Work Visa USA (2024)

The most frequently asked questions about work visas

EAD 13

C-1/D Visum 16

E-1/E-2 Visum 24

H-1B Visum 8

I-Visum 13

L-1 Visum 17

O-1 Visum 19

TN visa 7

Family members of B-1 visa holders who wish to travel to the United States require their own visa. If your family members are not participating in the planned business activities, they may be eligible for a B-2 tourist visa.

You need a work visa whenever you want to work in the United States on a temporary basis. As described, there are different work visas for the USA. These so-called U.S. nonimmigrant visas differ, for example, in the type of work the applicant does, the length of stay and the type of visa application process. Please note that most U.S. work visas are complex and time-consuming procedures. Of course, we will be happy to advise you on the selection of the appropriate visa category and take care of the complete application process for you or your employees. Contact us today.

Spouses and unmarried children under 21 years of age are also granted a derived E-2 visa for the same period as the main applicant. Spouses may also apply for their own Employment Authorization Document (EAD), which is not tied to a specific job or the principal applicant's company. This is usually valid for two years, but can be extended for another two years.

Family members under E-2 status can also attend public or private educational institutions. As soon as the children reach the age of majority in the United States, they must either change their nonimmigrant status or leave the country.

Accompanying spouses and unmarried children up to the age of 21 years are granted a derived status on application and thus also an E-1 visa. Spouses with an E-1 visa may apply for an Employment Authorization Document (EAD) from the USCIS after entering the United States, which is not tied to a specific job or the main applicant's company, and thus may work in the U.S. independently of their spouse.

This work permit is issued for two years, with the possibility of an extension for a further two years up to the maximum duration of stay of the E-1 visa holder.

Children of E-1 visa holders may attend educational institutions (schools / universities), but may not engage in paid employment. If the children reach the age of majority in force in the U.S., they must change their nonimmigrant status or leave the country.

The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.

The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.

Spouses and unmarried children under 21 years of age shall be issued a derived O-3 visa upon application for the same period as the main applicant. However, if the children reach the age of majority valid in the U.S., they must change their nonimmigrant status or leave the country.

Spouses cannot obtain their own Employment Authorization Document (EAD) with the O-3 Visa. Therefore, taking up employment is generally not permitted, also not for children.Spouses and children can attend private and public educational institutions with the O-3 visa.

An Employment Authorization Document EAD is usually issued for at least one year. Of course, it can happen within this period that you find a new job and want to change your current employer in the United States.
If you are in possession of a valid EAD, this is not a problem at all, since the General Work Permit – unlike a U.S. work visa for the – is not tied to a specific U.S. company.
However, you must make sure to apply for a new EAD in time before your current General Work Permit expires.

A Labor Certification is the first step in applying for the Green Card. The application is made by the U.S. employer to the U.S. Department of Labor. This process determines whether or not there is a qualified U.S. employee in the U.S. labor market for the position to be filled. The goal of a Labor Certification is therefore to protect U.S. workers and the U.S. labor market by ensuring that foreign workers cannot replace equally qualified U.S. workers.

Unlike a Labor Certification, which only applies to a specific U.S. employer or job offer, the Employment Authorization Document (EAD) is a general work permit that authorizes the foreign employee to work for any U.S. employer in the United States.

Another difference is that the U.S. employer applies for the Labor Certification at the beginning of the foreign employee's Green Card application. The EAD, on the other hand, is only applied for after the foreign employee or his or her spouse has been granted a residence permit for the U.S. (for instance, in the course of an adjustment of Status, i.e. form I-485).

Finally, Labor Certification and EAD are also distinguished because U.S. law prohibits the foreign employee from paying for the costs of a Labor Certification. On the contrary, the person applying for an EAD is allowed to bear some or all of the costs of the EAD.

Spouses and unmarried children under the age of 21 shall be issued a derived I visa for the same period as the main applicant. If the children reach the American age of majority, they must change their non-immigrant status or leave the country.

Family members are not allowed to work. Consequently, it is not possible to apply for a general work permit (Employment Authorization Document, EAD) under I status. However, I visa holders may attend a public or private educational institution.

Accompanying family members of I visa holders can travel to the USA visa-free for up to 90 days if their nationality permits visa-free entry.

Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.

IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is the Visa Reissuance Program.

All applicants of a nonimmigrant visa must be in addition to the online application DS-160 create a visa profile on the website of the Visa Information Service for the purpose of making an appointment and paying the visa processing fee.

In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.

The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.

Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

Yes. Because the H-1B visa can only be applied for with the involvement of the US company, a US job offer is mandatory. For the rest US work visas generally cannot be applied for without a specific job offer. In addition, the application may normally only be filed by the US employer ("Petitioner") and not by the foreign worker ("Beneficiary").

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

The application process begins with the U.S. company that wants to hire you. The U.S. employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

In the event that the employment contract is terminated, the U.S. work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employeealso lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.

This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the U.S. for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.

Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the U.S. border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.

Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.

No, Global Entry is not usable with all US visas without exception. If you are a holder:in one of the following visas, then you are excluded from Global Entry:

C-1
C-2
C-3
H-1C
H-2A
H-2B
H-2R
H-3
K-1
K-2
K-3
K-4
M-1
M-2
N-8
N-9
Q-1
Q-2
Q-3
S-5
S-6
S-7
T-1
T-2
T-3
T-4
T-5
U-1
U-2
U-3
U-4
U-5

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

Applications for C-1/D visas are filed with the appropriate United States Consulate in the home country (not the country of origin).
Generally, the application for a U.S. visa is made in the country where the applicant's current center of life is located. In Germany, for example, an application can be filed at the U.S. Consulate in Frankfurt/Main, Berlin or Munich. In Austria the Consulate General in Vienna is responsible, in Switzerland the U.S. Consulate in Bern.
IMPORTANT:Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, in which case the application is submitted by mail). Another exception at present is the Interview Waiver Program .
As of Dec. 14, 2013, there is a new process for processing U.S. nonimmigrant visas. All nonimmigrant visa applicants, in addition to filing the DS-160 online application, must now have a profile on the website of the new Visa Information Service CGI Stanley create for the purpose of making an appointment and paying the visa processing fee.
In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic transfer), credit card or cash at a bank. Usually, you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.
Interview appointments must be made either online on the CGI Stanley website or by calling the CGI Call Center at +49 (0)32221093243. If you make the appointment online via your profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the entire process all over again and pay the visa fee again. You can find the current fees on the official website of the U.S. State Department. If your visa is rejected, the fee will not be refunded.
During peak travel periods (summer and winter months), wait times of up to four weeks can easily occur. Please make every effort to schedule an appointment well in advance, as U.S. officials cannot and will not accommodate individual travel schedules.
Please prepare your application carefully, as applications are quite strictly reviewed. Basically, at the interview appointment, applicants must complete the common application form DS-160and the "Appointment Confirmation" with them and provide verifiable proof of their firm professional and private ties to their home country (not the USA!) as well as their intention to return to their home country. In addition, the legislator requires documents on the professional activity, the employer, proof of qualification, etc.. The employment contract with the employer must be presented. The employment contract with an airline or shipping company must be presented, which certifies transit through the USA, onward travel to a third country or the approach or approach to the country as regularly necessary. In addition, a letter from the foreign employer noting the exact occupation on board and the duration of the assignment is expected.
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!

Generally, combined crew member/transit visas are issued for ten years (varies by nationality), but may be limited to shorter periods by the consular officer.

Not only the applicants themselves, but also the foreign employer must meet certain requirements to qualify for the C-1/D category. For example, crewmember visas are issued only to employees of commercial, international shipping companies and airlines. Employees on private yachts or jets that are not part of a shipping company or airline registered with U.S. authorities require aB-1 Visa.
The use of visa-free entry (Visa Waiver Program) is not possible in this case.

Strictly speaking, the C-1/D category does not constitute a U.S. work visa. In fact, it only allows you to work for a shipping company or airline located outside the United States - and thus to work on its behalf on U.S. territory.
C-1/D visa holders are therefore not permitted to work for a U.S. employer. If this is planned, a work visa (H, L or E visa) must be applied for in advance.

U.S. law does not provide for an extension of status and/or change of status for C-1/D visa holders within the United States. Crew members staying in the U.S. therefore cannot, for example, apply to U.S. Immigration for a work visa or even a green card, or extend your stay locally.

Accompanying spouses and unmarried children up to age 21 do not receive a derivative visa (unlike other categories such as H-1B or L-1). If family members wish to accompany crew members, for example, aB-2 Visitor visa be applied for.
IMPORTANT:The B-2 visa does not allow for employment or attendance at an educational institution!

As mentioned, airline or shipping company personnel qualify for a C-1/D visa: For example, pilots, captains, stewards, technicians, musicians and entertainers on board, seamen, flight attendants, rescue workers, and any other workers on board who provide services.

As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.

As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the U.S. location.

