L-1 Multi-National Transfer

This category is useful for the transfer of managers, executives or specialized knowledge employees who have been employed with an affiliate, parent, or subsidiary abroad for a minimum of twelve months within a 36-month period preceding the filing of the CIS petition.

 

H-1B Specialty Occupation

This category is reserved for the professional level employee. In determining if a prospective employee will qualify for an H-1B, it is essential to establish the minimum requirements for entry into the position, which must be closely related to the foreign worker’s university credentials. If the applicant has university training abroad, his/her degree must be evaluated for equivalency to the US university system. In some cases, a non-degreed person will qualify if he/she can demonstrate with credible evidence that he/she has achieved at least 12 years of relevant work experience. (3 years of work for each year of the 4 years of university education, known as the 3-to-1 rule). This must be supported with detailed letters from previous and current employers, and a resume. Other helpful evidence includes training certificates, and any proof of post high school education (transcripts, diplomas, etc.). The H-1B category has an annual limit that is usually oversubscribed early on in the US fiscal year; therefore it is essential to file the petition as early as possible once the position and prospective employee have been identified.

 

O-1 Extraordinary Ability

This category is reserved for that unique person(s) who has established a record of sustained accomplishment that can be demonstrated through extensive documentation. Such evidence includes the receipt of a national or international award, membership in a society or organization that requires excellence as a criteria for induction, copies of publication by or about the applicant, evidence that applicant has been the judge of others work, and any other probative evidence. The accomplishment must be nationally or internationally recognized.

 

E-1/E-2

Visa classification available only to those persons who are citizens of a country that has a treaty or a bilateral investment agreement with the United States. There are two types of E visa classification: The E-1 is for those enterprises that engage in international trade that is considered substantial. A minimum of 50% of the international trade must be between the US and the treaty country. Trade must be continuous and must demonstrate volume of trade. If this can be demonstrated, then even a new employee can be employed in the United States, so long as the position offered is a key position at the management level. The E-2 is for treaty investors who will invest a substantial amount into a new or existing enterprise. Although the regulations do not indicate a minimum investment amount, a minimum investment of US$125,000.00 will likely be approved.