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Worker Requirements for H-1B and Related Work Visas

To qualify for most employment-based non-immigrant visas, especially the H-1B, foreign workers must meet certain educational or professional standards. In general:

• The job must require a bachelor’s degree or higher in a specific field of study and the worker must either hold a qualifying U.S. degree, a foreign equivalent, or demonstrate comparable experience and training.
• In some cases, a valid state license or certification may be required for regulated professions.
• For research-based roles or cooperative agreements with government agencies (e.g., Department of Defense), additional documentation may be necessary.
• Different subcategories (such as H-1B1 for Chile/Singapore, H-1B2 for DOD projects, or H-1B3 for fashion models) have slightly different requirements.

For full eligibility criteria, visit the USCIS H-1B Specialty Occupations page.

Employer Requirements for Sponsoring an H-1B Worker

U.S. employers must meet several obligations to legally hire and maintain an H-1B worker’s employment. These include:

• Filing a valid Labor Condition Application (LCA) with the Department of Labor
• Paying the required wage rate, which must meet or exceed prevailing wages for similar roles in the area.
• Offering H-1B employees working conditions and benefits equal to those provided to U.S. workers.
• Notifying USCIS of changes to the worker’s status (e.g., job termination, role changes, or location changes).

For complete details, visit the DOL H-1B Employer Fact Sheet page.

Worker Requirements for a TN Visa

The TN visa is a nonimmigrant classification available to qualified Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA). It allows professionals to work in the U.S. temporarily in pre-approved occupations.

To qualify for TN status, the worker must:

• Be a citizen of Canada or Mexico (permanent residents are not eligible).
• Have a job offer from a U.S. employer in a USMCA-recognized profession.
• Possess the required academic or professional credentials (typically a bachelor’s degree or license).
• Intend to work temporarily, not as a step toward permanent residence.

For more details, visit the USCIS TN Visa page.

Employer Requirements for a TN Visa

Employers hiring TN professionals must meet documentation and compliance requirements:

• Offer Letter: Must outline the job title, duties, location, duration, and confirm the role is temporary and matches a USMCA profession.
• USMCA Role: The position must be one of the professions listed under the agreement (e.g., engineers, scientists, accountants).

For support in preparing documentation and ensuring compliance, Boudia Immigration Law can guide you through the TN process.

L-1A Visa: Intracompany Transferee – Executive or Manager

Worker Requirements:

• Must have worked for a qualifying foreign entity for at least one continuous year within the past three years.
• Must be entering the U.S. to serve in an executive or managerial role.
• Executives should be making high-level decisions with minimal oversight; managers must supervise staff or manage a key function of the business.

Employer Requirements:

• Must have a qualifying relationship with a foreign company (such as a parent, branch, subsidiary, or affiliate).
• Must be actively doing business in the U.S. and at least one other country throughout the employee’s stay.

L-1B Visa: Intracompany Transferee – Specialized Knowledge

Worker Requirements:

• Must have worked for a qualifying organization abroad for at least one continuous year in the past three years.
• Must possess specialized knowledge related to the company’s services, products, or processes.
• Specialized knowledge may relate to proprietary techniques, equipment, or international business applications unique to the organization.

Employer Requirements:

• Must have a qualifying relationship with a foreign business entity.
• Must be conducting business in both the U.S. and another country during the employee’s assignment.
• Can use the L-1B to transfer existing employees or to send a worker to help open a new U.S. office.

E-1 Visa: Treaty Traders

Worker Requirements:

• Must be a national of a country with a qualifying treaty with the U.S.
• Must be employed in an executive, supervisory, or essential role for a qualifying organization.
• Must engage in substantial international trade between the U.S. and the treaty country.

Employer Requirements:

• Must be a treaty-based business with at least 50% ownership by nationals of the treaty country.
• Must conduct principal trade (more than 50%) between the U.S. and the treaty country.
• Must document trade volume, business structure, and employee qualifications.

E-2 Visa: Treaty Investors

Worker Requirements:

• Must be a national of a treaty country actively investing in a U.S. enterprise.
• Must hold an executive, supervisory, or essential role in the investment enterprise.
• Must intend to depart the U.S. once E-2 status ends.

Employer Requirements:

• Must be a real and operating U.S. business with at least 50% ownership by treaty nationals.
• Investment must be substantial, with the funds at risk and committed to the business.
• Must not be a marginal enterprise solely supporting the investor and family.

Worker Requirements for an E-3 Visa:

• Must be a citizen of Australia.
• Must have a legitimate job offer in the United States in a specialty occupation.
• Must possess the required academic degree (typically a bachelor's or higher) or equivalent credentials related to the position.
• If applicable, must obtain a professional license or certification required for the role prior to beginning employment.

Employer Requirements for an E-3 Visa:

• Must submit a certified Labor Condition Application (LCA) through the Department of Labor for the specific position.
• Must provide a formal job offer letter describing duties, employment terms, and that the position qualifies as a specialty occupation.
• Must confirm the employee meets all qualification criteria and will be paid the higher of the prevailing or actual wage.

Worker Requirements for a B-1 Visa:

• Must be traveling to the U.S. temporarily to engage in legitimate business activities such as meetings, contract negotiations, or attending professional events.
• Must intend to stay for a limited period (typically up to 6 months, with a maximum of 1 year).
• Must demonstrate sufficient financial means to cover travel and stay without seeking U.S. employment.
• Must maintain a residence and strong ties outside the U.S. and intend to return home after the visit.

Employer Requirements for a B-1 Visa:

• Must provide a letter of employment/business purpose letter
• Must submit evidence of employment abroad
• Must demonstrate proof that the employer is based outside the U.S.

B-1/B-2 Visa (Combined)

• This is a combined visa that allows for both business and pleasure travel during a single visit.
• Many people are issued this combined visa, as the purposes can overlap during a trip.
• A visa is typically valid for ten years, but the length of stay for each entry is generally up to six months.
• Visitors with this visa cannot work for a U.S. company or intend to stay in the U.S. permanently.

Restrictions

B-2 visitors are generally restricted to a maximum of six months and cannot engage in activities that lead to a degree or professional performance for a paying audience.

B-1/B-2 Visa (Combined)

• This is a combined visa that allows for both business and pleasure travel during a single visit.
• Many people are issued this combined visa, as the purposes can overlap during a trip.
• A visa is typically valid for ten years, but the length of stay for each entry is generally up to six months.
• Visitors with this visa cannot work for a U.S. company or intend to stay in the U.S. permanently.

Worker Requirements for an R-1 Visa

• Must be coming to the U.S. to work part-time (at least 20 hours/week) in a religious vocation or occupation.
• Must have been a member of a religious denomination with a bona fide nonprofit religious organization in the U.S. for at least two years immediately prior to the petition.
• May serve as a minister, religious professional, or in a recognized religious vocation or occupation.

Employer Requirements for an R-1 Visa

• Must be a nonprofit religious organization, an entity affiliated with a denomination, or authorized under a group tax exemption.
• Must show how the worker will be compensated, either by salary, in-kind support, or as part of a recognized missionary program.