The eligibility requirements for the H-1B visa, a professional employment visa, are as follows:

1. Educational Requirements:

   • The foreign worker applying for the H-1B visa must possess the minimum educational qualifications required for the position. Generally, this means having at least a bachelor's degree in a related field.

   • In certain cases, relevant work experience may be accepted in lieu of a degree.

2. Occupational Requirements:

   • The H-1B visa applies only to positions considered professional occupations. This includes various fields such as IT, engineering, medicine, accounting, law, and education.

3. Employer Requirements:

   • The U.S. employer sponsoring the H-1B visa must pay the foreign worker a prevailing wage, which should be at least the average wage for the occupation in the area or the wage paid to similar positions within the organization, whichever is higher.

   • The employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor and receive approval before the H-1B visa application.

4. Labor Condition Application:

   • Before applying for the H-1B visa, the employer must submit the LCA, confirming the working conditions and wages for the foreign worker, and obtain approval.

5. Visa Cap:

   • The H-1B visa is subject to an annual cap, with a limited number of visas available each year. Applications are typically accepted in April for the upcoming fiscal year starting in October. Certain sectors, such as nonprofit organizations and educational institutions, may have exemptions from this cap.

If these eligibility criteria are met, the foreign worker can apply for the H-1B visa, allowing them to work in the U.S. in a professional capacity.

The L-1 visa is designed for multinational companies to transfer employees from foreign offices to the U.S. There are two main types of L-1 visas: L-1A (for managers and executives) and L-1B (for employees with specialized knowledge). The eligibility requirements for the L-1 visa are as follows:

L-1A Visa (Managers and Executives)

1. Employer Requirements:

   • The employer must be a U.S. company with a qualifying relationship to a foreign entity, such as a parent company, subsidiary, branch, or affiliate.

2. Employee Requirements:

   • The employee must have been employed in a managerial or executive capacity for at least one continuous year within the last three years with the foreign company.

3. Job Requirements:

   • The employee must be coming to the U.S. to work in a managerial or executive position, which includes responsibilities for overseeing the organization or a department.

L-1B Visa (Employees with Specialized Knowledge)

1. Employer Requirements:

   • Similar to the L-1A visa, the employer must be a U.S. company with a qualifying relationship to the foreign company.

2. Employee Requirements:

   • The employee must have worked for the foreign company for at least one continuous year within the last three years.

3. Specialized Knowledge Requirements:

   • The employee must possess specialized knowledge that is unique to the company’s products, services, processes, or techniques, which provides significant value to the company.

Additional Requirements

• Visa Duration: The L-1A visa is initially valid for up to three years and can be extended for a maximum of seven years. The L-1B visa is valid for up to three years and can be extended for a maximum of five years.

• Family Accompaniment: L-1 visa holders can bring their spouse and children under the age of 21 to the U.S. on an L-2 visa. L-2 visa holders may be eligible to work under certain conditions.

If these eligibility criteria are met, foreign employees can apply for the L-1 visa to transfer to the U.S. for work.

E-2 Treaty Investor Visa

1. Nationality:

   • The investor must be a citizen of a country that has a valid treaty with the United States.

2. Investment:

   • The investor must invest a substantial amount of capital in a bona fide enterprise in the U.S. The investment should be sufficient to support the operation of the business.

3. Control of the Enterprise:

   • The investor must own at least 50% of the enterprise or have operational control through a managerial position or other means.

4. Business Operations:

   • The enterprise must be a real and active commercial entity, generating sufficient income to provide a living for the investor and their family.

5. Intent to Depart:

   • The investor must intend to return to their home country when their E-2 status ends.

E-1 Treaty Trader Visa

1. Nationality:

   • The trader must be a citizen of a country that has a valid treaty with the United States.

2. Trade:

   • The trader must engage in substantial trade between the U.S. and the treaty country. This trade can include goods, services, and technology.

3. Control of the Enterprise:

   • The trader must own at least 50% of the trading enterprise or have operational control through a managerial position.

