There are many temporary immigration categories that allow foreign nationals to engage in employment in the United States. These employment visas are for people looking to work in the United States for a fixed period of time.
Most often, a potential employer files a petition for this type of work with United States Citizenship and Immigration Services (USCIS) before coming to the United States the employee would still need to apply for a visa. Please note, that spouses and family of holders of these employment visas must file for their own visas prior to coming to the U.S.
This visa is for people in specific professions or academic fields or with special expertise with the equivalent of a United States bachelor's degree or a higher equivalent in work experience. The residency period for H-1B visas is generally three (3) years.
Eligibility for an H-1B includes:
Some important things to note with the H-1B visa include:
Other H visas include:
As a representative of foreign media, you cannot travel to the United States and engage in your profession without an I nonimmigrant visa, even if you are a citizen of a country that participates in the U.S. Visa Waiver Program (VWP).
I-Visas are for eligible members of the foreign press including:
Similar occupations that represent a foreign media outlet such as print, radio, film, or other foreign information media are also eligible for this visa if the outlet has a home office in a foreign country.
These are usually indefinite visas as long as the holder is engaged in this profession for the same company. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.
You can apply for an I visa at a U.S. embassy or consulate with jurisdiction over your place of permanent residence. The Department of State establishes visa application processing and issuance fees.
L Visas are tailored for individuals who are temporarily transferring within a company at which they already work, either at the executive/management level.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.
Please note, that while the business must be viable, there is no requirement that it be engaged in international trade.
The company must continue operations for the duration of your visa, and the visa holder should expect to be transferred back upon return. In case the foreign employer closes, the U.S. employer must have a related foreign company to which the L-1 visa holder could theoretically be transferred.
The L-1A comes with a three (3) year duration.
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization's interests from one of its affiliated foreign offices to one of its offices in the United States.
The L-1B comes with a one (1) year duration.
Qualifications for an L-1 classification require that an employer must:
The O-1 visa is granted to individuals with extraordinary ability or achievement, who have reached the top of their field. This can be either in the arts, sciences, athletics, business, film, television, or education. Extraordinary ability in the fields of science, education, business, or athletics means a level of expertise indicating that you are one of the small percentage who have risen to the very top of the field.
Timing is always key with immigration issues, as such, your employer or agent cannot file the petition more than one (1) year before they actually need your services. To avoid delays, your employer or agent should file your Form I-129 at least forty-five (45) days before the date of employment.
O-1 visa grantees may also bring their loved ones through the O-3 category or an assistant needed for a particular event through the O-2 category.
P Visas are for those who excel in performance, athletic, or artistic endeavors and those who accompany these extraordinary performers. These are usually event-based durations.
The P-1A classification is tailored to individuals who are coming to the United States temporarily and solely for the purpose of performing at a specific athletic competition as:
The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
Note, the spouse and unmarried children under the age of 21 of a P-1B holder may obtain P-4 status. They may not engage in employment but may attend school or college.
R-1 Visas are extended to non-immigrant religious workers who are members of a religious denomination that holds official non-profit status in the United States and coming to work either directly for that denomination or an associated non-profit.
An R-1 nonimmigrant is a noncitizen who is coming to the United States temporarily to work at least part-time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:
To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.
United States Citizenship and Immigration Services (USCIS) may grant R-1 status for an initial period of admission for up to thirty (30) months and subsequent extensions for up to an additional thirty (30) months. However, your total period of stay in the United States in R-1 classification cannot exceed five years (60 months).
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
Eligibility for TN nonimmigrant status includes:
The United States is home to some of the best colleges and universities in the world and every year the United States attracts talented individuals from across the world looking to achieve higher education. Visas for students include F-1 for academic students, M-1 for vocational students, and J-1 for exchange students. See below for a breakdown of the differences.
The F-1 visa serves the purpose of allowing a student to temporarily live in the United States for a defined period of time while studying at a school, college, seminary, or conservatory. The academic institution in which you have been accepted and plan on attending must be approved by the Department of Homeland Security (DHS) through the Student Exchange and Visitor Program (SEVP). Basically, it needs to be accredited to be able to accept foreign students on F-1 visas.
The good news is that you will be able to work, but because this is a nonimmigrant visa, so, there will be restrictions on where you can work and the type of work. Lastly, your spouse and children can come with you, however, they will not be permitted to work, but your children can enroll in schools. Your children and spouse will be on F-2 visas and linked to your visa status.
The requirements for an F-1 visa are the following:
The M-1 visa serves the purpose of allowing a foreign student to study full-time at a technical, vocational, or other nonacademic program in the United States. In order to apply for an M-1 visa, you must satisfy the following criteria:
The J-1 visa serves the purpose of allowing nonimmigrants to travel to the United States as part of an officially approved exchange program in the arts, education, or sciences. Beneficiaries of a J-1 typically include professors, researchers, students, teachers, au pairs, or specialists of various kinds. J-1 students must be accepted in a program that has been approved by the United States Department of State.
J-1 visa classification incorporates a number of different categories of visitors, so, the specific requirements may differ. However, all programs do require the following: