DeLand County Work Visa Lawyer

H-2B Visa – Temporary Non-Agricultural Workers

The H-2B visa permits U.S. employers to hire temporary non-agricultural foreign workers for seasonal, peak load, intermittent, or one-time occurrence jobs. It is authorized under INA §101(a)(15)(H)(ii)(b) and regulated by 8 CFR §214.2(h)(6). Employers must obtain a temporary labor certification from the Department of Labor, proving a lack of available U.S. workers and that hiring foreign workers won't adversely affect U.S. wages or working conditions. Common H-2B roles include hospitality, landscaping, construction, and seafood processing. The annual cap is 66,000 visas, split between the first and second halves of the fiscal year.

TN Visa – Canadian and Mexican Professionals

The TN (Trade NAFTA) visa allows qualified Canadian and Mexican citizens to work in the U.S. in designated professional occupations under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It is governed by INA §214(e) and 8 CFR §214.6. Eligible professions include accountants, engineers, scientists, teachers, and more—typically requiring a bachelor’s degree. Canadians may apply directly at a U.S. port of entry, while Mexicans must first obtain a visa at a U.S. consulate. The TN visa is initially valid for up to three years and is renewable indefinitely, provided employment remains temporary.

O-1 Visa – Individuals with Extraordinary Ability or Achievement

The O-1 visa is for individuals who possess extraordinary ability in sciences, arts, education, business, or athletics (O-1A), or who have demonstrated extraordinary achievement in film or television (O-1B). It is governed by INA §101(a)(15)(O) and 8 CFR §214.2(o). Applicants must provide evidence such as major awards, published material, or high salary. A U.S. employer or agent must file Form I-129 with documentation and an advisory opinion. The initial period is up to three years, with extensions granted in one-year increments. This visa is ideal for top-tier professionals, artists, and creatives.

P Visa – Entertainers and Athletes

The P visa category is designed for athletes, artists, and entertainers coming to the U.S. temporarily to perform, compete, or participate in culturally unique programs. It is governed by INA §101(a)(15)(P) and 8 CFR §214.2(p).

• P-1A: For internationally recognized athletes or athletic teams.
• P-1B: For members of internationally recognized entertainment groups.
• P-2: For artists or entertainers in reciprocal exchange programs.
• P-3: For culturally unique performers.
  A U.S. employer must file Form I-129 with supporting documentation. Visas are typically valid for the duration of the event or performance, up to 1 year.

R-1 Visa – Religious Workers

The R-1 visa allows foreign nationals to enter the U.S. temporarily to work as ministers or in religious vocations or occupations for a nonprofit religious organization. It is authorized under INA §101(a)(15)(R) and governed by 8 CFR §214.2(r). Applicants must have been a member of a bona fide religious denomination for at least two years before applying. The U.S. employer must file Form I-129 with evidence of the religious organization’s nonprofit status and the worker’s qualifications. The visa is initially granted for up to 30 months, extendable to a maximum of 5 years.

E-1 Visa – Treaty Traders

The E-1 visa allows nationals of countries with a qualifying treaty of commerce and navigation with the U.S. to enter for the purpose of engaging in substantial international trade between the U.S. and their home country. It is governed by INA §101(a)(15)(E)(i) and 8 CFR §214.2(e). The applicant must work in a supervisory or executive role or possess essential skills. Trade can include goods, services, banking, insurance, tourism, and technology. There is no set limit on the visa’s duration, but it is typically issued for up to 2 years and can be renewed indefinitely.

E-2 Visa – Treaty Investors

The E-2 visa is for nationals of countries with a qualifying treaty with the U.S. who invest a substantial amount of capital in a U.S. business. It is governed by INA §101(a)(15)(E)(ii) and 8 CFR §214.2(e). The investor must own at least 50% of the enterprise or control it through a managerial role and must be entering the U.S. to develop and direct the investment. There is no fixed minimum investment, but it must be proportional to the type of business. The visa is typically granted for up to 2 years, with unlimited renewals.

E-3 Visa – Specialty Workers from Australia

The E-3 visa allows Australian nationals to work in the U.S. in specialty occupations that require at least a bachelor's degree or its equivalent. This visa is unique to Australians and is governed by INA §101(a)(15)(E)(iii) and 8 CFR §214.2(e). Applicants must have a job offer in a specialty occupation, and the U.S. employer must submit a Labor Condition Application (LCA) to the Department of Labor. The E-3 visa is typically issued for 2 years and can be renewed indefinitely, provided the individual remains employed in the specialty occupation.

L-1 Visa – Intracompany Transferees

The L-1 visa allows multinational companies to transfer employees to a U.S. branch, subsidiary, affiliate, or parent company. It is governed by INA §101(a)(15)(L) and 8 CFR §214.2(l). There are two types:

• L-1A for executives or managers, valid for up to 7 years.
• L-1B for employees with specialized knowledge, valid for up to 5 years.
  The employee must have worked for the company abroad for at least one year in the last three years before applying. This visa allows U.S. employers to bring qualified individuals to support business expansion.

L-1A Visa – Manager or Executive Transferee

The L-1A visa is designed for managers or executives of multinational companies who are being transferred to a U.S. branch, subsidiary, or affiliate. It is governed by INA §101(a)(15)(L) and 8 CFR §214.2(l). Applicants must have worked for the company abroad for at least one year within the past three years in a managerial or executive capacity. The L-1A visa is initially granted for one year for new offices or up to 3 years for established offices, and can be extended for a total of 7 years. It facilitates business expansion into the U.S.

L-1B Visa – Specialized Knowledge Transferee

The L-1B visa allows employees with specialized knowledge to be transferred from a foreign office to a U.S. branch, subsidiary, affiliate, or parent company. This visa is governed by INA §101(a)(15)(L) and 8 CFR §214.2(l). To qualify, the employee must have worked for the company abroad for at least one year within the last three years and possess knowledge that is specific to the company's products, services, or processes. The L-1B visa is initially valid for one year for new offices and up to 5 years for existing offices.