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Work Visas

If you’re looking to work in the United States and are not a citizen, you’ll need a work visa.

However, you can’t just apply for one on your own—you need a U.S. employer to sponsor you. Different visas are available for various employment categories. JCL Immigration Attorneys, PLLC, can help you determine which one is right for you and complete the application process. Employment-based residencies require a Green Card, and there are also various categories of these.

Visit our Green Cards page to learn more.

Green Cards

work visa

H-1B Specialty Occupation Visa

The H-1B non-immigrant work visas are used to hire foreign national workers for “specialty” positions, meaning that the position must require at least a bachelor’s degree in a specific field.

General Details:

  • At least a bachelor’s degree or equivalent in a specialized field is required.
  • The requisite degree, a foreign equivalent, or equivalent training and experience is required.
  • Most foreign degrees must be translated and evaluated by a third-party educational evaluation service to ensure that they are equivalent to a U.S. degree.
  • The degree should have a direct relationship with the job offered.
  • Approximately 12 years of full-time related work experience is equivalent to a four-year bachelor’s degree.
  • This visa type is granted in three-year increments and is capped at six years. Some petitions for extension can be considered.

Many details are involved in an H-1B visa, so you need to consult with one of our Scottsdale Immigration Attorneys to learn more and get specific guidance.

H1-B1 Specialty Occupation Visa (Chile and Singapore)

The H-1B1 non-immigrant work visas are used to hire foreign national workers from Chile and Singapore
for “specialty” positions.

General Details:

  • At least a bachelor’s degree or equivalent in a specialized field is required.
  • The requisite degree, a foreign equivalent, or equivalent training and experience is required.
  • Most foreign degrees must be translated and evaluated by a third-party educational evaluation service to ensure that they are equivalent to a U.S. degree.
  • Approximately 12 years of full-time related work experience is equivalent to a four-year bachelor’s degree.
  • This visa is limited to 1,400 nationals of Chile and 5,400 nationals of Singapore.
  • This visa type is granted in two-year increments. Although there is no legal limit to the number of extensions allowed because this visa does not allow “dual intent,” staying on this visa after 6 or 7 years may draw unwanted attention from CBP or consular officers.

For more specifics about the H-1B1 visa for Chilean and Singapore nationals, consult with one of our Arizona Immigration Attorneys in a confidential consultation.

TN “Trade NAFTA” Work Visa (Canada and Mexico)

TN “Trade NAFTA” classification is available to qualified Canadian and Mexican citizens pursuant to the
North America Free Trade Agreement (NAFTA). Although NAFTA has been replaced by the U.S.-Mexico-
Canada Agreement (USMCA), the TN work status categories and requirements remain the same.

General Details:

  • This visa is granted in up to three-year increments.
  • There are currently no limits on extensions.
  • Individuals with TN visas must maintain an intent to return to their home country.
  • Applicants must be offered a temporary position in one of the professions listed in Appendix 1603.D.1 to Annex 1603 of the NAFTA.
  • Most of the listed TN professions require a minimum of a bachelor’s degree in the specialized
    field, and work experience equivalent to a degree is not consistently recognized.

There are many details concerning the accepted professions and educational requirements, so it is
recommended that you seek help from an experienced Work Immigration Attorney. Contact us for more guidance.

O-1 Work Visas for Individuals with Extraordinary Ability

An O-1 work visa is available for individual aliens who possess extraordinary abilities in the sciences, arts, education, business, or athletics who wish to work temporarily in the United States in these areas. Individuals may also possess a record of extraordinary achievement in the television and/or motion picture industries and wish to temporarily work in these areas while in the U.S.

General Details:

  • Processing an O-1 Work Visa application can take 4-5 months.
  • Two-year extensions may be granted but must be applied for during the last six months of a current visa period.
  • The individual must provide evidence of their extraordinary abilities in science, business, education, the arts, or athletics. This can be in the form of an internationally recognized award

    • in these areas, such as the Nobel Prize, Academy Award, Emmy Award, Grammy Award, or similar award.

  • The individual must provide at least three forms of documentation, which can include:
    • Documentation of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
    • Documentation of membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
    • Published material in professional or major trade publications or major media about the individual relating to the individual’s work in the field for which classification is sought.
    • Evidence of the individual’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought.
    • Evidence of the individual’s original scientific, scholarly, or business-related contributions of major significance in the field.
    • Evidence of the individual’s authorship of scholarly articles in the field, professional journals, or other major media.
    • Evidence that the individual has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
    • Evidence that the individual has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

An Arizona Work Immigration Lawyer from JCL Immigration Attorneys can help you obtain the necessary documentation and any required translations.

L-1 Intracompany Transferee Visa

Employees who have worked for a company outside the U.S. for at least one full year may be eligible for an L-1 Intracompany Transferee Visa if they are being transferred to a related company in the U.S. A related company includes subsidiaries, parent companies, or affiliate offices. The year of employment outside the U.S. must have been in a managerial or executive role or in a “specialized knowledge” role, which requires knowledge and experience in the company-specific technologies, systems, processes, procedures, and operations. The role in the U.S. must also be either a managerial or specialized knowledge role.

General Details:

  • Managers and executives are designated as L-1A.
  • Employees with specialized knowledge are classified as L-1B.
  • The company in the U.S. and outside of the U.S. must have a qualifying relationship.
  • The employee must have worked for the employer’s office outside of the U.S. for at least one year in the three years preceding the transfer to the U.S.
  • The employee is being transferred to the U.S. to assume a position that requires either specialized knowledge of the company or as a manager or executive.
  • Processing L-1 Work Visas can take from 4-6 months.
  • L-1 status extensions may be filed only during the six-month period before your current status expires. Extensions are generally granted in two-year increments, up to a maximum of five years for specialized knowledge employees (L-1B) and seven years for managers and executives (L-1A).

A Work Visa Immigration Attorney can help you with specifics for “specialized knowledge” classifications, “manager” or “executive” classifications, and other details for filing this application. Some companies may also qualify for “blanket” petitions to accelerate the process.

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Whether you are an employer or an individual trying to explore options to work and stay in the U.S., we welcome you to contact us.

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