Temporary (Non-Immigrant) Workers
IMMIGRATION AND NATIONALITY LAW
HSPRD attorneys have extensive experience representing businesses and institutions of all sizes as well as entrepreneurs and investors in securing nonimmigrant statuses which permit foreign nationals to be employed in the United States on a temporary basis. The most common options for obtaining a nonimmigrant status permitting the employment of foreign nationals in the United States include:
H-1B and H-1B1 Specialty Occupations
H-1B status is a nonimmigrant status allowing U.S. employers to employ foreign nationals on a temporary basis in a specialty occupation requiring at a minimum a bachelor’s degree in a particular field or its equivalent in education, training or experience. H-1B nonimmigrants typically work in highly skilled occupations such as engineers, software developers, accountants, physicians, professors and lawyers.
The H-1B1 is a variant of the H-1B for nationals of Singapore and Chile.
L-1 Intracompany Transferees
L-1 is a nonimmigrant status that allows for the transfer of certain executive and multinational managers and employees having “specialized knowledge” from outside of the United States to a related company in the U.S.
E-1/E-2 Treaty Investor/Treaty Traders
E-1 and E-2 nonimmigrant status allows individuals from treaty countries (countries with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the United States to enable them to be engaged in substantial trade with the United States or to invest in an enterprise in the United States.
TN Professionals for Citizens of Canada and Mexico
The North American Free Trade Agreement (“NAFTA”) created the TN professional classification to permit qualified Canadian and Mexican citizens to engage in certain business activities in the U.S. at a professional level. TN status is available only to Canadian and Mexican citizens coming to work as employees of a U.S. entity in one of the 63 occupations listed in the schedules to NAFTA. These occupations include engineers, computer systems analysts, teachers, physicians, lawyers, registered nurses, and physical therapists, among others.
F-1 Students may be permitted to work in the U.S. during their course of study or after their program ends. There are two primary types of employment authorization available to F-1 students: Curricular Practical Training (“CPT”) and Optional Practical Training (“OPT”).
J-1 Exchange Visitors and Waivers
The J-1 nonimmigrant category allows for foreign nationals to participate in certain work or study-based exchange visitor programs. It is commonly used by research scholars, international students, professors, researchers, participants in cultural exchange programs, and physicians obtaining medical training in the United States. J-1 students may be authorized to work for academic training purposes.
E-3 Employment Authorization for Australians
E-3 nonimmigrant status allows Australian nationals to enter the United States on a temporary basis to perform services in a “specialty occupation.” The E-3 status is similar in many respects to H-1B status. The spouses of E-3 visas may apply for employment authorization to allow them to work in the United States without restriction.
O-1 Extraordinary Ability Aliens, including Musicians, Fine Artists and Athletes
O-1 is a nonimmigrant status which enables individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or who have a record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements to be employed as nonimmigrants in the United States.
P-1A, P-1B, P-2 and P-3 Internationally recognized athletes, artists and entertainers
P-1A nonimmigrant status enables foreign nationals to come to the United States temporarily to perform at a specific athletic competition either individually, or as part of a group or team, at an internationally recognized level of performance. P-1B, P-2, and P-3 nonimmigrant status permits foreign nationals to come to the United States temporarily to perform as artists or entertainers.
R-1 Religious Workers
R-1 nonimmigrant status enables foreign nationals to be temporarily employed as a minister or in another religious vocation or occupation by certain religious organizations.
H-2A Temporary Agricultural Workers
H-2A nonimmigrant status permits U.S. employers to bring certain foreign nationals to the United States to perform agricultural jobs on a temporary basis.
H-2B Temporary Nonagricultural Workers
The H-2B nonimmigrant status allows qualified U.S. employers or agents to bring foreign nationals to the U.S. to fill nonagricultural jobs on a temporary basis.
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