Employment Visas -
Non-immigrant

Nonimmigrant employment visas provide various pathways for foreign nationals to work temporarily in the U.S, each tailored to specific job types and qualifications.

At Buda Law Group, we will ensure that you understand the options available – for both employers and prospective employees.

O Visas

The O1 is a temporary visa available to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. Visas can be approved for up to a maximum period of three years. The application is filed by a U.S.-based business or individual, called the “petitioner”, and prior to USCIS approval the case must be submitted for “consultation”, which consists of review of the application by an appropriate U.S. “peer group” and issuance of a written advisory opinion. If there is a recognized labor union with jurisdiction over the applicant’s profession, consultation with this union must be sought first. If no labor union covers the applicant’s line of work, the “peer group” could include a professional organization or recognized expert in the applicant’s field. Our staff have expertise in navigating the consultation process, including rebuttals of unfavorable opinions from protectionist unions.

The O1 category includes three major subcategories, each with its own particular procedures and eligibility criteria:

  • O1A: Extraordinary Ability in the Sciences, Education, Business, or Athletics
    The evidentiary standard of “extraordinary ability” and the documentation needed to prove eligibility for this subcategory is substantially similar to the [[EB1A]] immigrant visa, and any individual who has qualified for this O1 subcategory is thus in an excellent position to pursue permanent residence through the EB1A classification. Likewise, the O1A is useful for professionals with an EB1A application in process who require temporary status that will allow them to continue working in the U.S.
  • O1B: Extraordinary Ability in the Arts (excluding Film and Television)
    The evidentiary standard for professionals working in the arts is defined as “prominence”, a lower standard than what is expected for the O1A subcategory or the EB1 green card category. The term “Arts” is defined quite broadly, and can include individuals working in technical and business aspects of the arts who might not be commonly considered “artists”. Most advertising, marketing and creative industry professionals, including social media influencers and digital strategists, are eligible for consideration under this subcategory.

    The U.S. company or individual filing the case can either be the applicant’s employer or an “agent” who represents both the applicant and his or her employer(s). Agents are most commonly used in cases of professionals who are typically self-employed or intermittently employed on a series of short-term jobs, such as actors, session musicians, tour managers, etc. If the employment will be a series of short-term jobs rather than regular, ongoing employment with a single entity, an itinerary of events must be included.
  • O1B: Extraordinary Achievement in Film and Television Production
    This subcategory, while using the same evidentiary criteria as the O1B “in the arts”, has a nominally higher evidentiary standard and a more complex set of regulations that apply only to individuals coming to the U.S. to work on film and television productions. The term “film and television production” includes television commercials, and it has recently been broadened to include new media productions such as web series and streaming commercials, but not most social media content. The line between productions that fall under the “extraordinary ability” and “extraordinary achievement” categories is a very blurry one, and our staff is expert in crafting arguments to qualify the applicant’s work under whichever category would ultimately prove more beneficial on a case-by-case basis.

    In practice, the most significant difference between the “arts” and “film and television” subcategories is the consultation process. While “arts” cases require only one consultation, “film and television” cases require two: one from a management organization and one from a labor organization. Depending on the labor relations climate in Hollywood and protectionist sentiment among current leadership of particular unions, the conclusions reached by the labor and management organizations can reach opposite conclusions, and in many cases the process can be quite adversarial. Our staff is expert in navigating this process, and when necessary drafting rebuttals to unfavorable advisory opinions.
  • O1B: Extraordinary Achievement in Film and Television Production
    This subcategory, while using the same evidentiary criteria as the O1B “in the arts”, has a nominally higher evidentiary standard and a more complex set of regulations that apply only to individuals coming to the U.S. to work on film and television productions. The term “film and television production” includes television commercials, and it has recently been broadened to include new media productions such as web series and streaming commercials, but not most social media content. The line between productions that fall under the “extraordinary ability” and “extraordinary achievement” categories is a very blurry one, and our staff is expert in crafting arguments to qualify the applicant’s work under whichever category would ultimately prove more beneficial on a case-by-case basis.

