H-1B Visa (Specialty Occupations)
The H-1B visa is the most common temporary work visa. This visa requires a U.S. employer to sponsor the foreign national for a specialty occupation, that is, an occupation requiring at least a U.S. Bachelor’s degree or foreign equivalent to perform the job duties. There are three steps to obtaining H-1B visa status: (1) a Labor Condition Application (LCA) that is filed with the U.S. Department of Labor; (2) an H-1B visa petition that is filed with the U.S. Citizenship & Immigration Services; and (3) in some instances, an H-1B visa application that requires the employee to appear in person at a U.S. consulate outside the U.S. There is an annual limit or “cap” on the number of new foreign workers who can be granted H-1B visa status. Currently, the cap is set at 65,000. The annual limit does not apply to: (1) people who already have H-1B visa status and are seeking an extension of stay or a visa to allow them to travel; (2) people who already have H-1B visa status and are seeking to change employers; (3) physicians seeking H-1B visa status to work in a medically underserved area; and (4) people seeking to work for an institution of higher education or a related nonprofit entity, a nonprofit research organization, or a government research organization. H-1B visa status is initially granted for a period of three years. It can be extended for an additional three years for a total period of six years. Extensions of H-1B visa status beyond six years may be granted to employees who remain outside the U.S. for more than one year or who spend less than half their time in the U.S. Extensions beyond six years are also available to employees to have applied for permanent resident status before the end of their fifth year in H-1B visa status. The spouse and unmarried minor children (under 21) of an H-1B worker are admitted in H-4 visa status for the same duration of stay as the H-1B worker. They are not allowed to work in the U.S.

L-1 Visa (Intra-company Transferees)
L-1 visa status is available to those individuals who have continuously worked for a company abroad for at least one year within the three years prior to applying for L-1 visa status in a managerial or executive position (L-1A), or in a position requiring highly specialized knowledge of the company’s business (L-1B), and who will be working in the U.S. for the same company, or a U.S. subsidiary, affiliate or parent of the foreign employer. Generally, the U.S. company must sponsor the foreign worker by filing an L-1 visa petition with the U.S. Citizenship & Immigration Services (USCIS) and obtain USCIS approval before the employee can obtain an L-1 visa at a U.S. consulate abroad or change to L-1 visa status from another visa status. The maximum initial duration of L-1 visa status is three years, or one year if the sponsoring company in the U.S. has been doing business in the U.S. for less than one year at the time of filing the visa application. L-1 visa status may be extended for a maximum duration of five years for specialized knowledge employees (L-1B) and seven years for managers and executives (L-1A). The spouse and minor children (under 21) of an L-1 worker are admitted in L-2 status for the same duration of stay as the L-1 worker. A spouse in L-2 visa status may obtain work authorization in the U.S., however children in L-2 visa status are not authorized to work.

E-1 Visa (Treaty Investor)
The E-1 visa allows executives, managers, and other workers with highly specialized skills to enter the U.S. to work on investments in the U.S. The U.S. Company and the foreign national must have the same nationality. For example, a French citizen can only obtain an E-1 visa if he or she works for a company in the U.S. that is at least 50% French owned. A treaty must exist between that country and the U.S. that allows E-1 visas. To qualify for an E-1 visa, a citizen from a treaty country must be engaged in a substantial volume of trade that is principally (at least 51%) between the U.S. and the treaty country. Trade includes the sale of goods and services such as transportation, banking, advertising, accounting, technology and management consulting. E-1 visa holders are granted visas that are valid for five years and can be renewed indefinitely. The spouse and children of an E-1 visa holder are granted derivative E visa status. A spouse of an E-1 visa holder may apply for work authorization in the U.S., however children of an E-1 visa holder are not authorized to work.