US Immigration Visas : Non Immigrant Visas

Employment Based

Non-immigrants with permission to work in the United States are either sponsored by a U.S. employer based on a specific job offer, and must work only for that employer, or have work permission for specific objectives (For example, students granted practical training in their field of study, or professors and researchers working in international exchange programs). Two of these nonimmigrant employment visas are the H-1b and the L-1 visas.

H-1B - Persons in a Specialty Occupation
The H-1B category is the usual category for allowing highly skilled professionals to work in the U.S. The classification is available only to workers in specialty occupations requiring knowledge normally acquired through attainment of a four-year college degree or its equivalent. A specialty occupation, for example, is architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. Before filing a petition on the potential employees’ behalf, the employer must file a “labor condition attestation” (LCA) application with the Department of Labor setting out the title and salary for the position, the location where the intended H-1b holder will work, and various statements attesting that employment of the intended H-1b holder will have no adverse effect on U.S. citizen or permanent resident workers. There is an annual limit on the number of H-1B aliens. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status. Because of the quota and the amount of interest in the visa, there may be a delay of up to two years before one may acquire this visa. H-1b status is initially granted for a maximum of three years, and additional extensions may be approved up to a maximum of six years. An H-1B is a dual intent visa and a visa holder can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status.

L-1B – Intra-company Transferee
If you are being transferred from a U.K. company to the U.S., the L-1B visa may very suitable. An L-1B visa can be issued to an employee who has worked outside the U.S. for at least one continuous year within the three years immediately preceding the U.S. transfer for a qualifying, related business entity (e.g., parent, subsidiary, affiliate) in an executive, managerial or specialized knowledge capacity and who is being transferred to the U.S. to work for the same employer or a parent, subsidiary or affiliate. The employer must be engaged in business in the U.S. and at least one other country for the duration of the employee's stay in the U.S. The L-1B is granted initially for a maximum of three years. Total stay in L-1B status (or L-1B and H-1b combined) are limited to a total of five consecutive years for those individuals with "specialized knowledge" and managers and executives under the L-1A may be admitted for up to seven years. If a specialized knowledge employees is promoted to a managerial or executive position after admission (and if the United States Citizenship and Immigration Services (USCIS) is properly notified of the promotion) they may remain for up to seven years.