A B-1 visa is for persons temporarily entering the U.S. to attend meetings and consultations. It is not a work visa, but you need to track the amount of time that the person spends in the U.S. to avoid tax liability. The B-1, however, is used for a number of other temporary, non-work purposes.
After Sales Contract Services
When a U.S. company enters into a sales contract with a foreign company, there is usually an after sales services clause or even a separate contract for after sales services. So, any person sent to the U.S. to provide such after sales services pursuant to the contract will need to obtain a B-1 visa and provide a copy of the contract at the time of entry.
Outer Continental Shelf
Persons passing through the U.S. to render services on a vessel located on the Outer Continental Shelf will need to obtain a B-1 visa with an “OCS” notation. There is some advance work that needs to be done to overcome the U.S. citizenship manning requirements for vessels located on the Outer Continental Shelf. Normally, you will need to apply for a U.S. Coast Guard exemption letter in advance if the vessel is involved in mineral extraction from the Outer Continental Shelf.
Students attending foreign medical schools that require an internship as part of the degree requirements for graduation will need to apply for a B-1 visa.
Patients seeking medical care in the U.S. because such care is not readily available in their country can apply for a B-1 visa. You will need evidence of your diagnosis and recommended treatment from your physician abroad and evidence that a U.S. physician can provide such treatment.
Treatey Trader or Investor
Some companies will register their companies with a U.S. Consulate to streamline this process for their employees that share the citizenship of the company. Although this registration is not required, it establishes in advance that the company is qualified and all that is left for the Consulate to examine is the employee’s qualifications and admissibility.
For citizens of Australia, the E-3 category is a great alternative to the H-1B cap. Unlike the H-1B, there is no cap and the application can be made at a U.S. Consulate without having to apply at the USCIS first. This is a significant time saver given the long adjudication timelines at the USCIS. For Australians already in the U.S. in another status, a change of status application can be made with the USCIS. Most Australians, however, prefer to apply at a Consulate because of the long USCIS adjudication timelines.
- Curricular Practical Training (CPT)
- Optional Practical Training (OPT)
- STEM Extension
The H-1B category requires pre-registration for a non-cap-exempt petition to be selected in the annual lottery. If your registration is selected, then you can file a full application. In the past, the USCIS has held up to two additional drawings after the first drawing to ensure there are enough applications to satisfy the cap.
- Employer Associations
L-1A Executive or High-Level Managers
The main issue that the USCIS looks for in L-1A applications is whether the beneficiary of the petition has been primarily engaged in duties of an executive or high-level manager abroad and will also be engaged in such duties in the U.S. Sounds straightforward, but if you don’t understand how to write a job description that goes beyond listing the duties, you will receive a request for evidence. You need to be able to explain the nature of the duties and provide an explanation supported by documentary evidence of how the Beneficiary will and has performed the executive or high-level manager duty. We will work with you to develop the explanation and gather the evidence of how the duty has and will be performed in a way that satisfies the government’s requirements.
L-1B Specialized Knowledge Workers
The main issues in L-1B petitions are whether the job duties are specialized as required under the law and whether you can demonstrate how the Beneficiary obtained such specialized knowledge of your company’s products or processes. The key here is to clearly identify what the knowledge entails and show why it is specialized within the context of the company and the industry as a whole. We will work with you to develop a clear description of the knowledge as it exists within the context of your company and the industry. Then we will help you to gather evidence of where or how the Beneficiary obtained the specialized knowledge and explain to the USCIS how it is applied within your company so that it satisfies the requirements of the law.
Blanket L Petitions
The reason that it is called a “Blanket” petition is because it covers all of a company’s related entities. This means that you can transfer employees from any of the foreign entities listed on the petition to the U.S. without having to wait for the USCIS to approve an application. Rather, the employee can go straight to the U.S. Embassy or Consulate in their country to make the application. This can save valuable time when you need to transfer an employee quickly. Upon approval, the petition is valid indefinitely until a change is made in the corporate structure. If there is a change in the corporate structure, an amended petition will be necessary.
- Scientific Technicians and Technologists
- Management Consultants