Introduction

The US has over 60 types of non-immigrant (temporary) visas and many different routes to the Green Card - an immigrant visa.

For practical purposes we focus here on the following dominant commercial visa types:

L1, E1, HIB and E2

If you have a question about another type of visa, please contact us.

Regarding the Green Card, the long processing time, which is unavoidable, means it’s usually necessary to obtain a non-immigrant visa as a first step. Once the candidate has been approved for a non-immigrant visa and arrives in the US, the long process of arranging to obtain a Green Card can begin.

The appropriate visa type for your candidate will depend on the particular circumstances in any given case. B1 or B2 visas are suitable for visitors and business people who may need to engage in business related activites, (eg conduct negotiations, attend meetings, seek investments) but without receiving earnings from a US employer. It’s duration is 6 months. This visa is for business people making sales, conducting negotiations, attending meetings and seeking investments. It’s duration is 6 months.

If the candidate is Canadian, treaties between the US and Canada mean that it is far easier to get a US work visa for a Canadian than for other non-US citizens. The TN1 Canadian Professional visa is available for Canadian professionals and managers. It is of indefinite duration with 1 year increments

There are three main categories of US work visa for professionals.

The L1 visa can be used to transfer staff who have been employed for at least one year in the last three by a parent, subsidiary or affiliated company outside the US.

The L1A is relevant for intra company transferees who are executives or managers who have worked for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the US company that will employ them. The maximum amount of time for which this visa can be obtained is 7 years.

The L1B will apply for intra-company transferees who have specialized knowledge and who have worked for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the proposed US employer. The maximum amount of time for which this visa can be obtained is 5 years.

The E1 Treaty Trader visa is for staff who will direct and develop import / export trade between the US and the treaty country. It is available for an indefinite period (5 year increments).

The E2 Treaty Investor visa is for staff who will direct and develop investments made in the US by a treaty country national/company. Indefinite (5 year increments).

Green Card

The Green Card is a permanent residence visa, available to different categories of workers, divided into preference categories. These fall into the First Preference Priority Workers category which means what it says, they get first preference! Permanent residence is also available for aliens with extraordinary ability within the definition of that term for immigration purposes.

Professionals with advanced degrees or those with exceptional ability in the sciences, arts or business fall into the Second Preference Priority Worker category for permanent residence status.

The Third Preference Workers are professionals with basic degrees, skilled workers and "other workers" who have less than two years of relevant experience. The length of time which the process takes varies according to the category. The green card is also available to investors who meet certain criteria.