A H-1B visa is designated for individuals working in a specialty occupation that requires a specific skill set and background of specialized knowledge. While there is no set “specialty occupation” list, occupations commonly fall into health care, biotechnology, human resources, education, engineering, computer sciences, management, medicine, etc.

• The initial stay is up to three years.
• The total stay is six years.

To qualify, the individual must have completed a four-year bachelor’s degree in a field of study related to the position.

Additionally, here are more H-1B visa requirements:
• Industry standard education requirements for the position must include a bachelor’s degree.
• If the degree was obtained overseas or is not a four-year bachelor’s degree, an education evaluation must be completed.
• The salary for the position must meet minimum prevailing wage requirements.
• If the position requires the employee to work off-site, additional proof of employment may be needed.

First-time H-1B visa petitions are entered into the H-1B lottery, which begins April 1. This is referred to as H-1B cap season. Petitions will be randomly selected from the pool, and the number of visas processed are capped each year: 65,000 for individuals with a bachelor’s degree and an additional 20,000 for people with a master’s degree or above.

If the H-1B visa petition is accepted for processing and approved, your new employee can begin working October 1.

Note: H-1B visa petitioners employed at an institution of higher education or at certain nonprofit organizations are exempt from the cap.

Application filing fee: $460 to $2,460 (excludes additional fees imparted on companies that rely heavily on H-1B sponsorship).

Premium processing: Employers can pay the $1,225 premium processing fee, and USCIS will guarantee the H-1B application is processed within 15 calendar days.

Extensions of up to three years granted.

Employees may be accompanied by their spouses and unmarried children younger than 21 years of age with an H-4 nonimmigrant dependent classification. Some spouses can receive work authorization once the H-1B holder has reached a certain point in the green card application process. Dependents are allowed to study while in H-4 status.

H-1B visas are dual intent, meaning expats may easily be sponsored for permanent residency. H-1B holders should begin the green card application process no later than two years prior to their six-year max-out date to avoid losing work authorization.

Citizens of Chile and Singapore are eligible for this Free Trade Agreement professional work visa. The job must involve specialty work that requires at least a bachelor’s degree, plus four years of study in the field.

• The initial stay is up to 18 months.
• The total stay varies.

Qualifying candidates must be filling a “specialty occupation” role, meaning it requires a specific skill set and background of specialized knowledge.

While there is no set “specialty occupation” list, they often fall into a few categories. Examples include: engineering, mathematics, physical sciences, computer sciences, medicine, health care, education, biotechnology, management, human resources, etc.

Candidates must also hold a bachelor’s degree (or foreign equivalent) in a major related to the U.S.-based position they are pursuing, or possess equivalent work experience.

Note: The application process isn’t petition-based. The employee may apply directly at the U.S. embassy or consulate in Singapore or Chile. No filing is necessary in the United States.

Consulate application filing fee: $190.

USCIS application filing fee: $460, if applying through USCIS to extend the foreign national’s current stay in H-1B1 status or to change employers without leaving the United States.

Premium processing: This expedited application processing feature is not available for H-1B1 visas.

Unlimited extensions permitted 18 months at a time.

Employees may be accompanied by their spouses and unmarried children younger than 21 years with an H-4 nonimmigrant dependent classification. Dependents are allowed to study while in H-4 status but are not eligible for work authorization.

The H-3 visa allows you to sponsor individuals coming to the United States for training. Additionally, under this classification you may sponsor a special education exchange visitor who is coming to the United States to train specifically in special education.

• For trainees, the training can be in any field that’s not offered in the person’s home country, except graduate medical education or training.
• For special education exchange visitors, the training will allow him or her to develop practical experience educating children with physical, mental or emotional disabilities.

Total stay: Up to two years for a trainee and up to 18 months for a special education exchange visitor.

To qualify for the H-3 visa classification, the U.S. employer must prove:
• The training isn’t available in the person’s native country.
• The training will benefit the expat’s career, which he or she will pursue outside the United States.
• The expat won’t work in a position that is part of the normal operation of your company or one that can be easily filled by U.S. citizens.
• The individual’s work isn’t considered productive employment, unless the work is required by the training.

In order to prove that your open position and the trainee qualifies for the H-3 visa, a statement must be included with the petition that feature the points below:
• A description of the training and the type of supervision provided to the individual.
• The time commitment split between in-classroom instruction and on-the-job training.
• A description of the career that the person will be pursuing after the training is complete.
• An explanation of why the training isn’t available in the person’s home country.

