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 bachelors
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 individuals 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.