The Criteria for Obtaining a Work Visa in the United States

The criteria for obtaining a work visa in the United States varies depending on the type of visa being sought. The two main work visa categories are the H-1B visa and the L-1 visa.

H-1B Visa

To be eligible for an H-1B visa, the applicant must:

1. Have a job offer from a U.S. employer and the job must be in a specialty occupation that requires specialized knowledge and a bachelor's degree or higher in a related field.
2. Possess the required education or experience to perform the duties of the specialty occupation.
3. Be paid the prevailing wage for the job in the area where the employee will be working.
4. Meet any additional requirements set forth by the U.S. Citizenship and Immigration Services (USCIS).

L-1 Visa

To be eligible for an L-1 visa, the applicant must:

1. Have worked for a company abroad for at least one year.
2. Be transferred to the U.S. branch or affiliate of that company to work in a managerial, executive, or specialized knowledge capacity.
3. Demonstrate that the U.S. company has a qualifying relationship with the foreign company, such as parent/subsidiary, affiliate, or joint venture.
4. Meet any additional requirements set forth by the USCIS.

It is important to note that there are limitations and exceptions to these requirements, and that each individual case may have unique factors that could impact eligibility for a work visa. For example, certain professions may have additional requirements or may be subject to quotas or caps. It is recommended that applicants seek the advice of a licensed attorney to ensure that they meet all the requirements and to discuss any potential issues or challenges.