For the special education exchange visitor:
There is a cap (50) on the number of special exchange visitor visas granted each year.

The visa petition must be filed by an organization that has professionally trained staffed and a standardized program for providing education and hands-on experience to children with disabilities.

For example: The petition should include a description of the training received, the facility’s staff and the visitor participating in the program. Additionally, the petition must prove the special exchange visitor is nearing completion of a bachelor’s degree (or higher) in education or already has a degree in the field. The person must already have extensive prior training of teaching children with disabilities.

Government form filing fee: $460

Extensions aren’t permitted for the H-3 visa.

Trainees' spouses and unmarried children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.

1. Workers of extraordinary ability
Defined as those with extraordinary expertise in the sciences, arts, education, business or athletics.
- The individual must be nationally or internationally known for their achievements.

2. Outstanding university professors or researchers, such as:
- Higher learning educators held in high esteem in the international academic community for their achievements.
- Accomplished researchers in private companies that employ at least three full-time researchers.

3. Executives or managers of multinational companies

Indefinite, yet the physical green card must be renewed every 10 years.

1. Workers of extraordinary ability (EB-1A category) are defined as those with specific expertise in the sciences, arts, education, business or athletics.
Requirements: Documentation of at least three notable, public achievements and recognitions that demonstrate sustained national or international acclaim as an industry leader.

2. Outstanding university professors or researchers may qualify for an EB-1B green card if they are held in high esteem in the international academic community for their achievements.
Requirements: Proof of a major one-time achievement, such as receiving a Pulitzer Prize, Academy Award, Olympic medal, etc.
Additional requirements:
• Three years of experience in teaching or research in a specific academic area.
• An offer of employment from a college or university, in a position that offers tenure or a track to tenure.
• At least two qualifying examples of documented achievement.

3. Executives or managers of multinational companies being transferred to jobs in the United States may be eligible under the EB-1C category if they meet the guidelines below.
Requirements:
• Worked for a multinational company outside of the United States for at least one of the three years preceding submission of an EB-1 green card petition.
• Previously worked in a managerial or executive role.
• The U.S. employer can prove it has been in business for at least one year, and must provide evidence of the expat’s professional experience level.

Application filing fee: $1,925

Premium processing: Expedited application processing is only available for the extraordinary ability and outstanding researcher EB-1 green card category. It’s not available for EB-1 multinational manager or executives.

Individuals may concurrently file green card applications for their spouse and minor children along with their green card application. While the green card applications are pending, any dependent may apply for work and travel authorization.

Qualified applicants include:

1. Professionals who hold advanced degrees.
2. Expats with exceptional ability in the sciences, arts or business.
3. Professionals whose work benefits the national interest of the United States.

Indefinite, yet the physical green card must be renewed every 10 years.

1. Professionals Holding Advanced Degrees

The professional must have earned an advanced academic degree or equivalent to qualify.

Additional requirements:
• The job being filled must normally call for a worker with specific higher education.
• Foreign nationals must provide official academic records or diplomas.
• Equivalent work experience requires evidence of an undergraduate degree, as well as letters from current (or former) employers showing at least five years of progressive work experience in a specific specialty or field.

2. Foreign Nationals with Exceptional Ability in the Sciences, Arts or Business

Professions include: lawyers, doctors, physicists, economists, analysts, professional athletes, artists and opera singers.

Requirements: Evidence of three qualifying criteria must be shown, such as:
• Evidence of extensive higher education.
• Letters of recommendation from renowned peers in the field.
• Membership in a respected and related professional association.

3. Professionals Whose Work Benefits the National Interest of the United States

Professionals with exceptional ability, and whose employment in the United States has a profoundly positive national impact, may be eligible for a National Interest Waiver. Note: Applying for a National Interest Waiver does not require the PERM process nor a formal job offer.

Requirements:
• Must provide evidence that work will have a positive impact on the United States, and benefit one of the following:
o The U.S. economy
o Wages and working conditions of U.S. workers
o Education and training programs for U.S. children and under-qualified workers
o Health care
o Affordable housing for young or older, less-affluent U.S. residents
o The U.S. environment (by efficiently using national resources)
o International cultural understanding, or the worker must be requested by a U.S. governmental agency

• Must meet at least three specific criteria to be eligible, such as documented proof of professional certification or a letter displaying 10 years of work experience in the field

The PERM (Program Electronic Review Management) Labor Certification process protects skilled U.S. workers from displacement by less-skilled foreign workers. Companies must prove they took reasonable measures to fill an open position with a U.S.-based worker.

