H-1B Visa : The H-1B nonimmigrant visa is issued to professionals seeking temporary status as specialists in occupations such as lawyer, accountant, computer analyst, engineer, financial analyst, scientist, architect, pharmacist, nurse, and many more. The offered salary must not be less than what the U.S. Department of Labor determines is the prevailing salary for that job in the employer's city. The H-1B is approved for an initial period up to three years. The maximum term of an H-1B visa is six years, including extensions. This is a very complex visa with changing regulations; so each case must be evaluated on its particular facts and circumstances.

H-1B1 Visa: With implementation of the United States – Chile Free Trade Agreement on January 1, 2004, Chilean nationals became eligible for the treaty-established H-1B1 nonimmigrant visa . The applicant must be engaged in a specialty occupation such as jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources. Unlike a traditional H-1B visa, an applicant for a H-1B1 visa must demonstrate that they intend to return to Chile when their temporary job is finished. The U.S. employer is not required to submit an application with the U.S. Citizenship and Immigration Services. The applicant must bring the visa application form and the supporting documentation to the Santiago Consular Section of the U.S. Embassy. Extensions and renewals are allowed, but adjustment of status to legal permanent residency is not permitted.

The U.S.-Singapore Free Trade Agreement, which took effect on January 1, 2004, enforced similar provisions for the H-1B1 non-immigrant work visa for Singaporean citizens.

H-1C Visa : The H-1C nonimmigrant visa applies to nurses coming to the U.S. to perform nursing services in medically underserved areas for a temporary period up to three years. The Nursing Relief for Disadvantaged Areas Act of 1999 has been reauthorized for an additional three years, and will expire on December 20, 2009.

O-1 Visa : The O-1 nonimmigrant visa category applies to foreigners of extraordinary ability in the arts, athletics, sciences, education, business, or the motion picture or television industry who are coming to the United States to perform temporary services relating to an event or events. "Extraordinary ability" means that the person has reached a level of expertise or skill indicating that he/she is one of a small percentage who have raised to the top of his/her field of endeavor. An O-1 visa may be valid for the period necessary to accomplish the event or activity, up to three (3) years initially. It may be renewed year by year without limit.

E-2 Visa : To qualify for an E-2 nonimmigrant investor visa, the applicant must be coming to the U.S. to carry on substantial trade or to develop and direct operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital.

TN Professionals : A citizen of Canada or Mexico may work temporarily in a professional occupation such as lawyer, accountant, architect, computer systems analyst, medical/allied professional, scientist, teacher and many more, provided that the person possesses the specific qualifications for that profession. The maximum period of initial stay is one year, with unlimited one-year extensions.

I Visa : Members of the press, radio, or film whose activities are essential to a foreign media function, including reporters, film crews, editors, photographers and persons in similar occupations, traveling on essentially informational assignments to the U.S. such as reporting on events, require “I” visas. If the project is of commercial or entertainment value the appropriate employment-based O , P or H visa will be required instead. Freelance journalists will only be considered for the “I” visa if they are under contract with a media organization.

Nothing on this or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. This information is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an attorney experienced in immigration law.

LAW OFFICE OF ALEXUS P. SHAM - 2009