. network, newspaper or other media outlet, are not precluded from applying for an I visa, provided they are coming to the United States solely to report on U.S. news events for a foreign audience and they will continue to be paid by the foreign based office. If the journalist is to replace or augment an American journalist reporting on events in the U.S. for a U.S. audience, then the appropriate employment-based visa will be required. |
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| The validity of the I visa will be determined by the Consulate or Embassy. Extensions in one year increments can be issued, and there is no limit on the number of extensions. The I visa can lead to a green card. |
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| To obtain the I Visa
each I case must be well documented with supporting evidence proving that all legal requirements are met.
Unlike many other employment based visas, the I visa can normally be obtained directly from the US Consulate or Embassy without first sending a separate petition to the US.
Dependents of the I holder (spouses and children) may normally obtain derivative visas.
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L-1 Visa - Intra Company Transfer :This category facilitates transfer of employees between two or more existing or related companies: One in the US and one overseas. This is also for transfers of employees between a non-US company and a planned US subsidiary.
Generally, the L-1 visa is designed for the transfer of certain employees between two or more related entities in the US and another country. It may also be suitable where a non-US company wants to establish a subsidiary or branch in the United States of America (New Office).
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| Only three types of employees may be transferred to the US on an L-1 visa: Executives, Managers and Specialized Knowledge Employees. The employee to be transferred must have worked in one or more of these capacities for the foreign company for at least one year out of the last three, and must be going to the US to work for the US company as an Executive, Manager or Specialized Knowledge Employee. |
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| Executives and Managers (L-1A) may remain in the US for up to seven years. Specialized Knowledge Employees (L-1B) may remain in the US for up to five years. Note that L-1 employees could potentially become US legal permanent residents (green card holders). However, for green card purposes there are marked procedural differences between the L-1A and the L-1B categories. |
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| To Obtain an L-1 Visa
each L-1 case must be well documented with supporting evidence proving that all legal requirements are met. The first step is to file a petition with the Citizenship and Immigration Services at one of the four regional Service Centers. The next step is normally to obtain an L-1 visa from the applicable US Consulate or Embassy. Dependents of the L-1 holder (spouses and children) may obtain L-2 visas. L-2 spouses may later apply for work authorization in the US. |
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| O-1 Visa - Extraordinary Ability : The O-1 visa can be particularly helpful to highly talented or acclaimed persons who may not want to use or do not qualify for other types of visas. The visa can be used for any field of endeavor in the United States of America.
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Proving extraordinary ability in science, education, business or athletics:
The applicant can submit evidence of receipt of a major international award such as the Nobel Prize, Olympic Gold Medal or at least 3 of the following:
Receipt of nationally or internationally recognized award
Membership in organization that requires outstanding achievement
Published materials about the applicant in professional or major trade publication
Judgment of the work of others
Original scientific or scholarly work of major significance in the applicant's field
Evidence of authorship of scholarly work
Evidence that he or she has been employed in a critical or essential capacity at an organization with a distinguished reputation
Has commanded or will command a high salary in relation to others in the field
Other comparable evidence
Proving extraordinary ability in the arts:
The applicant can submit evidence of nomination for or receipt of a significant international award or prize such as an Academy Award, Emmy, Grammy or Director's Guild Award OR at least 3 of the following:
Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts or endorsements
National/international recognition for achievements through critical reviews, other published materials by or about the applicant in major papers, trade journals/magazines
Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.
Has a record of major commercial or critically acclaimed success
Has achieved significant recognition from organizations, critics, government agencies, recognized experts
Has commanded or will command a high salary in relation to others in the field.
Other comparable evidence
Proving extraordinary achievement in motion picture or TV industry:
The same types of evidence as for the arts category, but the Citizenship and Immigration Service will weigh the evidence differently.
The final step is normally to obtain the O-1 visa from the applicable US Consulate or Embassy. Dependents of the O-1 holder (spouses and children) may normally obtain O-3 visas.
A separate O-2 classification exists for persons who are accompanying and assisting an O-1 artist or athlete in the artistic or athletic performance for a specific event or events. |
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| P-1 Visa - Athletes: Generally, the P-1 visa is suitable for individual or team athletes that are internationally recognised. This means a high level of achievement, evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned or well known in more than one country. The athlete must enter to US to participate in a competition, event or performance. This includes promotional appearances and can also include an entire season. |
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| R-1 Visa - Religious workers : The R-1 visa category is suitable for religious ministers and for persons working in a religious vocation or occupation. The person must be entering the US to work in one of these religious capacities.
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Disclaimer : The above information has been gathered through research and is aimed towards providing some guideline to candidates on immigration issues.The information should be further verified from official information centers of the respective country for updates and better clarity. |