Spouses and unmarried children under the age of 21 may receive a so-called derived E-1 visa obtained. The duration of validity depends on the citizenship of the family members and is possible for maximum for the same period as the main applicant. Spouses have the option to work for any U.S. employer: either by applying for their own work permit (Employment Authorization Document, EAD), or corresponding note on entry by the border guards.

Family members under E-1 status may also attend public or private educational institutions. Once children reach the U.S. age of majority, they must either change their nonimmigrant status or leave the country.

The following reasons make a successful E-1 application difficult or result in immediate rejection:

Employees with little professional experience or "low" qualifications
Past crimes
Involvement in drug offenses
A contagious disease of the employee
The imputation of an immigration intention
A presumption of illegal employment
Lack of application documentation

As a rule, applicants find out on the day of their interview whether the visa will be granted or not. In certain cases, the visa applicant receives a rejection letter from the consulate after a certain processing time. A rejection must not justified be

Once this has happened, it usually takes several months or even years before a new visa can be (successfully) applied for. Theoretically, the applicant has the following options No waiting time until the next submission. However, experience shows that without blatant improvement of the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a renewed application does not seem to make much sense.

Unlike most work visas, the application for an E-1 visa does not have to be filed with the U.S. Citizenship and Immigration Services but can be submitted directly to a US Consulate be applied for.

Also a E-1 visa cannot guarantee you entry into the USA. Here, the U.S. border officials have the final say and decide whether you are allowed to enter and for how long you will be granted residency status.

Spouses and unmarried children under 21 years of age can obtain a so-called derivative E-2 visa. The duration of validity depends on the citizenship of the family members and is possible for a maximum of the same period as the main applicant. Spouses have the option to work for any U.S. employer: either by applying for their own work permit (Employment Authorization Document, EAD), or corresponding note on entry by the border guards.

Family members under E-2 status may also attend public or private educational institutions. Once children reach the U.S. age of majority, they must either change their nonimmigrant status or leave the country.

The following reasons make a successful E-1 application difficult or could lead to immediate rejection:

Employees with little professional experience or "low" qualifications
Past offences
Involvement in drug law offences
An infectious disease of the employee
The assumption of an immigration intention
A presumption of illegal employment
Lack of application documentation

This work permit is issued for two years, with the possibility of an extension for a further two years up to the maximum duration of stay of the E-1 visa holder.

As a rule, applicants are informed on the day of their interview whether the visa will be issued or not.In certain cases, the visa applicant will receive a letter of refusal from the U.S. consulate after a certain processing time. A rejection does not have to be justified.

Once this has been done, a new visa can usually only be (successfully) applied for after several months or even years. In theory, there is no waiting period for the applicant until the next submission. However, experience has shown that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of professional expertise, etc.), a new application does not appear to make much sense.

Unlike most work visas, the application for an E-1 visa does not have to be submitted to U.S. Citizenship and Immigration Services, but can be applied for directly at a U.S. consulate.

Even an E-1 visa cannot guarantee you entry to the United States. In fact the CBP officers have the final say and decide whether you are allowed to enter and for how long you will receive a resident status.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

Employees or business owners must also meet a certain requirement profile to obtain an E-1 visa:

The applicant must be a citizen of the respective contracting country. This means that a company that is majority German-owned can only file E-1/E-2 applications for German citizens.
Only employees in executive or managerial positions, managers, or individuals with specialized knowledge qualify for the E-1/E-2 category.
Employees must be able to present either a German or American employment contract or secondment agreement with the company. This means that proof of regular employment within the group of companies must be provided.

NOTICE: There is no minimum period of employment for employees within the group of companies, as is the case with the L visa. Consequently, new personnel can also be sent or deployed in the USA via E-1/E-2 status. However, it is also necessary to prove that new employees who are not managers or directors have the necessary specialized knowledge.

In contrast to many other work visas, not only the respective applicants (employees and/or company owners) receive an E-1/E-2 visa and thus a work permit for the U.S. in the initial application process - rather, the U.S. company is simultaneously "registered" with the U.S. authorities for (usually) five years as a whole at the U.S. consulate (= E-registration).

What are the advantages of this registration process?
Within the next five years, additional employees (including new hires, if applicable) can be sent to or deployed at the U.S. company in a greatly simplified process.
This eliminates the need to submit an elaborate application in advance for additional E-1/E-2 visa processes within the approved registration period. Employees can present their documents directly at a personal interview appointment at the relevant U.S. consulate. The simplified procedure means considerable cost and time savings for the company. Especially in comparison to the expensive L-visa procedure, the E-status is therefore always an alternative worth considering!

