Professional Visas

There are a number of visa types available to individuals in this category - 

The H and O visa are available in the non immigrant category

We offer exceptionally fast turnaround for filing these visa application. We are aware of the H-1B visa cap and routinely file these applications in a matter of two to four  days instead of weeks.

Non Immigrant Professional Visa: H and O
H-1B Temporary Worker Visa - This is a very common visa for persons with specialty occupations such as skilled professionals. There is a limited number of visas available every year and very specific guidelines as to who is eligible.

• What does the Employer do?
  * Qualify as an U.S. Employer - The employer must have an U.S. taxpayer identification number. Foreign businesses not established in the U.S. cannot use this visa to bring employees here.
  * Obtain an approved Labor Condition Application. - The employer must prepare and file a Labor Condition Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form, which must be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.
  * Once the LCA is approved, the employer files a petition with the Immigration and Naturalization Service. The employer must document that the position requires the services of a person in a “specialty occupation”. This means a person who is working in a professional position and who has a minimum of bachelor’s degree or its equivalent.
  
  What Are the Employer’s Liabilities?
  Completing the LCA is just the beginning. The employer must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees. Upon request, these records must be provided to DOL’s wage and Hour Division.
  If an employer does not document the wage, pay the required wage or maintain the required records, the employer could be liable for substantial penalties including back pay and fines of up to $1,000. The employer could even lose the right to apply for H-1B visas as well as all other immigrant and nonimmigrant visas for up to one year.
  If the employer terminates the services of the employee prior to the expiration of the H-1B visa, the employer is responsible for paying the employee’s return transportation to his or her last foreign residence.
• What Does the Employee Do?
  * The employee must prove that he or she is qualified for the specialty occupation and the specific job offered by the employer. The employee must be able to show that his or her foreign university degree is the equivalent to an U.S. degree by obtaining credentials evaluation of his or her education.
  * If the worker is in the U.S. and currently holds a valid nonimmigrant visa status, he or she may apply in the U.S. for the H-1B visa. For example, if he or she is in lawful student status (F-1) the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the U.S. for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at an U.S. Consulate. Workers not in lawful status in the U.S. or those residing abroad, apply for an H-1B visa at an U.S. Consulate.
  
  How Long Can the H-1B Employee Remain in the U.S.?
  The H-1B is a temporary visa with specific limitations on periods of stay in the United States. The initial petition may be approved for up to three years. After the initial period three or more years are available.
  The employer must update or re-file the LCA and must file H-1B petition extensions. After six years, the worker must spend one year outside the United States before he or she is entitled to have another H-1B visa. Many workers on H-1B visas obtain permanent resident visas (the “Green Card”) during their initial stays in the U.S.
  The H-1B employee’s spouse and unmarried children under 21 years old may be granted an H-4 visa. An H-4 visa holder is not permitted to work in the United States. They may, however, attend school.
  The H-1B nonimmigrant visa may be used to bring a worker temporarily to the United States if the employee will work in a “specialty occupation” or a professional position. The Immigration Act of 1990 made significant changes in the employer’s obligations with respect to obtaining the H-1B visa; the forms used to apply for the visa; and the application procedures. Be sure to consult with an attorney experienced in immigration matters to be certain that this is the appropriate visa category for your purposes.
  

O: Extraordinary ability aliens in sciences, arts, business, athletics, or education, and support personnel

The O nonimmigrant visa category enables foreign nationals who have demonstrated extraordinary ability or extraordinary achievement in a variety of fields, or those who have critical skills and experience with such an individual, to obtain a temporary working visa.
The P nonimmigrant visa is available to foreign entertainment groups, athletes or entertainers who wish to enter the United States temporarily to perform under a reciprocal exchange program that is culturally unique.
Be sure to consult with an attorney experienced in immigration matters to see if either of these visas are appropriate for your situation.

Who Qualifies for an O Visa?
Foreign Nationals May be Issued an O Visa if:
* The individual has demonstrated extraordinary ability in the sciences, arts, education, business, or athletics or extraordinary achievement in the fields of film or television, proven by sustained national or international acclaim or receipt of internationally recognized awards. The individual wishes to enter the U.S. temporarily to work in his or her areas of expertise.
* The individual has the critical skills and experience necessary to assist in the artistic or athletic performances of an O visa holder for a specific event(s), and is an integral part of the actual performance. * The individual is a spouse or a child of an O visa holder, and is entering the U.S. to accompany or join the principal.

What Must the Employer Do?
* An U.S. company or an authorized U.S. agent may file petitions for O visas with the Immigration Regional Service Center having jurisdiction over the place of intended employment.
* A foreign employer may file a petition only through an U.S. agent.
* Authorized U.S. agents are those who usually arrange short-term employment on behalf of self-employed individuals.
* The petitions must be filed with accompanying documentation to prove that the individual is qualified for the visa.

In most cases, the employer must also obtain a consultation from an appropriate union or peer group (and management organization for motion picture and television cases) regarding the nature of the work to be done and the qualifications of the foreign national. P visas may be granted for the period of time required to complete the competition or event for which the individual or group has been admitted, but not to exceed one year. Extensions of stay may be approved for individual athletes and their essential support personnel for up to five years but no longer than ten years. Athletic team, entertainment groups, and individuals in reciprocal exchange programs or culturally unique programs may be granted extensions in increments of one year.

How Long Can the Employee Stay in the U.S.?
An O petition may be granted for the period of time required to accomplish the event(s) or activities stated in the petition, but may not exceed three (3) years. Further extensions are available.