"H-1A": For foreign nurses requiring attestation by the employer for each facility that there is a need for such employment at a particular worksite. The Secretary of the U.S. Department of Labor may waive this requirement at his/her discretion. The visa is granted for one year intervals and is renewable for up to five years.

"H-1B": For applicants coming to the United States to perform services in a specialty occupation and with respect to whom a labor condition application has been filed and approved. They have the right to be employed by an American company and to be remunerated in the United States.

A "specialty occupation" is one which requires theoretical and practical application of highly specialized skills as a minimum for entry into the occupation in the United States, such as: state licensure, bachelor's or higher degree in the specialty, or experience in the specialty equivalent to the completion of such a degree and recognition of expertise in the specialty through responsible positions related thereto. Over forty professionals are listed so as to be deemed "professionals", including: computer system analysts, engineers, accountants, dentists, college/university or seminar professors, scientists, architects, lawyers, nurses, medical, laboratory, or clinical technicians. Physicians are only eligible as H-1 candidates in the fields of clinical teaching or research but are allowed to practice, only as incidence of such teaching or research. This visa is typically granted in one to three year intervals with renewals permitted to a maximum of years.

"H-2A": For applicants coming temporarily to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

"H-2B": For applicants who are coming temporarily to the U.S. to perform other temporary nonagricultural services or labor.

An executive or manager of a foreign corporation or an individual who has specialized knowledge concerning a foreign corporation may qualify for the L-1 intra-corporate transfer visa. The visa allows an American subsidiary, branch, parent, affiliate or joint venture to require the services of an employee of the foreign company in order to help develop the existing or new American company. The visa is issued for one year to new U.S. companies; one to three years for already established companies and can be extended every year up to a maximum of seven years.

The advantages to this visa include a quick decision by the U.S. Immigration Service, usually within one to two months. Furthermore, if after one year of employment in the U.S. the person wishes to become a lawful permanent resident, he may apply without having to obtain a labor certification. The subsequent residency procedure can take up to three years.

One of the major drawbacks to obtaining the L-1 visa is that the foreign company must continue its operations in the foreign country. The company must have sufficient resources to continue operating outside the U.S. and keep its employees, offices, tax records, and all other ordinary expenses of an operating business. In addition, the holder of the visa, since he is considered a non-immigrant, is required to continue to pay taxes in his country of origin, even if he is remunerated from the American corporation. However, it is wise to consult an accountant who specializes in tax laws of both countries. In most circumstances, persons staying greater than 120 days in a given year may trigger U.S. tax consequences.

Once the L-1 visa is approved by the United States Citizenship and Immigration Service (USCIS), it is necessary to complete consular procedures where the beneficiary obtains the visa stamped onto his passport. Spouses and children of L-1 visa holders are granted L-2 visa classification which allows them to accompany the principal beneficiary to live in the United States and to attend school. Under the prior law a spouse was not able to work, however effective in 2002, with proof of a valid marriage a spouse can now obtain work authorization.

The North America Free Trade Agreement of 1993 allows "TN" (Trade NAFTA) visa classification to be issued to Mexican and Canadian nationals who have a ready sponsor and where the alien fits into a limited segment of designated professions which are deemed desirable in the U.S. These generally are university trained professionals or consultants. Schedule 2 of the U.S.-Canada Free Trade Agreement lists the professions which can qualify for this visa.

The TN visa is valid for one year, is secured at a U.S. border entry post and may be renewed annually. Thus, it is an excellent one year alternative which fills in a niche in the American labor market and allows Mexican and Canadian aliens to gain American experience and to deliver foreign know how.

Spouses and children of "TN" visa holders receive "TD" (Trade Dependent) visa status; there are no work benefits to spouse and children.

