Employment-Based
Non-Immigrant Visas
DeGrio Channing Law, PLLC offers a wide variety of services to obtain employment-based visas that serve and meet the needs of both employers and employees. In some instances, employees may self-petition for certain visa categories. We work with businesses of all sizes - from solo and small employers to large multinational corporations. We understand that one size doesn’t fit all and offer creative solutions tailored to your individual goals.
Non-Immigrant Visas
A non-immigrant visa allows a foreign national to temporarily enter or temporarily remain in the United States for the purposes of tourism, business, medical treatment and certain types of temporary work. DeGrio Law handles the following types of non-immigrant visas:
Employment Based Visas
The O-1A visa is for individuals with extraordinary ability in the sciences, education, business, or athletics. DeGrio Law will only handle sciences and business cases.
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In order to demonstrate eligibility, the applicant must show extraordinary ability by sustained national or international acclaim and must be coming to the United States to continue work in the area of extraordinary ability by providing proof of receipt of a major internationally recognized award (like the Nobel Peace Prize) or meeting at least 3 of the 8 criteria listed below:
Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation
Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought
Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field
Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence
The initial period of stay is up to three years, with a possibility of one year extensions.
Spouses and minor children of O-1 visa holders are eligible for O-3 visa status. O-3 visa holders cannot lawfully work in the United States.
More information regarding O-1A
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The L-1A visa allows a US employer to transfer an executive or manager from one of its foreign affiliates to a US location.
The U.S. employer must have a qualifying relationship with a foreign company and must be doing business in the U.S. for the duration of the beneficiary’s stay.
The beneficiary must meet the executive capacity (employee’s ability to make decisions with a wide latitude of discretion) or managerial capacity (employee’s ability to supervise and control the work of other professional workers or manage an essential function of the employer) criteria.
Qualified employees (who are not establishing a new office) will be allowed a maximum stay of up to 3 years. Extensions may be filed in 2 year increments and the entire term of the L-1A stay cannot exceed 7 years.
The employee’s spouse and minor children can obtain L-2 visas. The L-2 spouse is also considered an employment authorized incident to status.
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The L-1B visa allows a US employer to transfer a professional employee with specialized knowledge related to the employer’s interests from a foreign office to a US office.
The US employer must have a qualifying relationship with a foreign company and must be doing business in the US for the duration of the beneficiary’s stay.
The employee must possess specialized knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
The initial period of stay is either 1 year (new offices) or 3 years (existing offices). Extensions may be filed in 2 year increments and the entire term of the L-1B stay cannot exceed 5 years.
The employee’s spouse and minor children can obtain L-2 visas. The L-2 spouse is also considered an employment authorized incident to status.
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The TN NAFTA professional visa is reserved for qualified Canadian and Mexican citizens to seek temporary entry and work authorization in the United States.
Canadian citizens may present for entry at the border and are not required to obtain a TN visa stamp at a US Consulate or Embassy. Canadian citizens, if lawfully in the United States, may also be eligible to file for a change of status to TN visa status with USCIS.
Mexican citizens must obtain a TN visa stamp from a US Consulate or Embassy to enter as a TN visa holder.
An applicant must show:
Canadian or Mexican citizenship
That the applicant’s profession qualifies
That the position in the United States requires a NAFTA professional
There is a job offer with a US employer
Qualifications to practice in the profession
The initial period of stay is up to 3 years. Spouses and minor children are eligible for TD visa status. TD visa holders cannot lawfully work in the United States.
Treater Trader and Treaty Investor
E-1 and E-2 Visas
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E-1 treaty trader is a visa classification that allows a national of a treaty country to come to the United States to engage in international trade. Certain employees of the treaty trader may also be eligible for this visa status.
To meet eligibility the treaty trader must demonstrate all criteria below:
1. Be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation
2. Carry on substantial trade; and
3. Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:
Goods
Services
International banking
Insurance
Transportation
Tourism
Technology and its transfer
Period of stay is up to 2 years with requests for extensions of stay may be granted in increments of an additional 2 years. There is no limit on the number of extensions of stays, as long as the treaty trader continues to intend to depart at the end of the stay.
Spouses and minor children may be eligible for E-2 dependent status. Spouses of E-2 may engage in employment authorization incident to status.
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E-2 treaty investor visa classification allows a national of a treaty country to come to the United States to invest a substantial amount of capital in a US business. Certain employees of the treaty investor may also be eligible for this visa status.
To meet eligibility the treaty investor must demonstrate all of the criteria below:
Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device
Period of stay is up to 2 years with requests for extensions of stay may be granted in increments of an additional 2 years. There is no limit on the number of extensions of stays, as long as the treaty investor continues to intend to depart at the end of the stay.
Spouses and minor children may be eligible for E-2 dependent status. Spouses of E-2 may engage in employment authorization incident to status.
Difference Between Change of Status and Consular Processing
Change of status is reserved for applicants physically present in the United States who are eligible to change from one non-immigrant visa status to another.
Consular processing refers to the process of seeking a visa stamp at a US Embassy or Consulate in order to return to the United States in a particular visa status. Some applicants are not eligible for a change of status and must consular process. Even if you are granted a change of status, you may need to go through a consular process if you have international travel and do not possess the required visa stamp in your passport to return to the United States.
2 Year Foreign Residence Requirement
J-1 Visa Holders
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What is it? Some J-1 and J-2 exchange visitors are subject to a two-year home-country physical presence requirement. This means that you must return home for at least two years after your program ends.
How does it impact my case? For example, a qualified applicant could apply for an O-1A visa and would need to go through a consular process to obtain the O-1A visa status instead of applying for a change of status. Those who are subject to the residence requirement are:
Not eligible for certain visa categories
Unable to file a change of status to eligible visa categories
Not eligible to file for adjustment of status.
How do I overcome it/waiver? There is also a process to apply for a waiver of the foreign residence requirement. The waiver process is highly dependent on the type of government funding the exchange visitor has received.
More information on this process can be found at