Visas for Temporary Employment and Business
Current U.S. immigration law allows people who have skills and talents needed in the U.S. to be admitted to the U.S. to work on a temporary or permanent basis. There are more than 20 different kinds of nonimmigrant visa categories and each is identified by an alphabetical designation. Each visa is defined by Congress in the immigration statute to serve a particular purpose, e.g., study, work, diplomatic need, etc. Several of these visas can be used for employment in the United States, under specified conditions. Common characteristics of such visas are:
- The period of admission to the U.S. is for a temporary, specifically defined period of time. In most cases, the individual must maintain an intent to return to his or her home country at the end of the visa period. However, H-1Bs and L-1s are excluded from this rule.
- Nonimmigrants with permission to work in the U.S. are either sponsored by a U.S. employer based on a specific job offer, and must work only for that employer, or receive work permission for specific objectives. For example, H-1Bs are generally employer specific, while F-1 students granted optional practical training are allowed to work for any employer in their field of study.
- Most foreign nationals undergo at least two screening processes in order to come to the U.S. First, a Consular Officer at a U.S. Consulate generally decides whether the eligibility factors of a particular visa category are met and whether the person satisfies all other criteria for admission to the U.S. ( i.e., is not a criminal, has not previously committed immigration fraud, etc.) before issuing a visa that will allow the individual to come to the U.S. Second, upon arrival, all nonimmigrants are inspected by a U.S. Customs & Border Protection (CBP) officer who reconfirms his/her qualification for admission, determines the appropriate nonimmigrant classification, and authorizes a specific length of stay.
- Any employer-sponsored nonimmigrants (including H-1Bs and certain L-1s) must have the U.S. Citizenship & Immigration Services (USCIS) approve a petition on their behalf based on defined criteria before the applicant may seek a visa overseas for admission to the U.S.
Please note that some work-authorized categories are limited by annual (fiscal year) numerical levels ( e.g., H-1B professionals and H-2B temporary or seasonal workers). Thus, they may not be available at all times and careful planning is required.
Nonimmigrant Visa Categories
| A | Diplomatic status, i.e., for ambassadors and other foreign government officials and their staff. |
| B | B-1 visitor for business; B-2 visitor for pleasure. Note that persons admitted under the Visa Waiver Program (waivers for persons from certain countries) are admitted as visitors with the same restrictions regarding employment. Visa Waiver visitors, however, have a further limitation on the duration of their stay (for a period not to exceed 90 days) and are unable to change their status, extend their stay or adjust their status in the US (with the exception of immediate relatives – the parents, minor children, and spouses of US citizens who enter the US under the visa waiver may, in some circumstances, apply to adjust their status to permanent residents). |
| C | Transit status for those in "immediate and continuous transit through the US," including U.N. transits and foreign representatives passing through the US. An individual in C status may not change to a different nonimmigrant status or apply to become a permanent resident even if he or she is an immediate relative – a parent, minor child, or spouse of US a citizen. |
| D | Crew visa. |
| E | E-1 treaty trader; E-2 treaty investor B for citizens of countries with which the US has trade and investment treaties; for the trader/investor OR for a key employee of the same nationality ('executive, supervisory, or with special qualifications essential to the efficient operation of the enterprise.); E-3 B Australian nationals in a specialty occupation. |
| F | Foreign academic student. |
| G | Representative of an international or foreign organization and staff. |
| H-1B | Employee in a specialty occupation requiring a Bachelor's degree or its equivalent; also for fashion models meeting certain eligibility criteria. |
| H-1B1 | Singaporean or Chilean national in a specialty occupation. |
| H-2 | Temporary work status for non-professionals requiring a temporary labor certification from the Department of Labor. |
| H-3 | For training not available in one's own country which will be used for a position in that country and which has a significant component of classroom-like instruction. |
| I | Representative of foreign media. |
| J | Exchange visitor. The J exchange visitor program is administered by the Department of State (DOS). The sponsor must be certified by the DOS. Obtaining a J visa or status may create the need for the foreign national to return to his or her country of citizenship (or country of last residence) for two years before acquiring H or L status or qualifying for permanent residence. Among others, J classification is available to those who would like to carry out internships, participate in other training-type programs, or serve as research scholars. |
| K-1 | Fiancé(e) of a US citizen and his or her accompanying minor children (K-2). |
| K-3 | Spouse of a US citizen on whose behalf an immigrant petition has been filed but which has not yet resulted in permanent residence, and his or her accompanying minor children (K-4). |
| L | For intra-company transferees who are transferred to the US by the US organization/branch of a company for which the employee has worked abroad as a manager or executive, or in a position requiring specialized knowledge for a period of at least one year within the previous three years. The foreign employing organization must be a subsidiary, parent, affiliate or branch office of the US company. |
| M | Non-academic student (e.g., coming to undertake vocational studies). |
| N | For designated family members of certain groups of persons qualifying as special immigrants through employment with international organizations and where certain US physical presence requirements are met. |
| O | For individuals with extraordinary ability in the sciences, arts, education, business or athletics as demonstrated by sustained national or international acclaim; or an individual employed in the motion picture or television industry who has a demonstrated record of extraordinary achievements; as well as related necessary staff members. |
| P | Athletes, artists and entertainers and related groups/teams and support personnel. |
| Q | International cultural exchange program participants. |
| R | Religious workers or ministers who have been members of a denomination having a comparable US religious organization with non-profit tax status (or which qualifies for the same). |
| S | Certain informants or witnesses for criminal cases. |
| TN | Trade NAFTA status for certain designated professional occupations held by Mexican or Canadian nationals. |
| T | Victims of severe forms of trafficking in persons. |
| U | For adult and child victims of certain extreme forms of criminal activity (trafficking in persons, prostitution, rape, involuntary servitude) who have information that will be useful to law enforcement activities and who are willing to assist with such investigations. |
| V | The beneficiary of an I-130 petition filed on or before December 21, 2000 by a lawful permanent resident for a spouse or minor child who has not yet acquired permanent resident status. This category includes the spouse ( V-1); child ( V-2); and the dependent child of the spouse or child who is accompanying or following to join the principal beneficiary ( V-3). |
MAXIMUM LENGTH OF TIME ALLOWED IN EACH CATEGORY
- E-1 and E-2 treaty traders and investors: no limit
- H-1B specialty occupation employee: maximum of 6 years, with possible extensions for persons who started the permanent residency process before they entered into their 6th year of H-1B status (or have approved I-140 visa petitions yet cannot proceed with the final stage of the permanent residency process due to a backlog in the employment-based immigrant visa quota)
- L-1B specialized knowledge employees: maximum of 5 years
- L-1A executives or managers: maximum of 7 years
- O-1 extraordinary ability individuals: no limit
- TN professionals: admission for up to 3 years at a time, with no explicit limit on the total number of years. However, the foreign national must be maintaining a foreign residence, have no intention of residing permanently in the U.S. and must be coming temporarily to the U.S.
INITIAL APPROVAL AND EXTENSION PERIODS
The initial approval period for the H, L and O categories is 3 years. H-1Bs may get an extension for a period up to 3 years; L-1s up to 2 years; and O-1s may get up to 1 year. E visa holders may be admitted initially for 2 years. TNs can get a maximum authorized stay of 3 years that is renewable in 3 year increments.