4. Substantial Trade:

   • The volume of trade must be substantial, indicating a significant amount of trading activity over a period of time.

5. Intent to Depart:

   • Similar to the E-2 visa, the trader must intend to return to their home country when their E-1 status ends.

Additional Requirements

• Family Accompaniment: E-2 and E-1 visa holders can bring their spouse and children under 21 to the U.S.

• Visa Duration: Both visas are typically valid for an initial period of two years, with the possibility of unlimited extensions as long as the qualifying conditions are met.

If these criteria are met, foreign nationals from treaty countries can apply for the E-2 or E-1 visa to engage in investment or trade activities in the United States.

O-1 Visa Eligibility Requirements

1. Extraordinary Ability:

   • Applicants must demonstrate sustained national or international acclaim in their field, signifying a level of expertise that surpasses that which is ordinarily encountered.

2. Proof of Accomplishments:

   • Applicants are required to provide substantial evidence of their achievements and recognition, which may include:

     • Receipt of major awards or honors (e.g., Academy Awards, Grammy Awards, Olympic medals).

     • Membership in associations that demand outstanding achievements for membership.

     • Publications featuring the applicant in professional journals or major media outlets.

     • Participation as a judge or panelist for the work of others in the same or a related field.

     • Original contributions of major significance to the field.

3. Field of Endeavor:

   • The applicant's area of expertise must align with one of the O-1 categories, namely:

     • O-1A: Individuals with extraordinary ability in the sciences, education, business, or athletics.

     • O-1B: Individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

4. Job Offer:

   • The applicant must have a valid job offer from a U.S. employer, who is required to file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the applicant.

5. Advisory Opinion:

   • For O-1B applicants in the arts or those in the motion picture or television industry, an advisory opinion from a relevant peer group or labor organization may be required. This opinion should confirm the applicant's qualifications and the nature of the proposed work.

6. Duration of Stay:

   • The O-1 Visa is typically granted for the duration of the event, performance, or activity, for up to three years, with the possibility of extensions granted in one-year increments.

7. Dependents:

   • O-1 visa holders may bring their spouse and children (under 21) to the U.S. on O-3 visas; however, O-3 visa holders are not permitted to work in the U.S.

8. No Dual Intent:

   • As a non-immigrant visa, the O-1 Visa requires applicants to demonstrate their intent to return to their home country upon the completion of their work in the U.S. Nonetheless, O-1 visa holders may later seek to apply for permanent residency.

Summary

The O-1 Visa is specifically designed for individuals who can substantiate their extraordinary ability or achievements in their field. The application process involves the submission of robust evidence of accomplishments, along with a job offer from a U.S. employer. Successful applicants are permitted to engage in work in their area of expertise in the U.S. and may extend their stay based on the duration of their projects.

The Religious Worker Visa (R-1) is a non-immigrant visa that allows foreign nationals to enter the United States to work in a religious capacity. This visa is specifically for individuals who are members of a religious denomination and will be employed by a nonprofit religious organization in the U.S.

To qualify, applicants must demonstrate that they have been a member of the religious denomination for at least two years before applying and will be engaged in religious work, such as ministering, teaching, or conducting worship services. The R-1 visa is typically granted for an initial period of up to 30 months and can be extended for an additional 30 months.

Fiancé Visa (K-1): The K-1 visa allows a foreign national fiancé(e) of a U.S. citizen to enter the United States for 90 days to marry their sponsor. After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (Green Card holder). To qualify, the couple must demonstrate a genuine relationship and have met in person within the past two years.

Spouse Visa (K-3): The K-3 visa is for foreign national spouses of U.S. citizens. It allows them to enter the U.S. while waiting for their immigrant visa petition (Form I-130) to be processed. The K-3 visa is typically valid for two years and can be extended if necessary. Once in the U.S., K-3 visa holders can apply for adjustment of status to become lawful permanent residents.