
Employment-Based Visas
Employment Visas | Bankruptcy & Anti-Discrimination Attorneys
At Sakhia Law Group, we practice & serve the client’s legal needs in the areas of:
- Immigration
- Bankruptcy Proceedings & Adversary Proceedings
- Discrimination & Civil Rights Violations in Workplace and elsewhere
- Business Franchise Matters for parties involved at either end of the transaction.
US CIS provides the following general information on employment-based non-immigrant visas:
Temporary (Nonimmigrant) Workers :
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Federal U.S. Tax Information:
Aliens employed in the U.S. may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.
Nonimmigrant Classification for a Temporary Worker | Description | Nonimmigrant Classification for Dependent Spouses and Children of a Temporary Worker |
---|---|---|
CW-1 | CNMI-Only transitional worker | CW-2 |
E-1 | Treaty traders and qualified employees. | E-13 |
E-2 | Treaty investors and qualified employees. | E-23 |
E-2C | Long-term foreign investors in the CNMI | E-2C |
E-3 | Certain “specialty occupation” professionals from Australia. | E-33 |
H-1B | Workers in a specialty occupation and the following sub-classifications:
|
H-4 |
H-1C2 | Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor. | H-4 |
H-2A | Temporary or seasonal agricultural workers. | H-4 |
H-2B | Temporary non-agricultural workers. | H-4 |
H-3 | Trainees are other than medical or academic. This classification also applies to practical training in the education of handicapped children. | H-4 |
I | Representatives of foreign press, radio, film, or other foreign information media. | I |
L-1A | Intracompany transferees in managerial or executive positions. | L-23 |
L-1B | Intracompany transferees in positions utilizing specialized knowledge. | L-23 |
O-1 | Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production. | O-3 |
O-2 | Persons accompanying solely to assist an O-1 nonimmigrant. | O-3 |
P-1A | Internationally recognized athletes. | P-4 |
P-1B | Internationally recognized entertainers or members of internationally recognized entertainment groups. | P-4 |
P-2 | Individual performers or part of a group entering to perform under a reciprocal exchange program. | P-4 |
P-3 | Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique. | P-4 |
Q-1 |
Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country. |
Not Applicable4 |
R-1 | Religious workers. | R-2 |
TN | North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada. | TD |
1 Only a few nonimmigrant classifications allow you to obtain permission to work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3, and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.
2 The H-1C nonimmigrant classification expired on Dec. 20, 2009.
3 E and L-dependent spouses may apply for employment authorization.
4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.