Nationality link of e-registration
The only shortcoming of E-registration: the nationality requirement for personnel. This means that German companies can only issue E-1/E-2 visas to German nationals. The same applies to companies that have a different nationality. For example, a French company would only be allowed to issue E-1/E-2 visas to French employees.

Extension of e-registration
After expiration of the E-1/E-2 registration, an application for renewal can be filed at the U.S. Consulate. If the U.S. company already has more than 25 U.S. employees at that time, a simplified renewal procedure can be used.
To the extent that 25 or fewer U.S. citizens are employed, a complete new application (as in the initial registration process) must be submitted to the appropriate U.S. consulate.
In fact, as long as the U.S. company exists and the E-1 visa requirements are still met, the E-registration can be renewed indefinitely.

First of all, you have to distinguish between the period of validity of the visa and the period of stay granted at the US border (see FAQ What is the difference between visa and status?).

Period of validity of the e-visa
The validity period of an e-visa depends on the nationality. Depending on the nationality, is determined on the basis of the so-called Reciprocity Schedule decided how long the visa will be valid. For example, German citizens usually receive a five-year E-1 or E-2 visa. But the issuance of a one- or two-year E-visa is also possible if the E-registration of the company is limited to less than five years.
Although the company's registration is usually for five years, the registration may be limited to one or two years, especially if it is a smaller company that can demonstrate only small trading volumes. In addition, for smaller companies, the issuance of E-1/E-2 visas may be based on the remaining registration period. However, for medium to large companies with a high number of U.S. personnel, E visas are most often issued for five years, regardless of how long the E registration remains valid.

Length of stay upon entry into the USA
Upon entry into the U.S., the border agent decides how long an e-visa holder is allowed to stay in the U.S.. And the allowed length of stay of the e-visa holder will be indicated on his/her Form I-94 noted. In the rain, an e-visa holder receives a two-year residence permit for the first and all subsequent entries. The extension of the stay in the U.S. is unlimited as long as the registration of the U.S. company is available, the employee has a valid visa and the employee can prove a (German or American) employment contract or assignment contract within the group of companies.

Accompanying spouses and unmarried children up to 21 years of age will be granted derivative status upon application, and thus also an E-1/E-2 visa. Spouses with an E-1/E-2 visa may nfter entering the countryto the USA a General Work Permit (Employment Authorization Document, EAD) apply to the U.S. Citizenship and Immigration Services (USCIS) and thus pursue work in the U.S. independently of their spouse.
The work permit is issued for two years, with the possibility of extension for another two years, up to the maximum duration of stay of the E-1/E-2 visa holder.
Children of E-1/E-2 holders may of course attend educational institutions (schools/universities), but may not engage in paid work.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

The foreign employee's future H-1B position in the U.S. must be "H-1B capable" - meaning it must correspond to a "Specialty Occupations" activity.

U.S. immigration law recognizes a position as a "specialty occupation" if it meets one of the following four criteria:

Access to the position typically requires a bachelor's degree or higher (or the equivalent).
Requiring a bachelor's degree or higher is common in similar jobs and companies, or the position is so complex or unique that a person with a degree alone can perform the work.
The employer typically requires an employee with a degree or the equivalent to fill the position.
The duties associated with the position offered in the U.S. are so complex and specialized that the knowledge required to perform the job is usually acquired through an academic degree (bachelor's degree or higher, or the equivalent).

Consequently, the minimum requirement for an "H-1B eligible" job offer in the U.S. is that the position usually requires a U.S. Bachelor's degree or its equivalent in the relevant field of work. This applies to the following professions, for example: Architects, Engineers, Medical Professionals, Lawyers, etc. But as the above four criteria make clear, occupations that are not traditional "Specialty Occupation" occupations can also be "H-1B capable."

The H-1B category is limited in number and subject to a certain quota system ("H-1B Cap"), which applies for one U.S. fiscal year (FY) at a time. The U.S. fiscal year begins on October 1 and ends on September 30 of the following year.

Petitions for extensions or modifications of H-1B visas already issued in prior years may generally be filed at any time and are not subject to numerical quotas.

Regular Cap

There are currently 65,000 H-1B visas available per U.S. tax year ("Regular Cap") with 6,800 H-1B visas already reserved for Singaporean and Chilean nationals due to free trade agreements. If more than 65,000 petitions are filed (which is the case almost every fiscal year) a lottery is held to select 65,000 from the total petitions filed.

