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Non-Immigrant
Employment
The attorneys at Calderon & Derwin, PLC have worked with many businesses in the United States to obtain temporary work visas for their future employees. Our attorneys have successfully completed cases in the following categories:
- H1 B: The H-1B classification allows 65,000 individuals to be employed, full or part-time, by the petitioning employer in the U.S. in a specialty occupation each fiscal year. To qualify as a specialty occupation the occupation must require a specialized body of knowledge and a bachelor’s degree or its equivalent. An individual is allowed to remain in H-1B status for a maximum period of six years at a time and in certain circumstances may obtain an extension beyond the six-year maximum. In addition, an individual in H-1B status may change employers without altering their status if the new U.S. employer files a new petition before the individual begins working.
- H-3: The H-3 classification allows an individual to temporarily receive training, but not employment, from a US employer in an area other than graduate education and training that will aid the beneficiary in pursuing their career outside of the U.S.
- K-3/4: The K-3/4 classification, created under the Legal Immigration Family Equity Act (LIFE) allows the spouse or child of a US citizen to be admitted to and work in the United States as a nonimmigrant while their applications for permanent residence are processing.
- L-1: The L-1 classification allows an individual who was employed by a company abroad for at least one of the last three years as an executive or manager (L-1A) or in a position requiring “specialized knowledge” (L-1B) to be transferred to their U.S. branch, subsidiary, affiliate, or parent to be employed in one of these three positions. An individual is allowed to remain in L-1 status for a maximum of 7 years if they are a manager or executive and 5 years if they are in a position requiring “specialized knowledge.”
- O-1: The O-1 classification allows an individual of extraordinary ability in the sciences, arts, education, business or athletics and those accompanying or assisting the individuals to enter the U.S. to work in his or her area of extraordinary ability.
- R-1: The R-1 classification allows a religious worker to temporarily come to the United States to work as a minister, in a professional religious occupation, or at the request of a non-profit religious organization to perform an occupation which relates to a traditional religious function.
- TN: The TN classification, created under the North American Free Trade Act (NAFTA), allows eligible Canadian and Mexican professionals to be employed in the U.S. in certain professional positions when they possess the proper credentials.
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