Non-Immigrant Visas
Navigating the complexities of non-immigrant visas can be challenging for any business seeking to sponsor international talent. Miller Mayer specializes in assisting corporations in understanding and obtaining the appropriate visas to meet their workforce needs.
Here are some of the key non-immigrant visa categories commonly used for corporate sponsorship:
H-1B Visa: Specialty Occupations
This visa category is designed for professional employees in “specialty occupations.” A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and requires at least a bachelor’s degree (or equivalent) in a directly related specific specialty. Ideal for industries such as technology, engineering, science, healthcare, and finance, the H-1B visa if often the primary route for companies looking to fill professional positions. Miller Mayer advises extensively on H-1B visas subject to the H-1B “cap” and H-1B visas for “cap-exempt” organizations.
L-1 Visa: Intracompany Transfers
For multinational companies, the L-1 visa facilitates the transfer of key employees from a company’s foreign operations to the United States. This includes Executives and Managers (L-1A) and employees who possess “specialized knowledge” of the company’s operations, technologies, processes, and procedures (L-1B). Miller Mayer advises on L-1 petitions filed with USCIS, L-1 visas processed under an organization’s L-1 “blanket” at U.S. Embassies and Consulates abroad, and Canadian L-1s presented at ports of entry.
O-1 Visa: Extraordinary Ability and Achievement
The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics. The O-1B visa is reserved for individuals with extraordinary ability in the arts or extraordinary achievement in motion picture or television industry. This visa classification is reserved for talented individuals who possess a level of expertise indicating they are part of the small percentage who have arisen to the very top of the field of endeavor. Miller Mayer can assist in assessing O-1 eligibility. We have extensive experience preparing O-1 petitions for extraordinary talent on behalf of petitioners.
TN Visa: NAFTA Professionals
Available to citizens of Canada and Mexico, the TN visa is part of the U.S. Mexico Canada Agreement (“USMCA”), formerly known as North American Free Trade Agreement (NAFTA). This form of work authorization allows individuals in certain professional categories, such as engineers, scientists, accountants, lawyers, nurses, and certain teachers, to work in the United States. Miller Mayer has extensive experience advising on and preparing TN-1 applications for Canadian citizens, which are typically processed at a port of entry. We also advise on TN-2 visa petitions for Mexican nationals and TN petitions with USCIS.
E-3 Visa: Australian Specialty Occupation and H-1B1 Visa for Chilean/Singaporean Specialty Occupations
Exclusive to Australian citizens, the E-3 visa permits employment in specialty occupations like the H-1B. It requires a U.S. bachelor’s degree or its equivalent and a job offer in a specialty occupation in the U.S. The H-1B1 visa is a similar professional visa available to citizens of Chile and Singapore who hold at least a bachelor’s degree or equivalent. Each of these visa types can be processed first instance at a U.S. Embassy/Consulate abroad. Miller Mayer advises extensively on these visas, particularly for employers that seek to leverage talent from Australia and Chile in specific industries, such as mining.
E-1 Treaty Trader and E-2 Treaty Investor Visas
E-1 and E-2 nonimmigrant visas are for nationals of countries with which the United States maintains a Treaty. The E-1 Treaty Trader visa is for nationals of a treaty country and engage in substantial trade between the U.S. and the treaty country. The E-2 Treaty Investor visa allows nationals from a treaty country to own and operate an enterprise the U.S. after investing substantial capital or to work as a managerial/ essential/ specialized employee of the company in the U.S. Note, the company must hold the same nationality as the E visa holder. Miller Mayer advises on E visas for corporations and new commercial enterprises.
R-1 Visa for Religious Workers
The R-1 visa allows religious organizations to employ religious workers temporarily in the U.S. To qualify, the applicant must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the R-1 petition.
Miller Mayer is dedicated to providing comprehensive guidance and expert handling of the immigration process.
