Non-Immigrant Visa Options




L-1


The L-intra-company transfer visa is available to those in managerial or executive positions in multinational corporations. It allows foreign companies to expand their businesses to the US, ensuring they use their inhouse talent to jump-start their ventures into the United States. 


The L-1 is also a way for foreign entities to legally establish itself, and initiate its new business within the United States.


For an L-1 there must be: 

  1. a qualifying relationship between the business abroad and the U.S company; 
  2. both the foreign affiliate, branch, subsidiary or parent company abroad and the U.S company must remain active and viable for the entire duration of the employment; 
  3. the foreign worker must have been employed with the foreign branch for at least one year within the past three years in a qualifying position;
  4. that qualifying position is either a managerial, executive or a specialized knowledge employee; and 
  5. finally, the beneficiary worker must have been performing similar duties in the US for that company. 


Further down the track, should the multinational require an employee with the specialized skill on a permanent basis, it may sponsor the worker from an L-1 to an EB-1C manager or executive immigrant visa if all requirements are met. While both the L-1 and EB-1C both require a year abroad with the multinational, as well as the specialized skill, the EB-1C has its own separate requirements to meet. 

O-1


Commonly known as the ‘artist’s visa’, the O-1 visa is typically used for those with extraordinary ability or achievement in motion picture or television industry, as well as those in athletics, the sciences, arts, education, or even business.


If a foreign national is able to demonstrate a sustained record of being recognized nationally or internationally for their achievements, the beneficiary is able to apply for this nonimmigrant visa. Extraordinary ability carries different meaning depending on the field. 



  • O-1A: (sciences, education business or athletics): this means distinction: meaning a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinally encountered. One must rise to the degree of prominence, and be described as renowned, leading or well-known in the field. 
  • O-1B: (motion picture or television field): here this means evidenced by a degree of skill and recognition, significantly above that ordinarily encountered. Must demonstrate the beneficiary is recognized as: notable, outstanding or leading in the motion picture and/or television industry. 


A spouse and children under 21 years of age may join for the same period of time, and study is permitted on full time or part time basis. However, they may not work in the United States throughout the duration of the classification. 


E-3


Specifically for Australian Nationals in Specialty Occupation Professions, the E-3 is a treaty-based visa that is similar but offers greater flexibility than the H-1B. 


Unlike the H-1B, some of the E-3’s distinguishing features, offers temporary entrants in specialty occupations:


  1. Only available to Australian citizens;
  2. Allows the E-3 holder’s spouse the ability to work in the United States, regardless of their nationality;
  3. No lottery and may apply at any time;
  4. The cap is hardly or ever reached; and
  5. It is renewable indefinitely (in two-year increments)


Aussies may apply directly at the US Consulate, or if they are in the United States, may apply to change their status to E-3.

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