On June 22nd, 2020, President Trump extended his original travel ban and suspended entry for H-1B, H-2B, J-1 and L-1 temporary workers. The ban is in effect now through December 31st, 2020, and can be continued beyond this time.
The following are a few visas options for temporary workers that are NOT subject to the ban:
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national. This category also includes Australian specialty occupation workers, which mirrors almost precisely the H1B category.
Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, E-3 visa from a U.S. consulate or embassy overseas. However, a U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
See U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
To qualify for E-1 classification, the general requirements for a treaty trader are:
Note: Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.
To qualify for E-2 classification, the general requirements for a treaty investor are:
To qualify for E-3 classification, the general requirements for a specialty occupation professional from Australia are:
To qualify for E-1 or E-2 classification as an employee of a treaty trader or treaty investor, the general requirements are:
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement in motion picture and television productions, which means a very high level of accomplishment in the motion picture or television industry as evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this comparable evidence exception does not apply to the motion picture or television industry).
Note: Effective July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) will replace the North American Free Trade Agreement (NAFTA).
NAFTA created special economic and trade relationships for the United States, Canada, and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
The types of professionals who are eligible to seek admission as TN nonimmigrants include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status if:
Canadian citizens do not need a visa in order to seek admission to the United States as a TN nonimmigrant. Mexican citizens will require a TN visa to seek admission to the United States as a TN nonimmigrant. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying TN profession. The criteria for TN admission under the new USMCA is the same as NAFTA.
This visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.
To qualify, the alien must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.
Religious occupations are defined as occupations whose duties must:
Religious occupations do not include primarily administrative or support positions such as janitors, maintenance workers, clerical employees, or fund-raisers or similar positions solely involved in soliciting donations. Limited administrative duties that are only incidental to religious functions are permissible.
Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incidental to R-1 status.
Ministers are defined as individuals who are duly authorized by the religious denomination to which they belong, and who are fully trained according to the denomination’s standards to conduct religious worship and other duties usually performed by the clergy. The regulations do not define a uniform type of training for religious denominations. When signing the petition, the petitioner must attest that the beneficiary is qualified to perform the proposed duties of the religious occupation to be performed in the United States.
The definition of denominational membership is premised on a shared faith and worship practices, and not on formal affiliation. Denominational membership means membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the U.S. religious organization where the beneficiary will work. (See 8 CFR 214.2(r)(3) emphasis added).
The term “religious denomination” applies to a religious group or community of believers governed or administered under a common type of ecclesiastical government. A religious group or community of believers may demonstrate that they are a religious denomination by showing one or more of the following:
Helping Injured Victims in New York and New Jersey Since 2004
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PEDESTRIAN HIT BY CAR
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TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE
PEDESTRIAN STRUCK BY BUS
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REAR-END ACCIDENT RESULTS IN KNEE SURGERY
SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE
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CONSTRUCTION WORKER SCAFFOLD FALL
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