VISA INFORMATION

H1-B Visas

• We pay all the costs of H-1B Visas.
• An individual can receive H-1B Visa status for six years (they are usually issued in three-year increments). Subsequent years can be issued if a labor certification has been pending for at least one year.
• Dependent spouses / children can obtain H-4 Visas to live in the United States (U.S.) with the H-1B Visa holder. However, they cannot work if they are issued H-4 Visas for dependents (H-1B Visa dependents must obtain their own H-1B Visas in order to work).
• Individuals needing new H-1B Visas are subject to a cap. Each year, 65,000 new H-1B Visas are issued and 20,000 new H-1B Visas are issued to individuals with advanced degrees (master's degrees or higher) from a U.S. university. The visa cap opens annually on October 1. New applications can be filed as early as April 1 for the cap opening October 1 of the same year. Any visas filed will be given a valid date of October 1 or after. Visas run out quickly. For example, last year Smith Hanley Consulting Group began filing new visa applications on April 1 and the cap was met on May 26; we began filing new visa applications for advanced degree holders on April 1, and the cap was met on July 27. This year, the cap was met on the same day it opened.
• New H-1B Visa applicants cannot begin working until their visas are approved (new H-1B Visas can take up to approximately six months to be approved).

H1-B Transfers

• Individuals currently holding H-1B Visas that are sponsored by a for-profit company can transfer their visa to another for-profit company, such as Smith Hanley Consulting Group. These H-1B Visa holders are not subject to the cap. However, individuals holding H-1B Visas sponsored by a non-profit organization, such as a university, cannot transfer their visa to a for-profit company. These H-1B Visa holders are subject to the cap.
• H-1B Visa transfer applicants may begin working the day after their application is filed with U.S. Citizenship and Immigration Services (U.S.C.I.S.).

H1-B1 Visas

• Individuals from Singapore and Chile can obtain H-1B1 Visas, which can be applied for directly at a U.S. Consulate (applicants do not have to go through the U.S.C.I.S.).
• H1-B1 Visas are issued in one-year increments.
• Individuals need to switch to H-1B status before applying for permanent residency (through a Green Card).

TN Visas

• TN Visas are work authorization required for Canadian and Mexican citizens wishing to work in the U.S.
• Individuals who wish to obtain a TN Visa must have a bachelor's degree or higher.
• TN Visas are issued on the spot at the port of entry into the U.S.
• TN Visas are issued in one-year increments and can be renewed each year. However, TN Visas are temporary visas and not intended for lifetime stays in the U.S. TN Visa holders who intend to stay in the U.S. should seek H-1B Visa sponsorship and apply for a Green Card.

F-1 Visas with OPT

• Optional Practical Training, called OPT, is work authorization issued to F-1 Visa holders after they graduate from school.
• To apply for an F-1 Visa with OPT, individuals need to obtain Form I-20 and receive authorization from a school official for OPT work authorization. They also need to apply for an Employment Authorization Document (AED), which is required for starting employment under OPT work authorization, through the U.S.C.I.S.
• Obtaining OPT work authorization can take up to 90 days, which is the approximate waiting time for the AED to be issued by the U.S.C.I.S.
• OPT valid dates are usually the AED valid dates and are not specific to the job. OPT work authorizations are valid for one year after the course of study is complete and OPT work authorizations cannot be renewed after the one-year limit has elapsed. Once an individual is no longer eligible for Curricular Practical Training (CPT) or OPT work authorization, they will need to obtain an H-1B Visa in order to remain in legal work status.

E-3 Visas

• E-3 Visas are issued to Australian citizens.
• E-3 Visas are capped at 10,500. Currently, there are plenty available.
• To obtain an E-3 Visa, individuals must be in a specialty occupation and have an equivalent to a U.S. bachelor's degree or higher.
• E-3 Visas are temporary and the initial Visa is granted for two years. Extensions may be issued indefinitely provided the individual is able to demonstrate that they do not intend to remain or work permanently in the U.S.
• Dependent spouses can obtain AED work authorization cards.

Other Visa Information

E-1 and E-2 Visas (for spouses of primary E-1 / E-2 Visa holders)

• E-1 Visas are issued to foreign nationals of a treaty nation to enter the U.S. and carry out substantial trade.
• E-2 Visas are for entrepreneurs from treaty countries investing substantially in a U.S. enterprise.

L-2 Visas (spouse of L-1 Visa holder) are intra-community transfer visas issued to individuals being transferred to the U.S. to work legally for a U.S. company that is a branch, subsidiary, affiliate, or joint venture of a company that already employs the individual outside the U.S.

J-1 Visas are issued to participants of a cultural exchange program.

TPS (Temporary Protected Status) Visas are granted to nationals of certain countries that are experiencing extreme difficulties (such as armed conflict or environmental disasters) where a serious threat would be posed to their safety if they returned.

For more visa information, visit the United States Immigration Support site at www.usimmigrationsupport.org.

Note: The above information is based on 2007 figures and is subject to change.