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Non-Immigrant Visa Options for the United States of America
Foreign nationals coming to the United States need a non-immigrant visa, unless they are Canadians, or are eligible for the Visa Waiver program, which allows business or tourist visits of up to 90 days. If non-U.S. citizens wish to live in the United States permanently, a “green card” or permanent resident status is required.
The “green card” offers the ability to live, work or conduct business anywhere in the United States. An application for permanent residence often involves complex procedures which can take years to complete. Most applicants obtain permanent resident or “green card” status through either family or job sponsorship. Since there are long waiting lines for most categories, temporary, non-immigrant visas are often required to visit, study, work or invest in the United States. Many of these visas provide relatively quick immigration status and can allow employment authorization.
H-1B Specialty Occupation Visa for Professional Workers
The basic requirement for a H-1B visa is a Bachelor’s degree or its equivalent, and a job offer which requires the degree. The visa petition is filed by the U.S. employer and the work authorization is specific to the employer.
It is necessary to obtain an approved labor condition attestation from the Department of Labor prior to filing the petition with the Immigration Service. This is required to ensure that the wages and working conditions do not undermine those for U.S. workers. The H-1B visa may be approved for up to three years and it can be extended for a total of six years. If an application for permanent resi ...