Acquiring E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1and B-1/B-2 Visas

What are E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1 and B-1/B-2 visas?

E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1, and B-1/B-2 visas are non-immigrant visas that enable foreign individuals to conduct business or work in the United States. In Florida, these visas cater to different categories of professionals and companies. For example, the E-1 visa supports treaty traders, while the E-2 visa is for treaty investors. The E-3 visa targets Australian professionals. The L-1 visa is for intracompany transferees, and the H-1B visa applies to specialty occupations.

The H-2B visa is for temporary non-agricultural workers, while the H-3 visa serves non-immigrant trainees. The J-1 visa is an exchange visitor program, and the B-1/B-2 visas cover business or tourism visitors.

For instance, a foreign business owner wishing to invest in a Florida enterprise could apply for an E-2 visa, following state and federal law regulations.

Need an immigration advocate? Schedule your consultation today with a top business immigration law attorney.

In Florida, which laws and regulations apply to E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1 and B-1/B-2 visas?

In Florida, business-focused immigration law follows federal regulations. The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State manage the visa application process. These federal agencies implement the Immigration and Nationality Act (INA), which outlines the requirements, qualifications, and procedures for obtaining non-immigrant visas, including E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1, and B-1/B-2 visas.

What are the strategic benefits of acquiring E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1 and B-1/B-2 visas?

Effective navigation of immigration law enables the following for businesses:

• Access to specialized talent: E-1, E-2, E-3, H-1B, and L-1 visas allow Florida businesses to recruit and employ highly skilled foreign professionals with expertise in various fields.
• Seasonal labor force: The H-2B visa helps Florida businesses meet temporary or seasonal labor needs, particularly in industries like tourism, agriculture, and construction.
• Training and development opportunities: H-3 and J-1 visas enable Florida companies to bring in trainees or exchange visitors to participate in training programs, internships, or cultural exchange programs.
• Facilitate international business travel: B-1 and B-2 visas allow foreign nationals to visit Florida for business or tourism purposes, fostering international business relationships and contributing to the state’s economy.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What steps should counsel take to acquire E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1 and B-1/B-2 visas for skilled workers?

Advocates should consider the following:

• Determine the appropriate visa category: Evaluate the foreign national’s eligibility and the specific needs of the Florida business to identify the most suitable visa category.
• Gather required documentation: Collect supporting documents, such as employment contracts, educational certificates, or evidence of investment, to demonstrate the visa applicant’s qualifications and eligibility under the chosen category.
• Prepare and file necessary forms: Complete the relevant documents, such as Form I-129 for employment-based visas or Form DS-160 for B-1/B-2 visas, and submit them to the appropriate government agency (e.g., USCIS or the Department of State).
• Monitor application status and respond to requests for evidence (RFEs): Keep track of the application’s progress and promptly address any RFEs.
• Prepare for visa interviews and consular processing: Assist the foreign national in preparing for the visa interview at a U.S. consulate or embassy. Preparation may include providing guidance on interview questions, gathering additional documents, and reviewing the overall visa application.
• Coordinate with the Florida business: Work closely with the sponsoring company to ensure compliance with prevailing wage requirements, labor condition attestations, and other employer obligations. Maintain open communication to inform the company about the application’s progress and potential issues.
• Address potential issues: Proactively identify and address any problems that may arise during the application process, such as changes in the foreign national’s job position, company restructuring, or updated immigration regulations.
• Maintain compliance and monitor visa status: Upon the granting of a visa, monitor the foreign national’s status and ensure ongoing compliance with visa requirements. Compliance includes timely filing of extensions or change of status applications, if necessary.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. How long do these visas typically last?

Visa validity varies depending on the category. E-1 and E-2 visas are usually valid for up to two years, with the possibility of an extension. E-3 visas are generally for two years, with extensions possible in two-year increments. L-1A visas are initially valid for one-to-three years, with extensions possible for up to seven years, while L-1B visas have a maximum validity of five years.

H-1B visas are initially for three years, with a maximum stay of six years. H-2B visas are valid for the employment offer, with possible extensions for up to one year. H-3 visas are valid for up to two years for trainees and 18 months for special education visitors. J-1 visas vary depending on the program, and B-1/B-2 visas are typically good for up to six months per visit.

2. Can my family accompany me on these visas?

Yes, your spouse and unmarried children under 21 can accompany you on derivative visas. Your family would apply for E, L, and H visas for E-1, E-2, E-3, L-2, or H-4 visas, respectively. For J-1 visas, family members would apply for J-2 visas, and for B-1/B-2 visas, they would apply for B-2 visas. These visas grant the family members the right to reside in the U.S. while the grantee works or conducts business. Some derivative visas also allow spouses to obtain work authorization.

3. Are there annual caps or quotas for these visas?

Some visa categories have annual caps or quotas. The H-1B visa is subject to an annual cap of 65,000 visas for regular applications and an additional 20,000 for those holding advanced degrees from U.S. institutions. The H-2B visa has an annual cap of 66,000 visas. There are no annual caps for E-1, E-2, E-3, L-1, H-3, J-1, and B-1/B-2 visas. However, the E-3 visa is limited to 10,500 Australian nationals per fiscal year.

Have more questions about how immigration law may impact your business?

Crucially, this overview of E-1, E-2, E-3, L-1, H-1B, H-2B, H-3, J-1, and B-1/B-2 visas does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.