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As a prerequisite to filing a petition for an H-1b specialty occupation worker, the employer must file a labor condition attestation (LCA) application with the Department of Labor. The LCA includes the title and salary for the position, location where the intended H-1b holder will work, and various statements attesting that employment of the intended B-1b holder will have no adverse effect on U.S. citizen or permanent resident workers.

Here is some useful information for you regarding the immigration process:

H-1b: Specialty Occupation Workers

A qualified professional coming temporarily to the U.S. to perform services in a "specialty occuption" qualifies for this status upon approval of a petition filed by a petitioning U.S. employer. H-1b status is initially granted for a maximum of three years, and additional extensions may be approved up to a maximum of six years.

H-2: Temporary Worker

An individual who will be providing temporary labor in the U.S., provided that there are no qualified and unemployed U.S. workers, may obtain an H-2 visa. The petitioning employer must file an application with the Department of Labor to show that American workers are unavailable, and it must demonstrate to the INS that unemployed Americans capable of performing these services cannot be located and that the individual is coming temporarily to perform services which are themselves temporary in nature. The initial period of admission is for a maximum of one year. Extensions may be obtained in limited circumstances for a maximum validity of three years.

E-1: Treaty Trader

A treaty trader is an individual coming to the U.S. solely to carry on substantial trade principally between U.S. and the foreign country of which he/she is a national. A person is a national of a country whose passport he carries, regardless of place of birth. The initial period of admission is for one year, and extensions of stay are possible upon filing an annual report with respect to the trade. While there is no requirement for an overseas unrelinquished domicile, the treaty trader must intend to return to a home abroad once the purpose of admission has been accomplished.

E-2 Treaty Investor

A treaty investor is an individual coming to the U.S. solely to develop and direct the operations of an enterprise in which the individual has invested, or is actively in the process of investing a substantial amount of capital. The intial period of admission is one year, with extensions available in appropriate circumstances. High officials of firms which have made a substantial investment also may qualify.

L-1 Intra-Company Transferee

An L-1 intra-company transferee is an individual who, during the three-year period immediately preceding the time of his or her application for admission into the U.S., has been employed for one year by a firm or other legal entity (or an affiliate or subsidiary thereof) and who seeks to enter the U.S. temporarily in order to continue to render his or her services to the same employer (or an affiliate or subsidiary thereof) in a capacity which is managerial, executive or involves specialized knowledge. The L-1 is granted initially for a maximum of three years. Total stay in L-1 status (or L-1 and H-1b combined) are limited to a total of five consecutive years for those individuals with "specialized knowledge" and seven years considered "executive" or "managerial".

O-1

An individual who has "extraordinary ability" in the sciences, arts, education, business, and athletes, as demonstrated by "sustained national or international acclaim," and whose entry the Attorney General believes will "substantially benefit prospectively" the U.S., may obtain an O-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

O-2: Support Personnel for O-1 Individuals

An O-2 visa is issued to an individual entering the U.S., for the purpose of assisting the performance of an individual having extraordinary ability. The O-2 individual must establish that he or she is an integral part of the performance of the O-1 principal because of his/her critical skills or long-standing relationship with the O-1 principal.

P-1: Athlete or Entertainer

An individual who is an internationally recognized professional athlete or member of an entertainment group may be granted a P-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

P-2: Exchange Athlete or Entertainer

An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform under a reciprocal exchange program is issued a P-2 visa.

P-3: Athletes and Entertainers (Cultural)

An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform in a culturally unique program is issued a P-3 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.