Date: Wed, 31 Dec 1997 21:09:24 GMT Server: Apache/1.2.0 Last-Modified: Wed, 04 Dec 1996 01:39:25 GMT ETag: "264339-10ea-32a4d64d" Content-Length: 4330 Accept-Ranges: bytes Connection: close Content-Type: text/html Tempvis

TEMPORARY WORK VISAS

Although there are a number of specialized categories that permit individuals from abroad to work in the United States, currently the primary categories for temporary employment in the U.S. are the following:


H-1 B TEMPORARY WORKER

This category is for individuals who are professionals coming to a permanent or temporary position with a U.S. employer that requires a professional level of education and experience. The United States Immigration and Naturalization Service (INS) defines a professional ("specialty") occupation as one requiring the attainment of at least a Bachelor's degree, or its equivalent, as the minimum for entry into the occupation. The equivalent may be a foreign degree that equates to a U.S. degree, or a combination of education and experience. Legislation pending in Congress may substantially change the availability of this category.

TN PROFESSIONALS UNDER NAFTA

Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican citizen professionals in designated professions may be admitted into the United States in "TN status" for one-year intervals to work in their professions.
There are substantial differences in the procedures to acquire TN status for Canadian and Mexican citizens.

H-2 B TEMPORARY WORKER

This is for persons coming to a temporary position in the United States , i.e.,one which has limited and not indefinite duration, and one for which no qualified U.S. workers are available, which is proven through a process of recruitment and determination by the U.S. Department of Labor.
This category is not widely used because of the difficulty in meeting its requirements.

O-1 PERSONS OF EXTRAORDINARY ABILITY

This category is for persons of "extraordinary ability" in the sciences, education or business. Extraordinary ability is defined as "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." INS regulations list certain types of evidence which may be submitted to prove this standard. One required submission is a written advisory opinion from a peer group, or from a person or labor organization with expertise in the field.

L-1 INTRACOMPANY TRANSFEREES

Where a company has related business entities in the United States and abroad, or will establish a related U.S. entity, certain foreign employees may be transferred to the United States to work. The relationship of the entities can be parent-subsidiary, common ownership (affiliation), same company (branch office), or certain joint ventures. The foreign employee must have been employed abroad for one of the past three years, and must have been employed in one of the following capacities: executive, managerial (line or functional), or one that involves specialized knowledge (product or processes and procedures). Finally, the employee must also work in one of these capacities while employed in the United States.

E-1/E-2 TREATY TRADERS-INVESTORS

Citizens of certain countries with which the United States has a treaty permitting the granting of a visa (or status) for

may be employed in the U.S. to direct the U.S. entity, manage or supervise its personnel, or provide certain skills.


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