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Work visa

Well, although most non-immigrant type visas for temporary workers offer renewal periods, there is a maximum time limit to remain under that status. It is therefore important to plan what to do after the period of work in the United States is completed.

In some cases, the employer company that has sponsored the foreigner to obtain a temporary worker visa may also serve as a sponsor for him to legally immigrate to the country and receive his residence or green card based on employment. This type of procedure, which usually takes three to four years, can be initiated while the foreigner has a valid temporary work visa and works for his sponsoring company. If your green card is approved in this way, you can adjust your status to a resident while in the country, as long as you keep your previous temporary worker status in force at the time of the change.

Below is a list of the types of temporary work visas, their renewals and the maximum length of stay they allow in the United States (based on information provided by the US Citizenship and Immigration Services - USCIS):

E-1: merchants who are citizens of countries that have trade or navigation treaties with the United States and who arrive in the country for making substantial commercial exchange, mainly between their country of nationality and the United States, including the exchange of services or technology.

E-2: investors who are citizens of countries that have trade or navigation agreements with the United States and who arrive in the country to develop and direct operations of a company in which these foreigners have invested or are in the process of investing a considerable sum of capital.

Conditions for both Visas: Initial time of stay: two years. Renewals: for two-year periods, without limitations, with some exceptions. Maximum length of stay: no limitations, with some exceptions.

H1-B: specialized workers (professionals with a bachelor's degree, technical degree, or work experience equivalent to having graduated from a US academic institution). Initial length of stay: up to three years. Renewals: a single three-year. Maximum length of stay: six years.

H1-C: registered nurses (certified by the Commission of Foreign Graduated Nurses) who come to the country to work in a hospital or medical center that has a shortage of these professionals. Initial length of stay: up to three years. Renewals: up to three years in total.

Maximum length of stay: three years.

L-1A: by intra-company transfer from a branch outside the United States to one already operating in the country or about to open.

Initial length of stay: If you join an office that is already, open, three years. If you arrive at a new office, one year. Renewals: for periods of two years. Maximum length of stay: seven years.

L-1B: by intra-company transfer from a branch outside the United States to one already operating in the country or about to open.

Initial length of stay: If you join an office that is already, open, three years. If you arrive at a new office, one year. Renewals: for periods of two years. Maximum length of stay: five years.

Alternatively: people of extraordinary ability in the sciences, arts, education, business, or sports. Initial length of stay: three years. Renewals: one year. Maximum length of stay: if limit now.

Q: (P-1, P-2, P-3, P-4): athletes and entertainment professionals internationally recognized for their careers, artists and entertainment professionals under reciprocal exchange programs or under a culturally unique program.

Initial time of stay: individual athletes up to five years. Athletes and entertainment groups, one year. Renewals: individual athletes, period of up to five years. Athletes and entertainment groups, one year. Maximum length of stay: individual athletes, 10 years. Athletes and entertainment groups, with no maximum stay limit now.

Q: participants in international cultural exchange programs.

Initial length of stay: up to 15 months. Renewals: up to 15 months in total. Maximum length of stay: 15 months.

R (R-1 and R-2): temporary workers in religious occupations.

Initial length of stay: three years. Renewals: for periods of two years. Maximum length of stay: five years.

Common questions:

How to get a Green Card with a work visa?

However, there is a type of visa that requires the applicant to have a job offer from a local company in order to fulfill the American dream. The EB-3 visa grants a work permit in the United States based on an offer of employment and grants the Green Card to the applicant and his/her family.

How to apply for a work visa in the US?

The petitioner must file a specific form with the USCIS. Applicants for non-US workers will need to apply for the H-2B visa at a US embassy or consulate abroad and then apply for admission at a port of entry.

How to go to the United States legally to work?

You can get it through investment (EB5 visa), existence of American relatives or through work visas required by the employer. In the latter case, the employer must send a letter of application/employment to the employee so that he is entitled to work there.

How long does it take to receive a visa after the interview?

How long does the visa last? After the interview with the consular officer has been carried out and the US visa has been approved, the passport will be held at the Consulate for posting the visa and will be sent to the address indicated within 10 to 20 business days.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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