Agricultural Workers – H-2A
H-2A Agricultural Workers
The H-2A program allows U.S. employers to bring foreign nationals from certain countries to the United States to fill temporary agricultural jobs. The employer must file H-2A petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary of seasonal and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.
Period of Stay
The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.
Families of H-2A Workers
An H-2A worker’s spouse and unmarried children under 21 years of age may apply for a H-4 nonimmigrant visa. The workers family is not eligible for employment in the United States while in H-4 status.
H-1B3 Fashion Model
In order to qualify for the H-1B3 visa, the position must require a fashion model of prominence. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
H-1B2 DOD Researcher and Development Project Worker
The requirement for this position is same as for H-1B1 visas but the beneficiary does not have to file a Labor Condition Application.
H1-B1 Specialty Occupations
As companies strive to maintain their competitive edge in an ever competitive world, they look to recruit the best talent to give them the edge, They recruit from both domestically and internationally. The H-1B visa allows the businesses with US presence to recruit foreign nationals to work in the United States in a variety of professions which include Information Technology, Medical and Scientific Research, Banking and Finance, Education and Manufacturing. In order for a job to qualify as a Specialty Occupation, its minimum requirement should be a Bachelors or higher degree. The H-1B applicant must meet one of the following criteria:
- must have a US Bachelor’s or higher degree from an accredited institution of Higher Education
- must have a foreign degree equivalent to a US Bachelor’s or higher degree
- must have an unrestricted state license, registration, or certification which allows them to practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- must have education, training, or progressively responsible experience in the specialty occupation that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through greater responsibilities in the positions directly related to the specialty occupation.
Business Immigration : E-3 Specialty Occupation from Australia
The E-3 visa is only available to the nationals of Australia who are entering the United States to work in a specialty occupation that requires knowledge in a professional field that requires a bachelor’s degree. The worker must have a job offer from an employer in the United States. If the worker holds a non-immigrant visa (and is in status) and is already in the United States, they can file for a Change of Status with the USCIS.
Period of Stay
The initial period of stay is for two years. This can be extended in increments of two years without limits on the number of extensions (except in some cases).
Family of E-3 Visa worker
The spouse and children (unmarried and under 21 years of age) of the E-3 visa worker can also apply for the E-3 Visa. The spouse of the E-3 visa holder can also apply for work authorization.
How can we help?
The Law Offices of Trupti N Patel & Associates, Business Immigration Attorneys, Boston have experience in obtaining E-Treaty Trader visas on behalf of their clients. If you are looking for an experienced Immigration Attorney to help you or your organization apply for an E-1 visa, please call us at (617) 367-6750.
Business Immigration: E-2 Treaty Investor Visa
The E-2 Trader Investor visa allows nationals of a country that maintains commercial and navigation treaties with the United States to enter and reside in the United States while making a significant investment of monetary value in the United States. The U.S. Department of State maintains a list of qualifying countries. Certain employees of the qualifying organization can also apply for the E-2 Treaty Investor Visa – see below.
E-2 Treaty Investor Eligibility
In order to qualify for the E-2 Treaty Investor Visa, the investor:
- Must be a citizen of the treaty nation
- Must have invested or actively involved in the process of investing a significant amount of money in a legal enterprise based in the United States with the aim of producing goods and/or services for profit. The objective of the investment is to generate profit, however, the investment must also be subject to losses.
- Must be looking to enter the United States for the purpose of developing and managing the enterprise. The investor must show that they have ownership of at least 50% of the business or that they have managerial control of the entity via other means.
- Must have the same citizenship as a Treaty Investor and be employed by the Treaty Investor.
- Must be employed in a Managerial capacity or must have special skills which make the essential part of the Treaty Investor’s operations.
- Must be an organization that is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.
The investment capital may not be marginal. That is to say that investment must be substantial and sufficient in either an existing or new entity being created to ensure the successful operation of the entity. A capital investment that does not have the capacity to generate enough income to support the treaty investor and their dependants may not be allowed unless the new entity shows that it can demonstrate a plan to generate sufficient income five years from the date that the E-2 visa was issued.
Period of Stay
A treaty Investor or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years before the initial period expires. There is no limit on the number of extensions a treaty investor can apply for.
Family of E-2 Treaty Investor
The family members of E-2 Treaty Investor or employees may also apply for dependent E-2 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and would be able to work without specific restrictions.
How can we help?
The Law Offices of Trupti N Patel & Associates – Business Immigration Attorneys, Boston – have experience in obtaining E-Treaty Investor visas on behalf of their clients. If you are looking for an experienced Immigration Attorney to help you or your organization apply for an E-2 visa, please call us at (617) 367-6750.
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