Simmons, Ungar : Nonimmigrant Employment Visas




	KEY TEMPORARY EMPLOYMENT VISA CATEGORIES

	B-1 business visitors E-1 or E-2 for an employee (or the trader or investor him/herself) of a company with majority ownership by citizens of a country with which the U.S. has a trade or investment treaty F-1 student in possession of a USCIS-issued employment authorization document for “optional practical training” or an authorization to work indicated on the student's Form I-20 issued by a school official for “curricular practical training” H-1B professional employee in a “specialty occupation” (position requiring a bachelor’s degree) who holds a bachelor's degree or the equivalent in the applicable field of endeavor J-1 exchange visitor with specific authorization to work for your company or with “practical training” authorization L-1A intracompany managerial/executive transfer from overseas office L-1B intracompany “specialized knowledge” transfer from overseas office O-1 for a person with extraordinary ability in the sciences, arts, education business or athletics TN professional from Canada or Mexico

	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 1 year 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-1B's 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. TN's can get a maximum authorized stay of 1 year that is renewable in 1 year increments.