Master's Cap

For individuals who have earned a U.S. Master's Degree from a U.S. university, 20,000 additional visas are available ("Master's Cap"). Comparable degrees earned abroad do not apply. If more than 20,000 Master's Degree H-1B Petition are filed, a lottery will be held to select 20,000 from the total petition submitted. The Master's Cap Petition that are not selected in the Master's Cap Lottery will then be treated as a "Regular Cap" Petition and thus may be selected in any Regular Cap Lottery.

Application only in April

H-1B initial applications may be filed with U.S. Immigration and Customs Enforcement on April 1 for the earliest possible work start date of October 1. If the quota is exhausted or the H-1B initial application is not selected in the lottery, an H-1B initial application cannot be made again until the following tax year.

An increase to the 195,000 visas once awarded in the age of the IT industry boom has been discussed time and again (especially due to pressure from large corporations such as Microsoft and Google), but unfortunately has not yet been implemented.

If the quota for the current U.S. tax year is exhausted, it will be necessary to switch to other categories (such as. E-1/E-2, or L-Visa), naturally subject to verification of the respective access requirements.

Not all H-1B applications are affected by the quota. For example, petitions may always be filed by Institutions of Higher Education (e.g., U.S. universities) and certain nonprofit or government research institutes. Also, H-1B holders who change U.S. employers or renew their H-1B status are not subject to the quota under certain circ*mstances.

Individuals who are already in the U.S. may be able to make what is known as a change of status to the H-1B category, provided, however, that the individual has been not entered the country without a visa, has a valid residence status, and has not violated U.S. immigration laws. In addition, persons with certain statuses may not apply for a change of status at all or may only do so as an exception. Therefore, it is especially important to seek professional advice before applying for a change of status.

ImportantOne must clearly distinguish between a change of status and obtaining a visa. A successful change of status only means that one has a valid domestic residence status. But a change of status is not a visa!If you leave the United States and re-enter without a valid visa, you will be denied entry.

Background: The U.S. Citizenship and Immigration Services (USCIS) only approves the change of status to H-1B and does not issue a U.S. visa. Only the U.S. consulates abroad are responsible for issuing U.S. visas.If you want to leave and re-enter the country after a change of status, you need a valid H-1B visa. As a rule, you have to apply for this visa at the US consulate in your home country. However, it is also possible to apply for a US visa in Mexico or Canada at the US consulates there.

Due to the quota system, initial petitions for H-1B visas cannot be filed at any time (except for Initial applications that are not subject to the quota).

The application may be submitted in any year no earlier than April 1 (i.e., six months prior to the beginning of the tax year) for the earliest possible work start date of October 1.

If the quota is exhausted, an application can only be made again for the following tax year.

In previous years, the quota was unfortunately often exhausted within just a few days. New applications, which are affected by the quota, can only be submitted again from April 1 of the next year for the earliest possible start of work October 1 of the same year.

Quite often this means for the foreign applicant the elimination for the offered position. Alternatively, one could consider applying for an E-1, E-2 or L visa.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

Accompanying family members of I visa holders can travel to the USA visa-free for up to 90 days if their nationality permits visa-free entry.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

The I visa allows employees of foreign media companies (e.g. broadcast, print, radio, etc.) to stay temporarily in the U.S. for journalistic purposes as part of their official duties. Foreign journalists working for a U.S. media bureau or, for example, a newspaper in Germany, can also travel to the U.S. on the I visa as part of this activity in order to report on events from the U.S. for an "audience" abroad ("correspondents").

Freelance journalists and employees of independent production companies - employed or freelance - may also be eligible for an I visa if they are under contract with a foreign media company for assignment in the U.S. and can provide evidence of regular (fee) assignments from the past.

As a rule, the U.S. consulate also requires the presentation of a valid press card when the application is made.

The applicant must remain employed/under contract with the foreign media company throughout the residency. He/she may not receive any remuneration from the U.S. side or a U.S. company and must return to his/her original workplace or home country after his/her stay. Thus, affiliation with a foreign media office is essential.

Individuals working on the production and dissemination of films/reports/articles, etc., only meet the entry requirements for an I visa if the activity serves to disseminate information or news and the main source of funding and the main subsequent "place of dissemination" are outside the U.S.. The published material must therefore be of a documentary nature!

Exclusively commercial projects or, for example, advertising photos do not qualify for an I visa. In these cases, a work visa (e.g.OorH visa) needed.

IMPORTANT: Journalists or media representatives do not need an I visa for every U.S. trip just because of their status as journalists. For example, if an editor is traveling to the U.S. solely for a brief meeting, an I visa does not automatically need to be applied for (depending on citizenship). This only becomes necessary if the journalistic activity in the U.S. takes place, for example, in the context of specific reporting on behalf of a foreign media company. It is not the mere job title as a journalist, but the specific purpose of stay that determines whether media representatives require a visa and, if so, which one.

