H-1B

Specialty Occupation Professionals

An US employer must file petition for the professionals. A visa is approved for an initial period of up to three years. The maximum term of an H-1B visa is six years, including extensions. The holders cannot work for other employers without having other employers to file new petitions but they can adjust to other status. In the event that the employer terminates the employment of the alien professionals prior to expiration of the visa, the employer is responsible for providing return transportation of the alien professional to his or her last place of foreign residence. This is most commonly used work visa for these foreigners who have found a job in the US for the position that requires at least a Bachelor's degree. Contact Xielaw if you have a job offer from a US employer to get your case started.

H-2A

Temporary Agricultural Workers

Issued to aliens coming to the U.S. to perform agricultural work of a temporary or seasonal nature. The visa is granted for the validity of the labor certification, or for an initial period of up to one year, not exceeding three years. The holders can change status.

H-2B

Temporary Workers

Issued to other nonagricultural workers, like athletes or those in performing arts who have not yet achieved international reputation and skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available. he visa is granted for the validity of the labor certification, or for an initial period of up to one year, not exceeding three years. The holders can change status.

H-3

Trainees

Issued to trainees coming to the U.S. to receive training from an employer in any field other than graduate education or training. The visa may be valid for a period of up to two years. The holders can change status.

H-4

Family Members of H Visa Holders

They can stay as long as the H visa holders. The spouse and minor children cannot accept employment, but can change status.

I

Journalists

For journalists of foreign news media.

J-1

Exchange Visitors

For participants of exchange programs, including students, scholars, professors, researchers, and au pairs, etc. The visa is valid for the length of time the program requires, up to 18 months without no renewal. The holders are generally subject to two year residence unless a waiver is obtained. The holders can apply for work permit.

J-2

Family Members of J-1

Same restrictions as above. They can work for the purpose of supporting themselves, not to support the J-1 holders.

K-1

Fiance(e) of U.S. Citizens

Valid for 90 days. They must get married within 90 days and apply for permanent residence. The holders cannot apply for extension or change status.

K-2

Minor Children of Fiance(e)

The duration of stay depends on K-1 holder's visa.

L-1A

Int'l Company Transferees

Issued to an executive, manager with at least one year of previous foreign management experience with that foreign company. For a brand new company, the visa is valid for one year. For business that have already existed for a year or longer, the visa is valid for three year with a renewal of up to seven years for an executive or manager.

L-1B

Int'l Company Transferees

Issued to an employee with specialized knowledge with at least one year of previous foreign experience with that foreign company. The visa is valid for three years with two-year extension for a total of up to five years for an employee with specialized knowledge.

L-2

L Holder's Family Members

They have the same length of stay as L holders. They cannot accept employment in the U.S.

M-1

Nonacademic Students

Issued to those who temporarily study or receive training at a nonacademic institution. The visa is valid for the period necessary to complete the study, generally 18 months, and can be extended up to one year.

M-2

Family Members of M-1

Can stay as long as M-1 holders but cannot work in the U.S.

N

G-4's Relatives

Issued to some relatives of employees of international organizations, such as parents or children. The visa is valid for three years and can be extended for another three years.

O-1

Persons of Extraordinary Ability

Issued to aliens of extraordinary ability in the arts, athletics, sciences, education, business, or the motion pictures or television industry who are coming to the U.S. to perform temporary services relating to an event. The visa is valid for the period necessary to complete the event or activity, but may not exceed three years.

O-2

Accompanying Assistants to O-1 Holders

The restrictions on O-1 visa apply.

O-3

Family Members of O-1 and O-2

They may not seek employment in the U.S. while on an O-3 visa. They may change status.

P-1

Athlete or Recognized Entertainment Group

Issued to an alien who is coming to the U.S. to perform as an internationally recognized athlete or member of an internationally recognized athlete or entertainment group. For an individual, the visa may be granted initially for up to five years. Extensions may be granted for a total of stay not exceeding ten years. For an athletic team or entertainment group, the visa may be valid for the period of time necessary to complete the competition or event, but may be extended in one year increments.

P-2

Artists or Entertainers in Reciprocal Program

Issued to artists or entertainers who come to perform, individually or as a group, under a reciprocal exchange program between an organization in the U.S. and an organization in another country. The visa may be valid for the period necessary to complete the event, activity or performance and can be extended.

P-3

Artists or Entertainers in Culturally Unique Program

Issued to artists or entertainers who come to perform, individually or as a group, culturally unique program to further the understanding or development of the unique cultural form. The holders must be sponsored by educational, cultural or governmental organizations which promote international cultural activities and exchange. The duration of stay is same as P-2.

P-4

Family of P Visa Holders

The spouse and unmarried minor children are entitled to the same period of admission and restrictions as the principal holders. They cannot seek employment on P-4 visa.

Q-1

International Cultural Exchange Participants

The duration of stay cannot exceed 15 months.

Q-2

Family Members of Q-1

They are subject to the same restrictions as Q-1. They cannot seek employment.

R-1

Religious Workers

Issued to persons who have been full time religious workers for at least two years before applying and is coming temporarily to work for a nonprofit religious organization in the U.S. The visa is generally valid for three years with an extension in increments of up to two years.

R-2

Family Members of R-1

They are subject to the same period of stay as the principal R holders, and may not be employed in the U.S. on a R visa.

S-1

Informant in Criminal Investigation

The duration of stay will depend on the need of the investigation. The holder cannot change status.

S-2

Informant in Espionage Case

The duration of stay will depend on the need of the investigation. The holder cannot change status.

S-3

Family Members of S Holders

Same as above S holders

TN

North American Free Trade Agreement (NAFTA)

A visa issued, according to the North American Free Trade Agreement, to Canadian citizens and Mexican citizens. The terms of the visa are slightly different for the Mexican applicants from the Canadian applicants.

TD

Family Members of TN Holders

They are entitled to the same visa classification and the same length of stay as the TN holder, but they cannot accept employment.

Your employee has contacted this office for applying US permanent residence (green card) so that he/she can stay and work in this country permanently.   Because of his/her occupation, the employee's best option is to get the green card through your company's sponsorship.  I would like to take this opportunity to briefly explain the basic process of the green card application through labor certification and also explain our role in this process so that both you and your employee have a better understanding of the process.