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Temporary Work Visas
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Work Visas
US immigration provides a variety of ways for foreign nationals to enter the US to legally work and remain in the US. There are temporary visas from letter A to V, with many of them having various subcategories. All of them have set restrictions and allow you to seek entry to or remain in the US. Not all visa categories allow you to work, such as the B1/B2 or tourist visa. If you wish to legally work in the United States, you will probably need one of the following types of visas: E visa, H visa, L visa, O visa, or P visa.
There are three types of E visas, all of which require a relationship between a foreign country and the United States. The E1 and E2 visas are available to citizens of various countries, while the E3 visa is only available to Australians.
The E1 visa is for traders. If you have a company that exports or imports goods from or to the United States, you may be eligible for an E1 visa. You do not have to sell or export all of the goods you make to the United States. It is just that the majority of your exports or imports have to be from the US. For example, you may sell goods in your home country and only export about 20% of your product to the US. As long as you continuously export goods to the US and do not export to other countries, you may be eligible for this visa. If you are interested in learning more about the E1 visa, please contact us at ctyrrell@tntvisa.com or via phone or WhatsApp at (754) 610 – 7266.
E2 visas are for investors. To be eligible, you must invest into a business into the US. You can create your own business, purchase an existing business or possibly purchase a franchised business. You do need to own at least 50% of the business and the business must have the capacity to earn money. There is no minimum investment amount to obtain the visa; however, it must meet the definition of a “substantial investment” as determined by the officer reviewing your case. If you have the money to invest into the US, this could be a good opportunity for you and your family. Should you want to learn more information about the E2 visa, please contact us at ctyrrell@tntvisa.com or via phone or WhatsApp at (754) 610 – 7266.
E3 visas are for Australian nationals and are similar to H1B and TN visas as discussed below. To qualify for an E3 visa, the Australian national must have the equivalent of a bachelor’s degree and work in a position that requires the minimum of a bachelor’s degree. A US employer must petition for the Australian national. If you are an Australian national who wants additional information on the E3 visa.
The H visas are for temporary workers. There are various types of H visas, with the most prominent being the H1B, H2B and H3 visas.
The H1B visa is reserved for temporary workers who have an advanced degree, meaning that they have the equivalent of a US bachelor’s degree or more. To qualify, the H1B applicant must have an employer who is willing to sponsor him/her for a position. The position must require a minimum of a bachelor’s degree in a specific field and the foreign applicant must have that degree. For example, a statistician may require a minimum of a bachelor’s degree in math or statistics, or a similar field. There are only 85,000 H1B visas available each year, with 20,000 set aside specifically for those positions that require a minimum of a Master’s degree in a set field. If you feel that you may qualify for an H1B visa.
The H2B visa is available to skilled and unskilled workers who will be working in a field that has a temporary need, meaning a clearly defined end date. The work required typically should be completed within one year or less, although there are ways to extend this request. The foreign national must also be a citizen of a specific country that has been approved to supply H2B visas. There are only 66,000 H2B visas allowed per year, and to apply for an H2B visa, there are various requirements that must be met by the employer. If you would like more information on the H2B visa, please feel free to contact us at ctyrrell@tntvisa.com or via phone or WhatsApp at (754) 610 – 7266.
The H3 visa is available for those who will be entering a training program in the US. The training program can be in any field by any employer, provided that you cannot receive the training in your home country. The program must be clearly defined and explain why you need the training and how it will benefit you in your home country. The program should not last more than 2 years and there should be no direct employment. Employment is allowable only if it is incidental to the training. If the H3 visa interests you.
L visas are available to those employees who are being transferred from a foreign business to a US business. The two businesses must be related, typically by a share of ownership in the two companies. For example, the foreign company can directly own the US company or the owners of the foreign company can own the majority of the shares of the US company. The foreign national seeking to be transferred must have worked for the foreign company in an executive, managerial or specialized knowledge position for at least one full year within the preceding three years before entering the US to work for the US employer. The position offered in the US must also be an executive, managerial or specialized knowledge position. You can have the L visa for five to seven years, depending on your position within the US company. You may also have an ownership interest in the foreign and/or US company. If you would like more information on the L visa.
O visas are often considered the artist visa, although this can be misleading. The O visa is for anyone who has risen to the top of their field and can be considered a foreign national of extraordinary ability. We have successfully used this visa for marketing personnel, businessmen, scientists, as well as artists, entertainers and athletes. To qualify for an O visa, you should be at the top of your field. To prove this, one needs to provide evidence of awards won in their field, participation in a key role for organizations or events, articles written about you in your field or articles that you have written about your field, evidence of a high salary, or showing that you have judged others in your field. These are just some of the categories of evidence needed for an O visa. If you believe that you have the necessary skills and experience to qualify for an O visa.
