Niles Lang

Immigration Attorney

Work Permit

The Work Visa is available to a beneficiary of a petition whose stay in current or who is currently outside the United States and has not violated the terms of any prior stays. The H-1B is a visa for professionals. The L-1 is a visa for intra-company transferees. The O-1 is for well established professionals and it is an alternative visa to the H-1 as well.

The H-1B is a visa for professionals. Normally it requires a Bachelor’s Degree in the area of employment.

An applicant who may have some schooling from an institution of higher learning and experience in the field of service in which s/he is being sponsored may apply the general rule of substituting three years of practical experience for one year of schooling. Thus, one with two years of schooling and six years of progressively more advanced experience may qualify (with a proper accredited evaluation of said experience) for classification as an Alien Worker in a Specialty Occupation. In theory, one with twelve years may also qualify. This visa is typically granted for up to three years and is renewable.

H-1B Visa

The L-1 is a visa for intra-company transferees.

One who has worked for an overseas company with a branch in the United States for at least twelve of the past twenty—four months in a specialized or managerial position may qualify for this visa in lieu of the limited number of visas available through the H-1B program.

This visa is typically granted for up to five years for an established company.

For a start up this visa is generally granted for one year at which point the company must demonstrate its viability and may thereupon renew the L-1 visa for the beneficiary.

L-1 Visa

The O-1 is for well established professionals.

It is an alternative visa to the H-1 as well. Of note, however, is that this visa is for aliens of extraordinary ability as defined by immigration law.

Typically the beneficiary will be possessed of at least a Master’s Degree and at least ten years of experience. In addition, the beneficiary will have a far-reaching national or international reputation in his/her home country.