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Employment Visas

There are a variety of visas available for U.S. employers or international companies to hire a foreign national. Depending on the employee’s level of education, the scope of employment, and the type of business, an employer must choose the correct category in which to apply for their foreign employee.

The most commonly used non-immigrant employment visa is the H-1B. The H-1B specialty occupation visa classification is available for positions that require a specific university degree (or its equivalent in terms of post–high school education and experience) in order to perform the work.  The process for an employer to obtain an H-1b visa involves obtaining DOL approval of a Labor Condition Application for the position and filing all required forms, fees, and evidence of both employee and employer eligibility for the visa with USCIS. Patnaik Law Office has handled numerous H-1b applications, including cases involving transfers, extensions, 60 day grace period, waivers, and consular stamping.

L1 visas are for employees of multinational companies seeking to send a manager, executive, or employee with specialized knowledge to work temporarily in a U.S. office of the corporation

E-1/E-2 visas for Treaty Traders/Investors to engage in trade or to manage their business, or “investment”, in the U.S. The E visas are available only to persons from countries that have signed trade treaties with the United States. Patnaik Law specializes in E-2 visas and can advise on company start-up to support E-2 eligibility.