The validity period of an I visa depends on the nationality. Depending on the nationality, is determined on the basis of the so-called reciprocity schedule decided how long the visa will be valid. For example, German citizens receive a five-year I visa. But the visa is to be distinguished from the residence status. What is the difference between visa and status?).

I-Visa holders are normally allowed to stay in the U.S. until their journalistic activity (or "assignment") is over. In case of a fixed end date (e.g. coverage of the US Open), the corresponding end date of the permitted US stay will be indicated on the Form I-94 noted.

If an end date is not fixed, the journalist may stay as long as he/she performs his/her journalistic activity. The indefinite (or activity-related) duration of stay is determined by entering the letters "D/S" (duration of status) in the passport and the Form I-94 noted.

The I visa does not authorize employment with a U.S. media company. It only permits professional activities in the context of a work assignment for an employer localized outside the United States.

Journalists who are assigned to work on commercial film projects for the U.S. entertainment industry or a foreign production company must have the appropriate work visa (O-, orH visa).

Please note that in contrast to the I visa, the preparation and implementation for an O or H category can take several weeks or months. So the procedure should be started as early as possible. An entry - as a temporal alternative - on the visa-free entry and a later change of status to a work visa is just as inadmissible as the use of a B visa, which can usually be obtained more quickly.

Accompanying spouses and unmarried children up to the age of 21 are granted derivative status upon application, and thus also an I visa. However, with this visa, spouses are not permitted to work,i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USAis excluded(in contrast to other categories such as L-1 or E-1/E-2).

Children and spouses of I-holders can of courseAttend educational institutions (schools/universities), but may not engage in paid work.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

As with all other U.S. work visas, the L-1 category is subject to strict eligibility requirements. To comply with the law, the foreign employee assigned to the U.S. location must be able to provide the following evidence:

The employee must have been regularly employed by the group of companies outside the U.S. for at least one year within the three years preceding the application. Consulting or freelance contracts are not permitted.
NOTICE: Business (longer) periods of stay in the U.S. are deducted from the one-year employment period (for example, under B-1 status)!
Only those employees qualify for an L-1 visa who have been or will be employed as a manager, executive or specialist at the company location during the minimum one-year employment period and will also be employed as a manager, executive or specialist at the future U.S. location.

Executives: Managers who provide strategic planning, organization, control and direction for the company or a key business unit with personnel responsibility. The focus is on leadership competence (e.g. CEO, CFO, President, Vice President).
Manager: Person who directs the daily organizational tasks, of a department or the functioning of the organization ("day-by-day operations"). Personnel responsibility is usually a given, but not a mandatory requirement. The focus is on organizational and management skills (e.g. Project Manager, Sales Manager, Marketing Manager).
Specialist: Employee who has special and comprehensive knowledge of internal company products, processes, techniques and procedures. The specialist knowledge may not be generally available on the labor market.

Since L-1 Visa refers to an employee transfer, it must be proven that there is a qualifying connection between the foreign location where the employee is currently employed and the U.S. location (as the "receiving" corporate entity).

Both the U.S. company and the foreign company must be majority-owned. Alternatively, evidence can be provided that control of both companies is in the hands of the same person - natural or legal. Incidentally, it does not matter where the parent company is located (U.S. or foreign).

Examples of a "qualifying relationship" include:

Transfer from parent company to subsidiary
Transfer from subsidiary to parent company
Transfer between two sister companies

Other constellations are also conceivable.

The U.S. company must be proven to have already been actively operating in the U.S. market for at least 1 year ("doing business"). Exception:L-1 "New Office.

The legislation distinguishes between L-1A visa petitions for managers/executives and L-1B visa petitions for specialists.

The category is based on the employee's future job at the U.S. location (not current job).

The boundaries between the individual categories may well be fluid. It must be decided on a case-by-case basis under which category the L-1 transfer should take place. L-1B applications are generally subject to a stricter review.

The maximum stay under L-1A status is up to 7 years, L-1B visa holders can stay in the U.S. up to a maximum of 5 years.

The category also allows the transfer of personnel to a "newly opened" US location (not yet operating in the US market for 1 year). In this case, the US authorities require additional information beyond the usual L requirements. For example, proof of the purchase or lease of office space, the special skills of the applicant in the start-up process, the economic situation of the parent company, and suitable business plans for the US venture. In particular, future U.S. personnel policies are of interest to U.S. officials.