    In practice, the most significant difference between the “arts” and “film and television” subcategories is the consultation process. While “arts” cases require only one consultation, “film and television” cases require two: one from a management organization and one from a labor organization. Depending on the labor relations climate in Hollywood and protectionist sentiment among current leadership of particular unions, the conclusions reached by the labor and management organizations can reach opposite conclusions, and in many cases the process can be quite adversarial. Our staff is expert in navigating this process, and when necessary drafting rebuttals to unfavorable advisory opinions.
  • O2: “Essential Personnel” Visa
    The O2 visa is available to “essential personnel”; that is, someone with a history of performing work in support of an O1B artist’s performances who is coming to perform in an essential support role on the O-1 artist’s upcoming U.S. productions and events. Typical examples include a stage manager or accompanist with a history of working with an O1 singer, or a member of a film crew with a regular working relationship with a particular O1 director. Even if the O2 personnel might qualify for the O1 in their own right, there is far less documentation needed to prove O2 eligibility, provided the applicant can document their past work in support of a particular O1 visa holder or applicant for whom they are coming to the U.S. to work in a supporting role. During their stay in the U.S. in O2 status, an O2 visa holder may only work in support of the O1 visa holder or applicant named in their petition.

    O2 eligibility can also be based on significant production work having already been completed outside of the United States; for example, crew members on a film coming to shoot in the United States for which scenes have already been shot outside the United States.

P Visas

  • P1 – Internationally Recognized Athletes and Entertainers
    Another nonimmigrant category designed specifically for athletes and entertainers is the P1 visa. The P1 visa is available not only to internationally recognized athletes and entertainers, but also to members of internationally recognized athletic teams and performing groups. For individual athletes and performers, there is some overlap with the O1 category – our expert staff can advise which of these options would be better suited to your particular qualifications and employment plans.

    This category is particularly useful for lesser-recognized team members who have not been the subject of significant public attention themselves, or members of popular entertainment groups whose contributions are not as commonly recognized as the “stars” of the group. A P1 petition filed on behalf of a group covers all members of the group.

L1 Visas

Certain high-level managers and executives of overseas companies who are coming to the U.S. to work for a subsidiary, parent company, branch or affiliate of their overseas employer. The affiliated U.S. company can be an established business or a new office to be launched by the transferee. Our expert staff has extensive experience with transferees to new and established U.S. offices alike.

Employment Based Nonimmigrant Visa – L1A Intracompany Transfer

The L1A Intracompany Transfer provides an opportunity for an overseas company to transfer an executive or high-level manager to an affiliated U.S. company, or for a U.S.-based business to transfer such an individual from an affiliated overseas company. This classification is also available to overseas companies looking to expand their business to North America by sending an executive or high-level manager to the U.S. to establish a new subsidiary, branch, or affiliate.

L1A Intracompany Transfer is a popular choice for many high-level executives or managers from other nations to pursue a temporary stay in the U.S. that includes the option to be extended for up to seven years. During this period, the executives or managers are able to live and work in the U.S. along with their families, learn the American way of life, and operate a business in the U.S that could ultimately lead from a temporary stay to a petition for a permanent residency (aka “green card”) under the [[EB1]] or [[EB2]] categories. In particular, the [[EB1C]] category relies on much the same types of evidence needed to qualify for the L1A visa and is typically an attainable path to permanent residence for intracompany transferees.

  • L1A Extension:
    After the intracompany transferee’s initial year in the U.S., the petitioning company in the U.S. can extend their stay in the U.S. for another two years. The extension process can be renewed every 2 years up to a maximum total L1 stay of 7 years.

    BLG has almost 10 years of experience successfully helping our clients to petition an L1A extension. The application requires the beneficiary to present evidence of their executive or managerial duties in the U.S., and we have a team of expert minds to assist clients to prepare and gather crucial evidence that might otherwise have been overlooked during the petitioning process.