The "E" visa allows foreign citizens of designated countries to be eligible for the status of E visa as importer, exporter, or investor. Applicants may apply for either visa at any American consulate or embassy in the world, generally, however, in the applicant's last country of residence. The "E" visas are generally issued for periods of five years and can be renewed for another period of five years. Permanent residency through the use of the "E" visa is available only under narrow circumstances and should be analyzed carefully before proceeding. This visa classification can be broken down as follows:

i. "E-1" VISA: A business person will have to trade goods or services and be able to manage the company. At the present time, "E-1" visas are defined as the trading of goods and services such as: banking services, financial services, and within the airline industry. There are no restrictions as to the types of goods or services that are being traded. An individual can benefit from an E-1 nonimmigrant visa if:

a. He (or his company) are foreign nationals or a foreign corporate entity with at least 50% stock interest in a U.S. company;
b. He comes to the U.S. in order to transact multiple transactions (50% or more of gross volume of the U.S. company) between his home country and the U.S.;
c. He is involved in administrative operations or has specialized qualifications which are essential to the operations of the U.S. employer;
d. He leaves the U.S. upon the expiration of the visa;
e. The applicant is a Treaty Country national. Treaty countries for E-1 visas are:

In order to qualify for an E-2 investor visa, the investor must develop and manage the operations of a company in which he has invested or is in the process of investing a "substantial" amount of money. An E-2 visa can be issued if it has been ascertained by the U.S. Consulate that:

a. The applicant is a foreign national or that his U.S. company has 50% or more foreign shareholders;
b. The U.S. company in which he has invested, will invest, or has already invested a "sizeable" amount of money (generally greater than $100,000.00 of risk capital) in a real commercial business in the United States;
c. That person has been appointed to administer the company or possesses specific qualifications which are essential to the functioning of the company;
d. His investment is not the applicant's only source of income;
e. His investment is real or is imminently in the process of becoming a reality;
f. That person will leave the U.S. upon expiration of his visa (generally up to five years);
g. The applicant is a Treaty Country National; treaty countries are :

(E-2 ONLY)

E-1 and E-2:

Albania (12 months)
Armenia (3 months)
Azerbaijan
Bahrain Bangladesh (1 year)
Bulgaria (3 months)
Cameroon (1 year)
Congo (3 months)
Czech Republic (5 years)
Ecuador (3 months)
Egypt (3 months
Grenada (5 years)
Jamaica (5 years)
Kazakhstan (1 year)
Kyrgyzstan (3 months)
Lithuania
Moldova (3 months)
Mongolia (3 months)
Morocco (5 years)
Panama (5 years)
Poland (3 months)
Romania (5 years)
Senegal (1 year)
Slovak Republic (1 year)
Sri Lanka (1 year)
Trinidad & Tobago (1 year)
Tunisia (5 years)
Ukraine (3 months)

Argentina (5 years)
Australia (5 years)
Austria (5 years)
Belgium (5 years)
Bolivia
Bosnia & Herzegovina
Canada (5 years)
China (Taiwan) (5 years)
Colombia (5 years)
Costa Rica (5 years)
Croatia
Estonia
Ethiopia (6 months)
Finland (2 years)
France (5 years)
Germany (5 years)
Honduras (5 years)
Iran (3 months)
Ireland (5 years)
Italy (5 years)
Japan (5 years)
Jordan
Korea (5 years)
Latvia (5 years)
Liberia (3 years)
Luxembourg (5 years)
Macedonia
Mexico (12 months)
Netherlands (5 years)
Norway (5 years)
Oman (6 months)
Pakistan (5 years)
Paraguay (5 years)
Philippines (5 years)
Spain (5 years)
Suriname (5 years)
Sweden (2 years)
Switzerland (4 years)
Thailand (6 months)
Togo (5 years)
Turkey (5 years)
United Kingdom (5 years) Yugoslavia (1 year)

A multinational executive or manager is in a category of "priority workers" which receive preference in the employment category. You may cross-reference this section to the L-1 Visa category section above. An employee transferred from a foreign country to the U.S. must have been employed by an American subsidiary for at least one continuous year within the previous three years before applying for lawful permanent residency. Moreover, the American company must have been in business for at least one year. The alien executive or manager must intend to continue employment with the sponsoring employer.