Weisel, Xides & Foerster - Call Us Today At 412-471-4128

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Contact Info

• Weisel, Xides & Foerster, LLP
• Suite 1508
• Law & Finance Building
• 429 Fourth Avenue
• Pittsburgh, PA 15219
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• Tel: 412-471-4128
• Fax: 412-471-4145
• Email: Send an Email

Practice Areas

Temporary Employment Based Visa Options

H1B Specialty Occupation Visa

The H1B visa is a non-immigrant visa category allowing U.S. employers to seek temporary employment from skilled foreigners who have the equivalent U.S. Bachelor's Degree education who will be temporarily employed in a "specialty occupation". The H1B visa requires the applicant to have at least a bachelor's degree or its equivalent. The number of H-1B specialty occupation visas issued per year is limited to 65,000 with an additional 20,000 for those with U.S. graduate degrees and there is no limit for universities and non-profit and government research laboratories.

The H1B visa is valid for a maximum period of six years at a time. After that time an alien must remain outside the United States or one year before s/he qualifies for another H1B visa. There are two exceptions for:

1. certain aliens working on Defense Department projects who may remain in H-1B visa status for 10
2. certain aliens have a filed labor certification or employment based immigrant petition that has been pending for 365 days

An H1B visa alien may change employers without affecting his status, but the new H-1B employer must file a new Form I-129 (aka H1B Change Employer Petition) for the alien before he or she begins working for the new employer. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also take a valid leave of absence without affecting his or her status. As long as the employer/employee relationship exists, the H1B visa will remain valid.

L1A/L1B Intra-Company Transferees

Intra-Company Transferees are essential executives, managers, or employees with specialized knowledge. L1 visas permit foreign companies with branches or affiliated offices in the United States to transfer needed employees to the United States. To qualify for an L1 visa, the foreign employer must demonstrate:

1. the employee is an executive or managerial position who perform an "essential function of the business" (L1A) or is employed in a position that requires specialized knowledge about the company's product, service, research, equipment, management or advanced knowledge or expertise in the company's procedures and processes (L1B);
2. the employee has been employed in the foreign office for at least one year during the three years prior to admission to the United States; and
3. the employee will assume comparable duties in the United States with the same employer, an affiliate, or subsidiary of the same employer.

The company should carefully consider whether to classify the employee as either an L1A or an L1B especially if the company, in the long-term, may sponsor the employee for permanent residence. The L1A visa is valid for up to seven years and the L1B is valid for up to five years. Spouses and unmarried children (under the age of 21) qualify for L2 visa status. Spouses with L2 visa status is eligible to apply for work authorization with USCIS.

E Treaty and Investor Visas

E-1 Treaty Trader Visa: Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:

1. Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
2. Principally between the United States and the foreign state of which the alien is a national.

E-2 Treaty Investor Visa: Aliens who are citizens of a nation that has signed a trade and investment with the U.S., who are coming to the United States:

1. solely to develop and direct the operations of an enterprise in which he/she has invested; or
2. solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or
3. as an employee who will perform services that require special qualifications essential to the operations of the treaty investor's enterprise, who has the same nationality as the treaty investor employer or the nationals owning at least 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
4. showing an intention to depart from the United States upon the termination of his or her status.

Complete list of E2 Treaty Countries.

O1 Outstanding Visa

The O-1 visa petition requires extraordinary ability in the arts, sciences, business, education, athletics, or the motion picture or television industry. You may prove your ability in the field by showing specific evidence of your qualifications and international recognition of your extraordinary ability and that you have received an internationally-recognized award, such as a Nobel Prize. You can also document at least three of the following:

1. Internationally or nationally recognized prizes or awards;
2. Published material about your work;
3. Membership in an association that requires members to have outstanding achievement;
4. Original scientific, scholarly, or business-related contributions of major significance in the field;
5. Authorship of scholarly articles published in any type of major media or professional journals;
6. High salary or any other type of compensation;
7. Participation on a panel, or as a judge for other people's works;
8. Evidence of past employment for organizations or establishments that have a high reputation.

O-1 visa cannot be self-petitioned. You require an employer to petition on your behalf. An O-1 visa may be granted for up to three years. O-1 visa status may be renewed in one year increments, or until the project is finished. Spouses and dependents are eligible for O-3 visa status upon showing their familial relationship.

TN Visa for Canadians and Mexicans (NAFTA)

The North American Free Trade Agreement (NAFTA) creates a special economic and trade relationships for the United States, Canada, and Mexico. The nonimmigrant NAFTA Professional TN Visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

Professionals of Canada or Mexico may work in the US under the following conditions:

• Applicant is a citizen of Canada or Mexico
• Profession is on the NAFTA list
• Position in the US requires a NAFTA professional
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job for a US employer
• Professional Canadian or Mexican citizen has the qualifications of the profession.

The TN Visa is valid for one year, renewable in one year increments. There is no limit on how many times you can renew your TN visa. However, each time you renew your TN visa the immigration officer may review whether you have an intent to permanent reside in the US. Spouses and children of TN visa holders are eligible for TD visa status. Spouses and children of the TN visa holder do not need to be citizens of Canada or Mexico to qualify for the TD visa status.

J1 Exchange Visitor/Trainee Visa

J visa students, researchers, and business or industrial trainees come to the US to participate in training programs authorized by the United States Information Agency (USIA). A company can even start its own J1 training program or use an organization that is already recognized for sponsoring training programs. The trainee can be engaged in any productive employment that gives him knowledge of specific company practices in the US or of US business practices in general. This visa is valid for a minimum of three months and for a maximum of 18 months. Note that a two year home residency requirement may be imposed by job type or funding source.

B1 Business/Visitor Visa

B1 visas are available for those businessmen who intend to temporarily visit the US to conduct business on behalf of their foreign employers. The B1 visa holders are limited on what business activity s/he can perform-i.e. negotiate contracts, sell products, develop business contracts, and attend conferences for the benefit of their foreign employer. The B1 visa holder must clearly perform services that benefit the foreign employer. The B1 visa holders cannot be employed in the US; cannot receive salaries or other compensation while in the US other than reimbursement for incidental expenses. The B1 visa holder is allowed to remain in the US for a 6 month period that can be extended for an additional 6 month period so long as circumstances require.

The Visa Waiver Program

Note certain businessmen from certain countries under the program who are only intended to temporarily visit the US for no more than 3 months (90 days) do not need to apply for a B1 visa at his or her Consulate. Rather s/he is eligible to immediately enter the US without a B1 visa.

Currently the following 27 countries are eligible for the Visa Waiver Program:

See http://travel.state.gov/visa/temp/without/without_1990.html for additional information on the Visa Waiver Program