L-1 "New Office" applications are approved for a maximum of 1 year in the initial application, but may then be extended up to a maximum of five (L-1B) or seven (L-1A) years.

For internationally active companies with a high rate of assignments to the USA, the complex L-Visa application process represents a not inconsiderable time and cost factor.

However, U.S. regulations provide for the possibility of a significant simplification of the entire process for large corporations - the so-called L-Blanket Petition.

If a regular L-Visa application must always be submitted in advance via the U.S. Immigration and Customs Enforcement Service (USCIS), this step is omitted in the L-Blanket process. This means that the L-Blanket application can be submitted by the employee directly at an interview appointment at the domestic US consulate.

This has two decisive advantages:

On the one hand, the high application fees of the USCIS, as well as translation costs and the time-consuming compilation of company documents are eliminated. On the other hand, the simplification procedure allows employees to be deployed at shorter notice.

However, the L-Blanket is only available to companies that can meet the following requirements:

The group of companies must have at least three international locations (at least one of which must be in the USA). It does not matter where the headquarters are located.
The company must be engaged in commercial trade or otherwise provide commercial services.
The U.S. company must have been in existence or doing business for at least one year.

In addition, the U.S. company must meet at least one of the following requirements:

US workforce of at least 1,000 employees
Approval of more than 10 (regular) L-Visa applications within the last 12 months
Annual sales of at least $25 million (of all U.S. locations)

To the extent that the Group can meet these items, an approval process for use on L-Blanket will occur with the U.S. Citizenship and Immigration Services (USCIS).

Based on an L-Blanket registration of the group of companies (issued by the USCIS), all locations worldwide listed in the Blanket can use the simplified application process for employees.

The initial approval period for L-1A and L-1B visas is as follows maximum three years. Exception: employee assignment in a newly established U.S. location - in this case, only a one-year period of stay is approved in the initial application.

Extensions (upon application) are possible in 2-year increments.

L-1A visa holders can be deployed to the U.S. for up to a maximum total of seven years (by renewing twice).

Employees under L-1B status, however, only to a maximum of five years.

IMPORTANT: If a person has exhausted the maximum allowable length of stay (i.e., five or seven years) in the U.S. as an L-1 transferee, no further extension may be applied for. Entry into the United States on the basis of a new H or L status is not possible until the person has lived outside the U.S. for at least one full year.

A change to the E-1 or E-2Category, however, is possible without waiting.

For L-1 applications there is no limitation by the legislator - in contrast to the H-1B visa category. This means that an application can be filed at any time and there are always sufficient visas available.

Accompanying spouses and unmarried children up to 21 years of age are granted derivative status upon application, and thus an L-2 visa. Spouses entering the country with this visa can apply for a General Work Permit (Employment Authorization Document, EAD) in the U.S. after having entered the country, apply to the U.S. Citizenship and Immigration Services (USCIS) and thus pursue employment in the U.S. independently of their spouse.

Children of L-1 holders may of course attend educational institutions (schools/universities), but may not engage in paid work.

It is not uncommon for employee assignments to have to be realized at quite short notice. Since the application for a work visa can unfortunately take several weeks, a temporary solution must often be realized.

Many companies therefore choose to inform the employee about theB-1 Visa Categoryto be sent in advance to the US location. It is important to emphasize that the B-1 Categorynonework permit for the USA. It only legitimizes the employee to, for example, coordination discussions, meetings or negotiations at the US location.

To the extent that the employee is already in the United States under a valid visa, then a change of status (without leaving the U.S.) to the L-1 category can theoretically be made.

It is not possible, however, to calculate on the basis of thevisa free entryto apply for a work permit. In addition, not all changes within different categories are accepted.

The application for change of status, if at all possible or appropriate, is filed simultaneously with the L-1 petition at the U.S. Immigration Service Center.

IMPORTANT: In case of a change of status, it is urgent to ensure that a valid L-1 visa is available for exit and re-entry in any case (see consular procedures). Background: The USCIS only issues the approval on the L-1 status, but not the US visa (in the passport). These entries are made exclusively by the U.S. consulates abroad.

So the change of status is NOT the same as visa. If you leave the United States and re-enter without a valid visa, you will be denied entry.

In contrast to other non-immigrant visas, the application is in principle also possible in countries bordering the USA, such as Mexico or Canada, at the US consulates there.

Otherwise, the application is usually made at the domestic U.S. consulate.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

The O visa is available to individuals with "exceptional ability" in the fields of science, education, business, sports, or in the field of the arts or the film and television industry. "Exceptional ability" in this context means, among other things, that the person.

has a particularly high level of skills and abilities in their field of expertise
can demonstrate a level of training within the industry that is well above average
Has broad recognition of professional accomplishments within the discipline
is among the top in their respective field of work

The US authorities distinguish between O-1A and O-1B visas.

