When starting the application process, you must obtain a labor certification approval from the Department of Labor. Once you have received the certification approval, you must file a Form I-140 (Immigrant Petition for Alien Worker). There are temporary and permanent work visas.
Temporary Work Visa – An individual seeks employment in the U.S for a temporary period of time for a specific purpose. They are restrained by the activity of their visa.
Permanent Work Visa – An individual is authorized to live and work in the U.S permanently.
Labor certification, both for permanent and temporary positions, remains one of the most complex procedures in the field of immigration. A qualified immigration lawyer can provide valuable guidance and assistance through the process of foreign worker certification and immigration.
The H-1B visa allows U.S. companies to employ non-immigrant workers in specialty occupations for a specified period of time. “Specialty occupations” include those that require theoretical or technical expertise in fields such as architecture, engineering, mathematics, science, and medicine.
There is no restriction on the types of business that can sponsor an L1 visa – corporations (S, C, LLC etc.), partnerships, government-owned entities, non-profit, religious, or charitable organizations are all eligible. The sponsoring employer need not be U.S. owned or incorporated.
O & P Temporary Worker Visas
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 or a program that is culturally unique.