• The rules concerning eligibility for visas that allow foreign nationals to work in Puerto Rico are identical to those for the continental United States.
• Several business-related nonimmigrant visa categories for the US are described below. 
• These apply to Puerto Rico as well.

Visitor for business—B-1

• B-1 status is issued to people temporarily visiting the United States/ Puerto Rico to engage in business on behalf of foreign employers. 
• B-1 holders may not be employed by or receive salary from US employers, but, among other activities, they may negotiate contracts, sell company products, develop business leads and attend conferences and business meetings on behalf of their foreign employers. 
• A temporary business visitor may accept reimbursement for incidental expenses such as travel expenses. 
• A B-1 visitor must retain unrelinquished domicile in the foreign country to where he or she intends to return at the conclusion of his or her temporary US stay. 
• In general, business visitors with B-1 visas may enter the United States for periods of up to six months. 
• However, B-1 status can be granted for a shorter period, often not exceeding 30 days, unless the business visitor can justify a longer period of admission. 
• Applications for an extension beyond the initial entry period can be sought from the United States Citizenship and Immigration Service (USCIS).

Specialty occupations—H-1B

• The H-1B category covers foreign nationals employed in specialty occupations that require a theoretical and practical application of highly specialized knowledge, as well as a bachelor’s degree or the equivalent in the field. 
• Before applying for an H-1B visa, an employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL) and certify that, among other things, the foreign national will be paid at least the prevailing wage for the proffered position. 
• On 15 March 2019, the DOL issued policy guidance regarding LCA posting requirements. 
• A prospective employer must also provide notice of filing the application by posting a hard copy notice, electronic notification or, when applicable, notification to the company’s bargaining representative. 
• If posting by hard copy notice, the employer must post notice of filing the application in two conspicuous locations at the employment site for at least 10 consecutive business days. 
• If the employer meets the requirements, the holder of the H-1B status is entitled to a maximum six-year stay in the United States. 
• In specified circumstances, extensions beyond the six-year limit may be available. 
• Each year, only 65,000 H-1Bs are made available. 
• In addition, regulations allow a further 20,000 H-1Bs to be issued to persons having a master’s or higher degree from qualifying US post-secondary institutions. 
• These requirements apply to both initial and renewal petitions. Prior to issuing this policy guidance, the USCIS generally permitted petitioning employers to provide general statements regarding the dates and locations of an H-1B worker’s proposed or possible employment at external client locations. 
• The current policy guidance specifically overturns the prior guidance and institutes a requirement for a specific, detailed itinerary corroborated by contracts covering these employees’ work. 
• On 19 November 2018, a new ETA Form 9035, Labor Condition Application (LCA), was implemented by the DOL. 
• The new LCA form requests that the employer discloses the following: 

• • Estimated number of workers that will perform work at the intended place of employment 
  • Whether the worker subject to the LCA will be placed with a secondary employer at the place of employment 
  • If the worker is placed with a secondary employer, the legal business name of the secondary employer 

• These revisions were made to improve transparency about the number of H-1B workers being sent to worksites, the locations at which H-1B workers will be placed and the entities with which H-1B workers will be placed.

Specialty occupations—Trainees—H-3

• H-3 status may be issued to foreign nationals to enter the United States/ Puerto Rico for up to two years to receive training and to develop skills that will be used in their careers abroad. 
• Trainees must participate in structured training programs at US/ Puerto Rican companies. 
• The programs must incorporate theoretical and practical instruction, and may not consist solely of on-the-job training. 
• The training must be unavailable in the foreign national’s home country, and the skills acquired must apply to work outside the United States. 
• For short-term training assignments (typically up to three months), an H-3 visa may not be required (for someone who falls under the VWP or who does not require a US visa), because in some instances the US immigration authorities recognize the “B-1 in lieu of an H-3” visa, which allows individuals to apply at a consulate (or in the case of the VWP, at the port of entry) for admission for the purpose of short-term training. 
• Spouses and unmarried children of H-3 visa holders are eligible for H-4 status, but are not permitted to work in the United States.

Intracompany transferees—L-1

• L-1 visas may be issued to foreign nationals who are employed abroad in executive or managerial positions, or who hold positions involving specialized knowledge in the company’s procedures, processes, services and/or products. 
• On 15 November 2018, the USCIS issued a Policy Memorandum (PM) clarifying the requirement that the qualifying organization must have employed the principal L-1 beneficiary at the related foreign entity abroad for at least one continuous year during the three years preceding the time of petition filing. 
• The PM explains the following: 

• • The L-1 beneficiary must be physically outside of the United States during the required one continuous year of employment. 
  • The petitioner and the beneficiary must meet all requirements, including the one year of foreign employment, at the time the petitioner files the initial L-1 petition. 

• Specifically, the PM states that while a qualifying foreign entity employs a beneficiary abroad, brief trips to the United States for business or pleasure in B-1 or B-2 status tolls the one continuous year of employment abroad. 
• If the beneficiary made brief trips to the United States that year for a total of 60 days, the beneficiary would need to accrue at least an additional 60 days of qualifying employment to meet the one-year foreign employment requirement. 
• On arrival in the United States, the beneficiary must assume an executive, managerial or specialized knowledge position with the US affiliate, parent, subsidiary or branch office.
• Managers and executives may be issued and retain L-1A status for up to seven years; 

L-1B specialized-knowledge personnel may remain in the United States in that status for up to five years. 

• For startup operations, L-1 visas are granted initially for a one year “new office” period. 
• For visa extensions, startup companies must prove at the end of the year that they are “doing business” in the United States and have made progress toward becoming viable operating entities that need the services of managers, executives or personnel with specialized knowledge. 
• If, at the end of the first year, the startup company is unable to prove that this progress has been made, it may be possible for the individual to receive an extension of an additional year to continue to grow the business. 
• L-1B specialized knowledge visa holders may not work primarily at a worksite other than that of the petitioning employer if either of the following conditions will apply: 

• • The work to be carried out will be controlled by a different employer. 
  • The off-site arrangement will provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer.

Extraordinary ability—O-1

• The O-1 visa category is for persons of extraordinary ability in the sciences, arts, education, business or athletics. 
• Separate tests for demonstrating extraordinary ability exist for the following categories of individuals: 

• • Foreign nationals in the motion picture and television industries 
  • Other foreign nationals Most foreign nationals must prove their claim of extraordinary ability by providing evidence of sustained national or international acclaim. 

• They may enter the United States only to work in their fields, and US immigration authorities must determine that their entry substantially benefits the United States. 
• O-1 petitions are submitted to the USCIS for adjudication, and in some instances must be accompanied by proof of consultation with appropriate US labor unions (particularly those representing individuals in the arts, entertainment or athletics).