United States Immigration Services

U.S. Travel Exemptions: Do Your Travelers Qualify?

Through a newly formed alliance, Newland Chase and U.S. law firm Greenberg Traurig can support qualified travelers with assessing eligibility to travel to the United States.

Our analysts have prepared a U.S. Travel Exemption FAQ. Please download it here.

Contact us to learn how we can assist your foreign nationals who need to enter the U.S. during and after the COVID-19 pandemic.

Immigration Summary

Some work-related activities are permitted on B-1 Visitor status for a limited period of time (usually up to a maximum of six months). The applicant must remain on foreign payroll and contract and the activities in the US must benefit the foreign employer and not a US entity. Canadian citizens are visa exempt and may apply for admission in B-1 status directly at a Class A port of entry.

The E-2 (Treaty Investor Status) visa is useful for individuals who will live in the United States for extended periods of time to fill a key role directing, managing, or serving as a specialist developing an active, substantial, non-marginal, controlled, and at-risk investment in the United States. Both the applicant and the majority shareholders of the US employer must hold citizenship of an E-2 treaty country. There are strict qualifying criteria for the investment.

The L-1 Intra-Company Transfer status is available to qualified international executives, managers and specialised knowledge employees transferred from an overseas organisation to work for the same organisation in the United States or for its American subsidiary or affiliate.

There are different processes for US companies trading for over one year and for new offices trading for less than one year. L-1 petitions for new offices are initially valid for one year, with the possibility of extensions in two-year increments. Extensions of new office L-1 visas must establish the company is viable and requires the services of the L-1 beneficiary.

A shorter process is available for US companies which already have an L-1 Blanket Approval in place - the visa applicant can apply for an L visa directly without obtaining an individual approval notice from USCIS.

H-1B Specialty Worker visas are the most common non-immigrant employment-based visa category. H-1B visas are subject to an annual cap of 85,000 for most employers for first-time applications, but current H-1B visa holders may be eligible to change employers and renewals are not subject to the numerical cap. In recent years, the documentation requirements, and level of scrutiny of H-1B employers, the positions offered, and the qualifications of workers have become more rigorous and demanding.

The J-1 for Training Programme for Trainee/Intern is the category for training programmes for trainees or interns. To qualify as an intern, the applicant must be currently enrolled in a university level programme, or have graduated within 12 months of the expected start date of the internship. To qualify as a trainee, the applicant must have completed a university-level academic programme and have worked in their field of studies for at least one year subsequent to their graduation. Under both of these classifications, the proposed activities in the US must be related to the applicant's field of study.

Some work-related activities are permitted if visiting the US under the Visa Waiver Program (VWP) for a maximum of 90 days. The applicant must remain on foreign payroll and contract and the activities in the US must benefit the foreign employer and not a US entity.

The Employment-Based Green Card (Lawful Permanent Resident status) process can take years to complete. The foreign worker must first obtain PERM labour certification from the US Department of Labor (DOL), which involves a rigorous test of the US labour market, after which the company may submit its labour certification application to the DOL for approval.

Certain categories of Green Card application are exempt from PERM labour certification, including the EB-1 Multinational Executive or Manager category. This category is designed for employees who have been offered a regular full-time position, in a managerial or executive capacity, with a US employer who has been doing business in the US for at least one year, and have also worked for an affiliated employer abroad, in a managerial or executive capacity for one of the three years prior to entering the US.

Canadian and Mexican nationals are eligible for the Trade USMCA (TN) Classification. These are preferable to obtaining H-1Bs for many reasons, such as greatly expedited processing time and a much less administrative preparation.

The E-3 category exists for Australian national professionals going to work temporarily for a specific US employer in a speciality occupation. Qualifying criteria are broadly similar to the H-1B process and the Australian worker can schedule a visa interview directly at a US consular post without obtaining USCIS approval beforehand (unless already present in the United States. Note that the website of the US consular post in Australia states that first-time E-3 visa applicants should appear at a US consular post in Australia.

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