    The extension requirements place particular emphasis on the U.S. entity’s business activities and the transferee’s employment activities during the granted period of stay. Our team is dedicated to assisting the client in preparing evidence, gathering documents, and following up on company activities and employee matters to ensure that our clients are fully prepared by the time the extension filing is due.
  • L1A Site Inspection and Audits
    USCIS officers commonly conduct unannounced site inspections at some point after the petitioning entity is granted an L1A visa for its transferee. The officer conducting the site inspection typically interviews the transferee and other employees on site, inspects the physical premises of the office, employee records, and financial documents, as makes any other observations the officer may deem relevant.

    A site inspection allows the USCIS officer to make findings relevant to the issue of whether or not the U.S. petitioning entity is conducting business in the U.S. and if the beneficiary is actually performing the executive or managerial duties described in the petition. It is crucial that the U.S. petitioning entity is fully prepared for a sudden site inspection by the USCIS at any time, because unfavorable findings by the officer can result in the denial of an L1 petition—or even the revocation of an already approved petition—if the officer becomes suspicious about any aspect of the U.S. operation.

    We have successfully helped many of our clients to prepare for a site inspection, communicated to the officers during the inspection, and answered officers’ questions and follow-ups after the inspection. BLG can provide peace of mind during this stressful time, allowing the USCIS to conduct their inspection while protecting transferees from the risk of visa revocation and the U.S. venture from potential sanctions for noncompliance.

What criteria allows someone to apply for an EB1-C immigrant visa?

The [[EB1C]] immigrant visa classification allows the foreign company to transfer a manager or executive to permanently stay in the U.S. and work at the subsidiary. Ultimately, L1 visa holders who wish to remain in the U.S. and become Green Card holders should petition for EB1C classification during the allotted time of their L visa duration.

In the past 10+ years, Buda Law Group has assisted many L1 visa holders to successfully petition for the EB1C green card, and we take personal pride in helping many professionals to not only expand their businesses in the U.S., but also settle themselves and their families in this land of dreams.

H1B Visas

The H1B visa is perhaps the best-known work visa for foreign professionals to gain legal employment status and work in the United States. It allows employers to hire qualified foreign workers on a temporary basis. To be eligible for the H1B visa, the U.S. employer and the potential foreign professional employee must comply with the USCIS regulations and guidelines.

Since H1B visa is a dual intent visa—allowing the applicant to hold legal nonimmigrant status while simultaneously pursuing a petition for permanent residence—an H1B holder can petition for a green card through a Form I-140 petition without putting their nonimmigrant status at risk. Before an I-140 can be filed, the U.S. petitioning employer may be required to obtain a [[PERM Labor Certification]] by satisfying several requirements.

Our office has expertise in recommending [[Green Card options]] to H1B holders. Contact us to review your CV and discuss your future work plans in the U.S. – we would be happy to advise you on the pathways to permanent residence that are best suited to your particular situation.

E2 and TN Visas – Nonimmigrant Opportunities for Investors

The E-2 visa is a treaty investor visa reserved for foreign national entrepreneurs from countries that have a Treaty of Trade and Commerce with the U.S. The purpose of E-2 visa is to allow investments to be substantially used in the U.S. and made with the appropriate funds. For more information, see our [[Investor Visas]] page.

The TN visa was created by the North America Free Trade Agreement (NAFTA) in order to allow approved Canadian and Mexican citizens to work in the United States on a temporary basis.

R1 Visas

  • R1 Visa for Religious Workers
    The R1 visa is available to ministers or those in a religious vocation or occupation seeking to work in the U.S. on a temporary basis for a bona fide non-profit religious organization or a bona fide organization that is affiliated with the religious denomination. For religious workers seeking to work in the U.S. on a permanent basis, the [[EB4]] green card category may be an option.

At Buda Law Group, we don’t just provide legal services—we build relationships founded on trust, care, and understanding. Your story matters to us, and we’re honored to help you write the next chapter.

Take the first step toward achieving your goals today. Contact us for a free consultation and let’s begin your journey together.

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