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What is
an H-1B VISA?
H-1B visas are temporary work visas which
entitle the holder to work in the U.S.A. for a particular employer,
in a particular job, for a period of up to six years.
Who Qualifies For An H-1B VISA?
Professionals and Fashion models of "distinguished
merit and ability" qualify for the H-1B.
Principal Requirements:
The job must be either in a professional field
or employment as a fashion model.
Professional field or "specialty occupation" is one which requires
the theoretical and practical application of a body of highly specialized
knowledge to fully perform the occupation. The occupation requires
the completion of a specific course of education culminating in
a baccalaureate degree in a specific occupational specialty such
as architects, teachers, engineers, scientists, etc.
Fashion models are not required to meet the specialty occupation
requirements. Models must establish that they possess "distinguished
merit and ability," Examples are national or international renown,
etc.
The applicant must actually have the necessary educational requirements
for a particular specialty. Additionally, if a license is required
to practice the particular occupation, then the applicant must possess
the necessary license.
The job must actually require the services of someone who possesses
the credentials of a professional or fashion model. The INS may
scrutinize job offers if it appears that the employment offer is
made solely for immigration reasons.
The applicant MUST NOT have reached his or her six year limit of
stay in either the H-1B or the L-1 category. Example: Someone has
worked for company X in the L-1 category for three years and for
company Y in the H-1B category for another three years, then that
person cannot renew the H-1B visa to work for company Y or for any
other company, until he or she remains abroad for a one year period.
The employer must pay the applicant the prevailing wage in the area,
or the wage it pays other workers in its company, whichever is greater.
INTRACOMPANY TRANSFEREE – The L-1 VISA
What is an L-1 VISA?
The L-1 visa category is intended to facilitate
international business by permitting the transfer of non-U.S. managers
and specialized personnel into the U.S. by companies with multinational
operations.
Who Qualifies For An L-1 VISA?
There are two types of L-1 Visas:
L-1A visas are available for executives and managers. They
permit a maximum initial period of stay of up to three years, and
a total period of stay of up to seven years.
L-1B visas are available for "specialized knowledge personnel."
They permit a maximum initial period of stay of up to three years,
and a total period of stay of up to five years.
Principal Requirements:
The employee must have worked abroad in either
(1) a managerial or executive position, or (2) in a position performing
services entailing "specialized knowledge." (3) The employee must
be coming to work in the U.S. in one of these capacities.
The company for which the employee worked abroad must be the same
company for which the employee will be working for in the U.S. The
“company” requirement includes branch offices, subsidiaries and
affiliates.
The employee must have worked abroad for that particular company
for one continuous year within the three year period immediately
preceding the filing of the petition for the L-1 visa.
The employee must be qualified, in terms of education and experience,
for the position.
The employee must intend to leave the U.S. at the end of the authorized
period of stay.
The company in the U.S. and the related company abroad must continue
doing business in the U.S. and in one foreign country during the
entire period of the transfer.
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