Anyone going to the United States with the intention of working there temporarily must obtain a nonimmigrant work visa.

  • If you are going to the United States with the intention of working there temporarily in specific prearranged employment, the appropriate visa classification is the H Visa.
  • If you are being transferred by a present employer to a branch of the same firm in the United States, you require a classification L Visa.

In either case, the employment must be approved in advance by the office of the the United States government.

H-1B visa (specialty occupation) is required by an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the applicant requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being applied for. It is the responsibility of the U.S. government's immigration service to determine whether the employment constitutes a "specialty occupation" and whether the applicant is qualified to perform the services. Before filing the petition, the employer is required file a "labor condition application" with the Department of Labor concerning the terms and conditions of the contract of employment.

H-2B visa (skilled and unskilled worker) is required by an employee who is coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers: that process is called Labor Certification.

H-3 (trainee) is required by a trainee who is coming to the United States to receive training from an employer other than graduate education. The training cannot be used to provide productive employment and cannot be available in the individual’s home country.

L-1 Visa (intracompany transferee) is required by an employee of an international company who is being transferred to a parent, branch, affiliate or subsidiary in the United States. To qualify, the alien must be at the managerial or executive level. An L-1 visa is also the appropriate visa classification for an employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States.

-- Article courtesy of RapidImmigration.com.

For additional information on Exchange Visas or any other kind of visas, please visit the LegalMatch web site.

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