P visas are for athletes and entertainers. If you are a professional athlete or have been member of a recognized entertainment group, you may be eligible for the P visa. To qualify you must show that you have been a part of a professional, collegiate or international season, or that you have performed in a group for at least one year that has received significant recognition. If you believe you qualify for a P visa.
R visas are the religious based visas. These visas are available to those who have worked in a religious capacity and will work for the same denomination or religion in the US. You do not have to be only a priest or nun to qualify. We have obtained R visas for teachers, mohels and religious support staff. If you have worked for a church, synagogue, temple or other religious organization in the past, you may qualify for the religious visa.
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My father and I, both Venezuelan with French nationality, have been clients of Mr. Tyrrell for close to five years. Prior to meeting Mr. Tyrrell, we had used other immigration attorneys and were frustrated with their recommendations. We decided to speak to Mr. Tyrrell to develop other immigration strategies. Mr. Tyrrell listened to us, provided us with a clear strategy and implemented a plan for my father and I to obtain our investor visas, which have been valid for five years. Even though we have not needed additional immigration services, Mr. Tyrrell has been willing to listen to us, give us advice and help us in all situations. He has always been responsive, and readily available to address all of our immigration concerns. I value my experience with Mr. Tyrrell and would tell you that you cannot find a better attorney.
In December of 2020, I was planning to travel to the United States from Italy to care for my elderly mother. A few days before the trip, I realized that I might not be able to travel because of certain COVID-19 restrictions. My sister and I contacted Mr. Tyrrell, who immediately checked into the matter. He gave me a legal strategy, asked me for various information and submitted a request to the appropriate US immigration authorities within days of me contacting him. Mr. Tyrrell then continued to follow up with the appropriate channels until we received verification that I was able to travel to the US. Mr. Tyrrell then prepared me for my trip and followed up after I got to the US to see how my family was doing.
Mr. Tyrrell put me at ease throughout this whole process and showed compassion for me and my family during this difficult time. This is Mr. Tyrell’s biggest asset: efficiency and humanity all in one. After talking with several of his other clients, I see that this is how he treats all of his clients. I cannot recommend him enough. Should you need an immigration attorney, your search should begin and end with Mr. Tyrrell.
Two Canadian colleagues of mine referred me to Mr. Tyrrell. I contacted him and told him my idea to move to the United States. Mr. Tyrrell listened to me, gave me immigration advice and then worked with me to help plan an investor visa strategy.
After submitting my paperwork to immigration, I was struggling with my business and immigration plan. I reached out to Mr. Tyrrell who listened to what was going in my business. Although I only saw problems, Mr. Tyrrell saw hope. He provided me with an optimistic outlook on the business and gave me advice that helped me look at the situation differently. I followed his advice and am beginning to see the fruits of my labor. His willingness to listen to me and provide solutions is what I value the most about Mr. Tyrrell. His opportunistic outlook provided me with the hope I needed in a difficult time.
I am so grateful for Mr. Tyrrell’s help. He is an extraordinary immigration attorney and an even better friend.
I am providing this testimonial not only to help Tyrrell Law, PSC but to help their potential clients. Mr. Tyrrell is a great attorney who applied his knowledge to help my family reach our dreams and goals and to provide us with better opportunities in life.
I came to the US from Colombia in the fall of 2019 on a tourist visa. Because of the coronavirus pandemic, I was unable to return on my scheduled flight. I found a job opportunity and my first step was to look for recommended lawyers, which was difficult, as there are many attorneys who do not take the time to listen to us, giving us the peace of mind to trust hands our future in their hands. I was referred to Mr. Tyrrell who reviewed my situation and suggested an O1 visa based on my profile. He diligently worked hard on my case, gave me updates on what was going on, and met with me on numerous occasions to answer my questions and address my concerns. I value his hard work and his dedication to my case. He is an amazing attorney and I highly recommend his immigration law services.
I have known Mr. Tyrrell for more than ten years. He has worked on numerous immigration applications for my family and business partners, including H1B petitions, family-based residency applications, a treaty trader visa request and the naturalization applications for my wife, my son, and I and is currently helping my daughter obtain her US citizenship.
Every time I have worked with Mr. Tyrrell, I have found him to be extremely professional. He answers my questions, provides me with updates and always let me know what is going on in my families’ files. I trust him completely as my family’s immigration attorney. You cannot be in better hands.
