Perry & Spitz-Perry
720 Fort Washington Avenue
Suite 4T
New York, NY 10040
(212) 737-0343  
Fax: (212) 737-0172
Skype Allison.Spitz

Contact me to set up a consultation at my Upper East Side location or by phone/Skype.

Nonimmigrant Employment Based Visas 

E-1 Treaty Trader Visa:

 

This is limited to foreign nationals of countries which have a treaty with the US. This visa is for businesses which are majority owned by the applicants country of origin and performing the qualifying trade between the US and the home country.  The applicant must be the owner or a “key” or executive employee and at least 50% of the company must be owned by nationals of your country of citizenship. This visa can be renewed indefinitely as long as the qualifications are maintained. This is an employer specific visa. Family members can be included in E-1 applications, and spouses are eligible for employment authorization in the US.

 

E-2 Treaty Investor Visa:

 

This is limited to foreign nationals of countries which have a treaty with the US. This visa is for businesses which are majority owned by the applicant's country of origin, the business must represent a substantial investment and the applicant must be the owner or a “key” or executive employee. This visa can be renewed indefinitely as long as the qualifications are maintained. This is an employer specific visa. Family members can be included in E-2 applications, and spouses are eligible for employment authorization in the US.

 

E-3 Australian Professionals:

 

This category is for Australian professionals performing services in a specialty occupation. Specialty occupation is defined as one which requires a US bachelor’s degree, or its equivalent, in order to successfully perform the duties of the position. A job offer is required and the wage must the higher of either the prevailing or the actual wage for the position. E-3 spouses are eligible to apply for employment once in the United States. E-3 visas are valid up to two years and are renewable indefinitely. This category is employer specific.

 

H-1B1 Free Trade Specialty Occupation Workers (The Chile Singapore Free Trade Agreement):

 

This category is for nationals of Chile and Singapore who are engaged in a specialty occupation. Specialty occupation is defined as one which requires a US bachelor’s degree or its equivalent in order to successfully perform the duties of the position. A job offer is required and the wage must the higher of either the prevailing or the actual wage for the position. An initial approval outside of the US may be granted for a period of up to 18 months. Requests for Changes of Status or Extensions in made in the US can be granted for periods of up to one year. The H-1B1 is renewable indefinitely with some limitations.

 

H-1B Specialty Occupation Employment Visa:

 

This category is for professionals (of any country) performing services in a specialty occupation. Specialty occupation is defined as one which requires a US bachelor’s degree or its equivalent in order to successfully perform the duties of the position. A job offer is required and the wage must the higher of either the prevailing or the actual wage for the position. H-1B visas are valid up to a total period of six years. This category is employer specific. Family members can be included in H-1 applications but are not eligible for employment authorization in the US.

 

H-2B Nonagricultural Workers:

 

This category is applicable for any alien who is coming temporarily to the United States to perform temporary services or labor, other than agricultural, if unemployed persons capable of performing such service or labor cannot be found in this country. The employment can be seasonal, during a peak period of production or business operations relate only to a specific project or assignment or involve training of U.S. workers to fill a particular job function.

 

H-3 Trainee Visa:

 

This category allows aliens to be admitted to the United States as temporary workers for the purpose of receiving training. The program must not be designed primarily to provide productive employment. The training must not be available in the alien’s home country and the training must benefit the alien in pursing employment outside of the Untied States.

 

J-1 Exchange Visitors:

 

This category is used predominantly by students, scholars, foreign medical graduates and some persons from business or industrial organizations coming to the United States to receive training.

 

L-1 Intracompany Transferees Visa:

 

This category allows managers, executives or those employees with “highly specialized knowledge” to transfer to the US. This category is limited to those employees who, within the three years immediately prior to the time of the application for admission to the US, have been employed continuously for one or more years for a foreign employer and are transferring to the US in order to continue to render his or her services to the same employer, or a subsidiary or affiliate of their employer. For managers and executives the length of stay is for up to 7 years and qualifications for the green card are similar.   There are special rules for transfers with highly specialized knowledge. Family members can be included in L-1 applications and spouses are eligible for employment authorization in the US.

 

O Visa for Extraordinary Ability Entertainers, Athletes and Others:

 

The O visa category is set aside for aliens of extraordinary ability in the sciences, arts, education, business, or athletes, certain aliens accompanying or assisting those aliens and their family members. Spouses are not eligible for employment authorization. This category is for aliens of outstanding extraordinary ability who have demonstrated “sustained national or international acclaim, with extensive documentation of their achievement in their field. They must be entering the US to work in their field, and they must prove that they have work commitments in the US.

 

P Visa for Entertainers and Athletes:

 

This category covers those entertainers and athletes who cannot qualify under the extraordinary ability standard for the O category.

 

TN Visa NAFTA Professionals:

 

This category is for Nationals of Canada and Mexico who are in a profession specifically listed under the North America Free Trade Agreement.