This multi-step process typically takes 10 to 12 months and is required for both EB-2 and EB-3 green cards. PERM certification must be completed prior to filing for a green card, so it’s recommended that HR professionals thoroughly understand what’s involved to avoid delays.

The PERM process consists of two parts:
Recruitment: This step involves obtaining a prevailing wage determination from the Department of Labor, posting a series of job ads and reviewing candidates’ qualifications.

Filing: This step requires the employer to produce information related to the job (duties, location, prevailing wage, etc.), recruitment process details and information about the applicant’s ability to fill the role.

Consulate application filing fee: $1,925.

Premium processing: This service is available for one stage of the EB-2 green card application process, filing Form I-140 Immigrant Petition for Alien Worker. However, it’s not available for other portions of the application, including the PERM Labor Certification process.

Unlimited extensions permitted 18 months at a time.

Individuals may concurrently file the green card applications for their spouse and minor children along with their green card application. While the green card applications are pending, any dependent may apply for work and travel authorization.

1. Professionals with a bachelor’s degree (or foreign equivalent) that will fill a role requiring a college degree. Examples include teachers, architects and engineers.

2. Skilled workers with at least two years of training or work experience, who may or may not hold a college degree.

3. Other or unskilled workers who will be filling a job that requires less than two years of training or experience. Examples include nannies, housekeepers, groundskeepers and nurse’s aides.

Indefinite, yet the physical green card must be renewed every 10 years.

1. Professionals
• You must be able to prove the applicant has a U.S. bachelor’s degree (or foreign equivalent). Additionally, it must be proven that the bachelor’s degree is the normal, entry-level requirement for the position.
• There must be no qualified U.S. workers available to fill the green card role.
• You or the employee may not substitute years of on-the-job experience or education for a formal bachelor’s degree.

2. Skilled Workers
If you’re sponsoring someone under the skilled worker designation, you must be able to prove they have at least two years of job experience or training, and they will perform work that there are no qualified U.S. citizens available for.

3. Unskilled or Other Workers
For this subcategory, the applicant must be able to perform unskilled labor (defined as requiring less than two years of training or experience) for a role that does not have U.S. citizens available to perform.

The PERM (Program Electronic Review Management) Labor Certification process protects skilled U.S. workers from displacement by less-skilled foreign workers. Companies must prove they took reasonable measures to fill an open position with a U.S.-based worker.

This multi-step process typically takes 10 to 12 months and is required for both EB-2 and EB-3 green cards. PERM certification must be completed prior to filing for a green card, so it’s recommended that HR professionals thoroughly understand what’s involved to avoid delays.

The PERM process consists of two parts:
1. Recruitment: This step involves obtaining a prevailing wage determination from the Department of Labor, posting a series of job ads and reviewing candidates’ qualifications.
2. Filing: This step requires the employer to produce information related to the job (duties, location, prevailing wage, etc.), recruitment process details and information about the applicant’s ability to fill the role.

Government form filing fee: $1,925

Premium processing: This service is available for one stage of the EB-3 green card application process, filing Form I-140 Immigrant Petition for Alien Worker. However, it’s not available for other portions of the application, including the PERM Labor Certification Process.

Individuals may concurrently file the green card applications for their spouse and minor children along with their green card application. While the green card applications are pending, any dependent may apply for work and travel authorization.

Individuals who’ve worked abroad at a foreign affiliate of the sponsoring U.S. company in an executive or managerial capacity.

The initial stay is three years.
The total stay is seven years.

Executive capacity refers to the employee’s ability to make major decisions without much oversight.

Managerial capacity refers to the ability of the employee to supervise and direct the work of employees and to manage the organization, or a department, subdivision, function, or another component of the organization.

• Candidates must have worked at a related entity abroad for at least 12 continuous months out of the last three years when applying.
• The work or service must be in an executive or managerial capacity for a branch of the same employer.
• There must be a qualifying relationship with a foreign company such as a parent company, branch, subsidiary or affiliate.

Application filing fee: $960

Premium processing: Employers can pay the $1,225 premium processing fee and USCIS will guarantee the L-1A visa application is processed within 15 calendar days.

