Work Visas (Employment Visas)
E-1 Visa
The E-1 Visa is issued to individuals known as 'treaty traders'. A treaty trader is a national of a country with which the United States maintains a treaty of commerce and navigation. An individual applying for the E-1 visa should be coming to the United State to carry on substantial trade, or to develop and direct the operations of a business in which they have invested or will soon invest a substantial amount of capital. Additionally, the individual must also be a national of a treaty country and must be involved in international trade. The individual's spouse and children may join him/her under the same status. The individual's employees, or the employees of his/her treaty company, may also receive E-1 visas.
E-2 Visa
The E-2 visa is issued to individuals known as 'treaty investors'. A treaty investor is a national of a country with which the United States maintains a treaty of commerce and navigation. A treaty investor should be coming to the United States to involve themselves in a substantial investment. The investment may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, the treaty investor may petition for permanent immigration status. The traety investor's spouse and/or children under the age of 21 may accompany him/her under E-2 status. The treaty investor's employees may also be eligible for the E-2 Visa.
E-3 Visa
The new E-3 visa classification is limited to 10,500 Australian nationals annually. E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a “specialty occupation”. It thus will be helpful in some situations where the H1B otherwise would be the logical category.
H-1B Visa
H-1B visa regulations are constantly changing. Therefore, applicants seriously considering this category as a means of working in the United States on a temporary basis should stay informed and updated as much as possible. The following information is not tailored to any one individual but provides general information about this category. For more specific information on a particular category of worker, please visit our H-1B requirements page.
H-2A Visa
The H-2A Visa is the most functional of visa categories. The visa allows foreign workers entry to the US to work in agriculture. The H-2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer. Workers' spouses and unmarried children under the age of 21 are allowed to join them in the US under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.
H-2B Visa
The H-2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa. However, medical graduates are not allowed to apply for this visa. The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.
H-3 Visa
The H-3 Visa is specifically designed to enable you to train in the U.S. in almost any discipline. The BCIS calls this loose classification, 'any field of endeavor'. This includes agriculture, technology, communications and governmental leadership. This loose classification does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H-3 Visa. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Family members are not permitted to work while in the U.S.
I-Visa
The I Visa is available to media employees including reporters, freelance journalists and film crew members; mainstream filmmakers are not eligible for this status. I visas are available to persons only to work for a foreign media outlet, or a US-based subsidiary of a foreign media company. Your spouse and unmarried children under the age of 21 may be eligible for a derivative I status.
L-1 Visa
The L-1 visa is open to international organizations with offices in the United States, and who transfer employees to the United States office for temporary periods of time. This visa is sometimes referred to as the "intra-company transferee" visa. To obtain an L-1 visa, one must be able to prove that they have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company. This visa comes in the following categories: (1) L-1A visas - for executives and managers; (2) L-1B visas - for personnel with specialized knowledge. Spouses and unmarried children under the age of 21 are allowed to join L-1 visa holders in the U.S., under L-2 status. They are not allowed to work, but can attend school or college. Servants may be eligible for a B-1 visa with work authorization.
O-1 Visa
The visa enables people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industry to enter the US for temporary periods of time. USCIS loosly defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers.
O-2 Visa
O-2 visas are offered to support personnel of O-1 Visa holders in the fields of athletics, entertainment, motion picture and television production. This status is not applicable to personnel in the sciences, business or education.
P-1 Visa
P-1 visas are issued to entertainers, circus artists, and athletes who wish to work in the US Outstanding athletes may apply for this visa in order to compete in the US, either as individuals or as members of an internationally recognized athletic team.
P-2 Visa
The P-2 visa is appropriate for artists, entertainers and entertainment troupes or bands entering the United States through a government recognized reciprocal exchange program. There should be two organizations involved in this exchange program: one in the United States and one abroad. Spouses and children of the P-2 visa holder may obtain a P-4 visa to enter and remain in the US. The P-4 visa holders are not allowed to work in the US, but may attend school.
P-3 Visa
The P-3 visa offers art teachers the ability to share their skills and talents with individuals in the US. Under P-3 status, teachers can enter the US and train others in their particular discipline.
Q-1 Visa
The Q-1 international cultural exchange program provides practical training, employment and the sharing of the history, culture, and traditions of the participant's home country in the United States. This visa enables individuals to participate in exchange visitor programs in the United States.
R-1 Visa
The R-1 Visa enables religious workers to temporarily enter the United States. A religious vocation is defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers. A religious occupation is defined as a continual engagement in an activity related to a traditional religious function. This definition includes liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators and religious broadcasters. However, it doesn't include janitors, maintenance workers, clerks, fund raisers or solicitors of donations. Your spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S., but may attend school.
TN Visa
Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a NAFTA-approved professional occupation.
H-1B Visa Alert
Urgent: Get your H-1B cases prepared now for filing on April 1, 2007 to begin work October 1, 2007!