The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number of H-1B visas that are issued each year: 180,440 new and initial H-1B visas were issued in 2017. Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry as a matter of law.
TN status or TN visa is a special non-immigrant status in the United States, Canada, and Mexico that offers expedited work authorization to a citizen of these countries. It bears a similarity, in some ways, to the US H-1B visa, but also has many unique features. Within the TN set of occupations, a United States, Canadian, or Mexican citizen can work in one of the other two countries for up to three years. The permit may be renewed indefinitely.
The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.
The V visa is a temporary visa available to spouses and minor children of U.S. lawful permanent residents. It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity Act of 2000. The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to spouses and minor children of LPRs who have applied after December 21, 2000.
An H-2A visa allows a foreign national entry into the United States for temporary or seasonal agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
The visa policy of the United States deals with the requirements which a foreign national wishing to enter the United States must meet to obtain a visa, which is a permit to travel to, enter, and remain in the United States. Visitors to the United States must obtain a visa from one of the United States diplomatic missions unless they come from one of the visa-exempt countries or Visa Waiver Program countries. The same rules apply to Puerto Rico and the United States Virgin Islands while different rules apply to Guam, Northern Mariana Islands and American Samoa.
An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members of the H-1B visa holders.
The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. The E2 visa is good for three months to five years and can be extended indefinitely. The investment must be "substantial." Investor visas are available only to citizens of certain countries. E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign citizens seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined together and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Citizens of certain countries do not usually need to obtain a visa for these purposes.
The H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
The American Competitiveness and Workforce Improvement Act (ACWIA) was an act passed by the government of the United States on October 21, 1998, pertaining to high-skilled immigration to the United States, particularly immigration through the H-1B visa, and helping improving the capabilities of the domestic workforce in the United States to reduce the need for foreign labor.
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000.
The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by the nursing shortage.
The Q-1 visa is a non-immigrant visa which allows travel to United States to participate in a cultural exchange program. The purpose of the program is to allow for practical training and employment, and the sharing of history, culture, and traditions.
The CW-1 visa is a non-immigrant visa which allows travel to United States for temporary workers to be employed in the Commonwealth of the Northern Mariana Islands (CNMI).
