• The company must offer employment in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge. An example of a specialty occupation would be an engineer or a researcher.
• The foreign national possesses at least a bachelor’s degree or its equivalent. If the foreign national does not possess a bachelor’s degree, experience or training may substitute. If a license is required to practice, the foreign national must hold the appropriate license.
• The employer must also pay the minimum prevailing wage, as determined by State Employment Agency rules.

L-1 Visas are used for corporations which require a transferring their staff from abroad to their U.S. workplaces. Congress created the L1 visa to facilitate this transfer of personnel. Applicants must satisfy the following qualifications. In order to qualify for an L-1 Visa the following requirements must be met:

• There must be a qualifying relationship between the business entity in the United States and the foreign operation that employs the alien abroad. 

• For the duration of the alien's stay in the United States as an intracompany transferee, the petitioner must continue to do business both in the United States and in at least one other country, either directly or through a parent, branch, subsidiary, or affiliate. 

• The alien must have been employed abroad continuously by the foreign operation for the immediate prior year. Although authorized periods of stay in the United States for the foreign employer are not interruptive of the immediate prior year of employment, such periods may not be counted towards the qualifying year of employment abroad. 

• The alien's prior year of employment abroad must have been in a managerial, executive, or specialized knowledge capacity. The prospective employment in the United States must also be in a managerial, executive, or specialized knowledge capacity. However, the alien does not have to be transferred to the United States in the same capacity in which he or she was employed abroad. For example, a manager abroad could be transferred to the United States in a specialized knowledge capacity or vice versa. 

• The petitioner and the alien must have the intent for the alien to come to the United States for a temporary period and return abroad at the end of the authorized stay, unless the alien becomes a permanent resident of the United States during the authorized stay. The L classification may not be used for the principal purpose of circumventing the wait for a preference visa number.

The basis of this classification lies in treaties which were entered into, at least in part, to enhance or facilitate economic and commercial interaction between the United States and the treaty country.

Although this classification mandates compliance with a lengthy list of requirements, many of these standards are subject to the exercise of a great amount of judgment and discretion. In view of the judgmental nature of this classification, consular officers are supposed to be flexible, fair, and uniform in adjudicating E visa applications.  

As in the case of any visa application, the burden of proof to establish status rests with the alien. If the alien's qualification for E-1 or E-2 classification is uncertain, the consular officer may request whatever documentation is needed to overcome that uncertainty.

Requirements for (E-1) Treaty Trader  

In evaluating E-1 applications, consular officers must determine whether:

• The requisite treaty exists 

• The individual and/or business possesses the nationality of the treaty country 

• The activities constitute trade within the meaning of INA 101(a)(15)(E) 

• Such trade is substantial 

• Such trade is principally between the United States and the treaty country 

• The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

• The applicant intends to depart the United States when the E-1 status terminates.

Requirements for E-2 Treaty Investor  

In evaluating E-2 applications, consular officers must determine whether the:

• Requisite treaty exists;

• Individual and/or business possess the nationality of the treaty country;

• Applicant has invested or is actively in the process of investing;

• Enterprise is a real and operating commercial enterprise;

• Applicant's investment is substantial;

• Investment is more than a marginal one solely for earning a living;

• Applicant is in a position to “develop and direct” the enterprise;

• Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

• Applicant intends to depart the United States when the E-2 statues terminates.

Labor Certification is a process that every employer must undergo when hiring a foreign employee whom it sponsors for a "Green Card", or Legal Permanent Residence Status and requires employers to "test" the local job market. Working with the State Employment Security Agency (SESA), the employer advertises the position and solicits resumes. It has to review each resume that comes in for the position and determine whether any of those candidates would be minimally qualified for the position. If so, the employer must call the candidate in and interview him or her to make a further determination. If there are no U.S. workers that are minimally qualified for the position, the employer will indicate this in its report to the SESA. Then it will wait for SESA’s decision.

The labor certification process can be complicated and time-consuming. Below is a brief description of the process. 

• The employer must complete an application for Alien Employment Certification (Form ETA 750).  The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the applicant must possess to do the work, and a statement of the prospective immigrant's qualifications.
  
  
• The employer must then submit the application to the SWA responsible for the specific job location. The SWA date stamps the application when it is received (priority date) and completes a preliminary review of the application. The SWA also notifies the employer of potential problems, including if the minimum requirements for the position are reasonable and job-related, and determines that the wage offered meets minimum prevailing wage standards.
  
  
• The SWA will then work with the employer to develop a job advertisement for placement in either a journal or newspaper of general circulation in the area of intended employment (depending on the nature of the job). The ad must contain a complete description of the vacancy including job responsibilities, duties, salary, and minimum qualifications (education, training, and experience). The employer must interview all candidates who apply and meet the position requirements.
  