Individuals who possess exceptional ability in the fields of science, education, business, or sports qualify for O-1A visas.

Individuals who possess exceptional ability in the field of the arts or who have made exceptional contributions to the film and television industry qualify for O-1B visas.

O-1A visas can be obtained by individuals who have exceptional ability in the fields of science, education, business, or sports. This leading position is evidenced, for example, by international awards (Nobel Prize, Olympic victory, etc.).

Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.

For the O-1A visa (science, education, business, sports), at least three of the following criteria must be met:

Receipt of a recognized (national/international) award for special achievements in the field of work
Membership in national associations with appropriate reputations that promote excellence
Publications about the person in question in (trade) journals and customary publications
Contributions of extraordinary importance for the respective field of work
Authorship of important articles in trade journals or trade publications
An above-average salary or other compensation based on these benefits
Participation as a juror in the evaluation of the work of other professionals in the respective field of work.
Contributions to the work of organizations that themselves enjoy an excellent reputation

If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.

Work visas for the United States must normally be linked to a specific job offer. In addition, the application is usually filed by the U.S. employer ("petitioner") and not by the foreign worker ("beneficiary").

However, there is a special feature when applying for an O-Visa:

Not only U.S. companies can act as applicants, but also U.S. agents. This has the advantage for the foreign employee to be able to work for different clients via the US agency (e.g. artists). If the application is made through a U.S. company, the O visa holder is bound to that company.

O-1B visas may be obtained by individuals who have exceptional ability in the field of the arts or in the film and television industry. This leading position is evidenced, for example, by international awards or nominations (Oscar, Grammy, Emmy, etc.).

Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.

For the O-1B visa, at least three of the following criteria must be met:

Past or future engagements as lead actor(s) or in supporting roles in outstanding productions or other significant artistic "highlights".
National or international recognition for achievements in the respective field of work
Engagements in a principal or supporting role that received positive reviews from major community organizations or institutions
Evidence of significant commercial "box office hits" or critically acclaimed successes in the respective field of work.
Recognition of achievements in the corresponding field of work by recognized experts
Previous or current above-average income or other forms of remuneration

Artists or athletes who are of outstanding ability or have achieved outstanding performance may be allowed, if applicable.in their engagements/activities in the USAbe accompanied or supported by essential employees.However, the O-2 visa is reserved exclusively for assistants of artists, sports athletes, and film and television professionals!

The period of validity of an O-1 visa depends on the nationality of the applicant. Depending on the nationality, the so-called Reciprocity Schedule is used to decide how long the visa will be valid. However, the visa must be distinguished from the residence status or length of stay.

Upon first entry into the U.S., the holder of an O-1 visa is granted a period of stay not to exceed three years. The actual period of stay granted depends on the project period specified in the petition. An O-1 visa holder may also 10 days before and 10 days after the project period reside in the USA, but only work within the project period.

Extensions of the duration of stay

Extensions on petition are effectively unlimited in time periods up to one year, but only as long as the original project or activity exists. Taking up a new project or activity requires a new petition instead of an extension.

An Advisory Opinion (also called a "No-Objection Letter") is usually required to obtain the O visa. This advisory opinion is usually issued by the appropriate U.S. professional association or U.S. union/professional organization. The advisory opinion certifies the individual's exceptional ability or accomplishments, or confirms that there are no objections to employment.

Two Advisory Opinions are required for individuals of exceptional merit who will work in the U.S. film or television industry:

A union agreement signed by a competent union and
A management report issued by a competentOrganization".

When is an advisory opinion not required?

If no suitable U.S. professional association or union is available, an opinion from appropriate experts ("recognized authorities") may also be submitted.
If a person with "extraordinary ability in the field of arts" wishes to extend his or her residency status to pursue the original project or activity, he or she may also resubmit the original Advisory Opinion as long as it is less than two years old.

Accompanying spouses and unmarried children up to the age of 21 are granted derivative status upon application, and thus an O-3 visa. However, with this visa, spouses are not permitted tonotallowed to work,i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USAis excluded(in contrast to other categories such asL-1orE-1/E-2 ).

However, children and spouses of O-1 holders are allowed to study full or part-time and attend all educational institutions (schools/universities).

For O-Visa applications there is no limit set by the legislator - in contrast to theH-1BCategory. This means that an application can be made at any time.

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

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