Renowned New York City law firm assists with meeting client U.S. visa requirements
Knowing the appropriate work visa to obtain is often a difficult determination. In some cases, a particular individual looking to work temporarily in the United States will be eligible for multiple types of visas, depending on the work visa requirements. Barst Mukamal & Kleiner LLP recommends referencing the list below as a starting point to determine whether you or your employee may be eligible for an H-1B visa in New York City or another type of work visa so we can assist with your immigration legal services.
If you know which type of visa you would like to obtain, or are unsure of your eligibility, contact Barst Mukamal & Kleiner LLP today for a consultation with one of our qualified New York City immigration lawyers about our immigration legal services. As a final note, always remember that obtaining a non-immigrant work visa does not disqualify you from later acquiring permanent residency — many employers opt for work visas initially, since the permanent residency process is lengthy and complex.
Choosing the Right Visa:
B-1: Temporary business visit
A B-1 visitor is required to retain a foreign residence and is only authorized to enter the United States for the temporary duration needed to complete a specified business task. The visitor must remain on a foreign payroll and this visa cannot be used as a means to enter the United States for domestic employment.
E-1: Treaty trader
This visa applies to treaty traders, who are permitted to enter the United States to conduct international trading between the United States and their home country. The trader must be a citizen of the trading country and the country must have the appropriate treaty with the United States.
E-2: Treaty investor
An E-2 visitor is a treaty investor, who is permitted to enter the United States on behalf of foreign investors to further a substantial investment in a U.S. enterprise. The foreign investors, which may be individuals or businesses, must be citizens of a treaty country.
E-3: Australian specialty occupation
An E-3 visa is a temporary visa available to Australian citizens entering the United States to work in a specialty occupation. To qualify as a “specialty occupation,” the Australian and U.S. governments have enumerated specific requirements (similar to an H-1B visitor).
F-1: Student visa
This visa permits a foreign individual to enter the United States and enroll as a full-time student.
H-1B: Specialty occupation
An H-1B visitor is authorized to enter the United States as a professional worker in a specialty occupation. A “specialty occupation” requires “the theoretical and practical application of a body of highly specialized knowledge,” typically the result of a higher education degree.
H-1B1: Chile/Singapore free trade
Similar to a TN visa, this visa is available to citizens of Chile and Singapore engaged in free trade with the United States under the North American Free Trade Agreement (NAFTA).
H-2B: Temporary/seasonal visa
Temporary or seasonal nonagricultural workers may enter the United States with an H-2B visa (seasonal agricultural workers are eligible for an H-2A visa).
H-3: Training visa
An H-3 visitor enters the United States to receive training for the benefit of a career in his or her country of origin.
J-1: Exchange visa
The J-1 visa is available for individuals seeking to enter the United States for a recognized cultural or educational exchange program.
L-1 Blanket: Intracompany transferee
An individual is eligible for an L-1 visa if he or she has worked abroad for a minimum period of twelve months within the last three years in an executive, managerial (see L-1A) or specialized knowledge (see L-1B) capacity.
L-1A: Executive/managerial transferee
This type of visa is for executives or managers meeting the L-1 visa requirements.
L-1B: Specialized knowledge transferee
This visa is for transferees possessing a specialized knowledge in their company’s products or processes in accordance with L-1 visa requirements.
L-2 – Spouse/child of intracompany transferee
This visa is for spouses and children of L-1 visa holders.
O-1: Extraordinary ability/achievement visa
The O-1 visa permits entry to the United States for individuals of extraordinary ability or achievement in the sciences, arts (including motion picture and television fields), education, business or athletics.
P-1: Internationally-recognized athlete/entertainer
Internationally-recognized athletes or entertainers may enter the United States with a P-1 visa.
TN-1: Canadian NAFTA visa
Under NAFTA, Canadian citizens may temporarily enter the U.S. to engage in business activities with a TN-1 visa. These activities are limited to the approved professions under NAFTA.
TN-2: Mexican NAFTA visa
Mexican citizens need a TN-2 visa to enter the United States under NAFTA regulations. Like the TN-1 visitor, the TN-2 visitor must have pre-arranged employment in an approved profession.
Schedule an appointment now with visa attorneys experienced in immigration legal services helping clients obtain a working visa for New York
If you are looking for exceptional immigration legal services and legal guidance in work visa eligibility and compliance, call 212-686-3838 or contact Barst Mukamal & Kleiner LLP online. All messages are returned within 24 hours, and our attorneys are fluent in several different languages.