  
• The employer will evaluate job candidates against the job criteria (as established in Form ETA 750), and must submit a recruitment report to the SWA after applications have been received and qualified applicants interviewed. The recruitment report is a summarization of the applicants received and the candidates interviewed, including any decisions made to hire or not hire the candidates.
  
  
• If any qualified U.S. workers are identified, the SWA will inform the employer that the application will likly be denied by the Certifying Officer in the regional office.
  
  
• The information gathered by the SWA will be collated and forwarded to the regional office for review and a decision. Generally, the SWA will notify the employer when the application and all associated documents have been forwarded to the certifying officer in the regional office.
  
  
• Once the certifying officer has reviewed the recruitment report and accompanying documentation, the certifying officer will issue a final determination granting or denying the application. The DOL may require additional information, interviews or advertisement if it feels the employer has not met all conditions for certification. The DOL may issue a Notice of Findings (NOF) indicating the certifying officer's intent to deny the application and identifying all reasons for the intended denial. The NOF will also offer the employer an opportunity to rebut the NOF within 35 days. The letter will also provide guidance to the employer regarding their right to appeal the final decision.

This process can sometimes take several years depending on the state in which the job is being offered. States that are popular sites for immigrant hiring, such as New York, Texas, or California, may take much longer than states with less such activity.

The category "Professionals under the North American Free Trade Agreement (NAFTA)" is available to citizens of Canada and Mexico. The visa is valid for one year that limits the efficiency of applying for this visa as it must be applied for on an annual basis. However, the applicant may seek extensions.  

Under NAFTA, a Canadian citizen may work in a professional occupation in the U.S. provided that the following are met:

• the profession is on the NAFTA list, 

• the alien possesses the specific criteria for that profession, 

• the prospective position requires someone in that professional capacity and

• the alien is going to work for an U.S. employer

The spouse and unmarried, minor children of the principal alien may enter the U.S. as dependents of the TN visa holder, but they can’t accept employment in the United States. Aliens utilizing the TN are considered non-immigrants. Although the substantive requirements of the TN are quite similar to the H-1B visa, the two differ in the area of intent. H-1B visa holders are permitted to have “dual-intent”, the intention to stay temporarily in the U.S. and also have the intention to stay permanently. Hence, recipients of the H-1B can also apply for a green card while in H-1B status. Unfortunately, the TN does not permit dual-intent, therefore, applying for a green card while in TN status may pose problems with the INS.

The J-1 visa exchange-visitor program was created to permit foreign visitors to come and stay in the United States for a temporary period of time as "exchange visitors." During their time here, they can study, participate in research and gain experience in their field of interest.

The U.S. Department of State is the government agency that oversees the program. Institutions and organizations interested in becoming a program sponsor must seek such a designation from the DOS. Once an organization has received approval to be a program sponsor, it may then begin issuing IAP-66 forms. These forms are also known as "Certificates of Eligibility". The IAP-66 form is critical because it is sent to the foreign visitor who will present it to the U.S. consulate to obtain a J-1 visa stamp in his/her passport.

The IAP-66 form contains basic information about the individual and the program he or she will be involved in.

If you need to come to the U.S. to conduct business, the B-1 business visitor's visa is your probable bet. This visa permits entry into the U.S. for a period of time necessary to conclude the business activity. A foreign business person coming to the U.S. may do so provided she is participating in a "legitimate activity". There are certain restrictions imposed by the Department of State defining what a legitimate activity is.

Generally, the activity conducted by the foreign business person must be for the benefit of a company located in another country. He cannot be employed by a U.S. company and receive payment for his services. An example of an individual engaging in legitimate activity is a sales representative from a Taiwan computer company coming to the U.S. to negotiate and close sales contracts.

To qualify for a B-1 visa, there are five conditions that the alien must satisfy:

• The businesswoman will be entering the U.S. for a temporary period of time;

• She plans to leave the U.S. upon the expiration of her stay;

• She has a foreign residence that she does not intend to abandon;

• She has adequate financial arrangements to support herself while she is in the U.S.; and 

• She will participate only in legitimate business activities.

When applying for a B-1 visa at a overseas U.S. consulate, the following documents should be ready to present to the reviewing officer.

A supporting letter from the employer. This letter should explain the purpose of the trip and provide details as to the person's itinerary. It is also helpful for the company to state they will be paying the businessman's salary and not a company located in the United States. The letter should also state that the employee has continued employment with the overseas company.

Additional supporting documentation may also be brought to the U.S. consulate to improve the chances of getting a B-1 visa. This documentation could be a letter from the client(s) in the U.S. inviting a representative from the foreign company to come and conduct business with them. A company catalogue or report describing the foreign company is a good way to inform officers about the foreign company, especially if the company is small and not well-known. Round-trip air tickets help to demonstrate an intent to return to the home country after the business activity has been finalized.

In the event the businesswoman needs more time to conclude her work, B-1 visas may be extended.