If the executive’s or manager’s reason for travel is to open a new office in the United States, the following conditions must be met:
• The employer has secured the physical office location
• The executive or manager has been employed in that position for one continuous year in the three years preceding the filing of the petition
• The intended U.S. office will support an executive or managerial position within one year of the approved petition

Two extensions granted in two-year increments.

Some companies choose to establish an intracompany relationship in place of filing individual L-1 visa petitions. The benefit of Blanket L Certification is that the employee can apply for the L-1 visa directly at the U.S. Consulate. Nothing needs to be filed in the United States, which saves time and cost.

Blanket L Certification may be established if:

1. All parties involved are engaged in commercial trade or services.

2. The petitioner has a U.S. office that’s been operational for one year.

3. There are three or more domestic and foreign branches, subsidiaries and affiliates.

4. All parties have met one of the following:
• Obtained at least 10 L-1 visa approvals during the previous 12-month period.
• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million.
• Have a U.S. workforce of at least 1,000 employees.

Employees may be accompanied by their spouses and unmarried children 21 years and under with an L-2 nonimmigrant dependent classification. Dependents are allowed to study. Spouses in L-2 status may apply for work authorization once they are in the United States.

L-1A visas are dual intent, meaning expats may easily be sponsored for permanent residency. L-1A visa holders should begin the green card application process no later than two years prior to their seven-year max-out date to avoid losing work authorization.

The L-1B visa classification allows a U.S. employer to transfer an employee with specialized knowledge relating to the organization from one of its affiliated foreign offices to a U.S. branch.

• The initial stay is three years.
• The total stay is five years.

To qualify, the employee must:
• Have worked in the qualifying organization for at least 12 months within the last three years leading up to transfer.
• Be working in the field of specialized knowledge for a branch of the same employer.

Application filing fee: $960

Premium processing: Employers can pay the $1,225 premium processing fee and USCIS will guarantee the L-1B application is processed within 15 calendar days

One extension permitted or up to two years.

Some companies choose to establish an intracompany relationship in place of filing individual L-1 petitions. The benefit of Blanket L Certification is that the employee can apply for the L-1 visa directly at the U.S. Consulate. Nothing needs to be filed in the United States, which saves time and cost.

Blanket L certification may be established if:

1. All parties involved are engaged in commercial trade or services.

2. The petitioner has a U.S. office that’s been operational for one year.

3. There are three or more domestic and foreign branches, subsidiaries and affiliates.

4. All parties have met one of the following:
• Obtained at least 10 L-1 visa approvals during the previous 12-month period.
• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million.
• Have a U.S. workforce of at least 1,000 employees.

Employees may be accompanied by their spouses and unmarried children 21 years and under with an L-2 nonimmigrant dependent visa classification. Dependents are allowed to study. Spouses in L-2 status may apply for work authorization once they are in the United States.

L-1B visas are dual intent, meaning expats may easily be sponsored for permanent residency. L-1B visa holders should begin the green card application process no later than two years prior to their five-year max-out date to avoid losing work authorization.

Lecturers, researchers, commercial engineers, salespersons and trainers often use B-1 visas when traveling for work on a short-term basis.

B-1 visa requirements:
• Funds to cover expenses throughout the stay.
• No compensation by a U.S. employer during the trip.
• Residence and country ties in the home country with no interest in abandoning those ties.
• Intent to leave the United States at the end of his or her visit.

•The initial stay is one to six months.
•The total stay is up to one year.

Application filing fee: $160

Premium processing: There is no expedited application processing available for B-1 applications.

Citizens in select countries can travel to the United States for a stay of 90 days or less without a U.S. visa. In order to travel under the Visa Waiver Program, the traveler must have completed the Electronic System for Travel Authorization (ESTA) process prior to the trip. Persons admitted under the Visa Waiver Program cannot extend or change their status while in the United States.

Participating countries include:
• Australia
• Ireland
• Japan
• Portugal
• South Korea
• United States

Full Visa Waiver Program list: https://www.cbp.gov/travel/international-visitors/esta

Extensions granted for up to six months.

Spouses and children of B-1 holders aren’t eligible to apply for a dependent visa. If the traveler would like family members to accompany him or her, separate B-2 visitor visa applications must be filed.

B-1 visas are not dual intent, meaning holders may face international travel complications if they file a green card petition under this status. It’s recommended they switch to a dual intent visa, such as an H-1B Person in Specialty Occupation visa or an L-1 Intracompany Transfer visa, before applying for legal permanent residency.