Employment Based US Visas - Startup Business Bureau

Employment Based US Visas


We would like to introduce you to the United States visas that may be available for you or your foreign employees, and the process by which you obtain these visas so that you can live and work in the United States.

In general, our office can help you with these types of employment-based visas.

– The H-1B temporary work visa for professionals,

– The TN temporary work visa for Canadians/Mexicans

– The L-1 intra-company transferee work visa,

– The E-1/E-2 Treaty Trader/Treaty Investor visa, and

– Labor Certification/ Permanent Residence visas

– Work Authorization and Green Cards for Registered Nurses

H1B Visa qualification :

H-1B visas are available for foreign professionals to work in job positions in the United States which normally require the equivalent of a U.S. Baccalaureate degree, in a specific area of study. To quickly identify whether your potential hire qualifies for an H-1B1 visa, ask the following questions:

Is this a specialty occupation? Does the foreign employee have the equivalent of a U.S. Bachelor’s degree (4 years of college)?

Is the alien qualified for this position? Is the college degree in a subject directly related to the job position?

If you get negative answers to both questions, the potential employee probably does not qualify for an H-1B visa. H-1B visas are generally available for 3 years, and renewable up to 6 years total.

TN Visas :

TN Visas are available to Canadian or Mexican citizens who work in a job position listed on Schedule 2 of the North American Free Trade Agreement (NAFTA). The Canadian or Mexican individual must meet the requirements listed for the job position on Schedule 2 in order to obtain the TN. TN visas are obtainable for a period of up to one year but are renewable indefinitely under certain conditions.


Qualified Canadians coming to work with your company should be able to obtain the TN visa at the border crossing or airport. Companies wishing to obtain TN visas for Mexican citizens are required to file paperwork with the Immigration & Naturalization Service.

L-1 Visas :

L-1 visas are available for employees of multinational companies who transfer to the United States to temporarily continue employment for the same employer, a subsidiary, or affiliate in a capacity that is managerial, executive, or involves specialized knowledge. In order to qualify for the L-1 visa, an applicant must meet the following general requirements:

The applicant must have worked abroad for the foreign company in a managerial, executive, or specialized knowledge capacity for a continuous period of one year in the last three years

The U.S. Company must be the same company, a subsidiary, or an affiliate of the foreign company.

These companies must be doing business at the same time during the entire period of transfer

The applicant must be coming to work for the U.S. Company in a managerial, executive, or specialized knowledge capacity, for which the employee is qualified by education or experience

L-1 visas are available for up to three year periods, and renewable up to 7 years. L-1’s for managers and executives are also advantageous in that these employees may be eligible to file for “fast-track” permanent residence.

E Visas :

E visas are available for nationals of foreign countries who invest in the United States (the E-2 visa), or who conduct trade between their country of nationality and the United States (the E-1 visa). In order to qualify for the E visa, your country must have a treaty of commerce and navigation or a bilateral investment treaty with the United States.

E visas are initially granted for a one-year period and are renewable almost indefinitely.

Labor Certification and Employment-based Permanent Residence :

Most foreign employees, once they are in the United States, wish to obtain their permanent residence. For some of these foreign employees, such as professional nurses and physical therapists. For those foreign employees holding L-1A visas, the process of obtaining permanent residence is relatively straightforward, involving only the U.S. Immigration and Naturalization Service. For most foreign employees, however, employment-based permanent residence is obtained through a process by which we show several separate state and federal government agencies that there is a shortage of U.S. workers qualified, willing, and able to work in your foreign employee’s job position. This process is called “Labor Certification.”


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