U.S. Visa Types

Non-immigrant visas are issued to tourists (temporary visitors for pleasure) and business visitors (people engaging in commercial transactions in the U.S. but not employment). Visitors are issued a multiple purpose business/tourist visas (B-1/B-2 category). Both B-1 and B-2 visa are valid for one year and are renewable in six-month increments. Holders of B-1 or B-2 visas may not accept employment in the U.S. However, an alien on a B-1 may do work for a foreign company located in the U.S.

The alien must prove that the trader: a) is a national of a country with which the United States maintains a treaty of commerce and navigation and b) carries on substantial/principal trade between the United States and the treaty country which qualified the trader for E-1 classification.

To qualify for E-2 classification, the treaty investor must be a national of a country with which the United States maintains a treaty of commerce and navigation, have invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, and be seeking to enter the United States solely to develop and to direct the investment enterprise. This is established by showing at least 50 percent ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The F-1 Visa (Academic Student) allows individuals to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and the school must be authorized by the U.S. government to accept international students.

This category includes students in vocational or other non-academic programs, other than language training.

A fiance(e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.

The O-1 category is set aside for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

This category applies to those coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

An individual may be eligible for a Q-1 non-immigrant visa if he or she is seeking to participate in an international cultural exchange program. The Q non-immigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of other countries with the United States.

L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.

U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge, including, but not limited to: scientists, engineers, or computer programmers.

In order to qualify as a specialty occupation, the applicant must prove theoretical and practical application of a body of specialized knowledge, have at least a bachelor’s degree or its equivalent, and demonstrate that employers can pay the prevailing wage. Occupations which are considered specialty occupations include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

One of the advantages of the H-1B category is that the employer does not need to demonstrate that there is a shortage of qualified U.S. workers and, consequently, a labor certification process can be avoided. Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer need only verify that the H-1B worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for U.S. workers.

When the employer obtains the wage information, a Form ETA 9035 (Labor Condition Application – LCA) must be submitted to the US Department of Labor. On this form, the employer must submit the wage to be paid, the prevailing wage, and must make certain attestations.

Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors, and Au Pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency.

With certain restrictions, F and J visa holders may work while in the U.S. F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment after the first academic year. The M visa holder’s ability to work however is more limited as they may engage in practical training only after they have completed their studies.

Religious workers may be eligible for an R-1 visa if they are coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part-time (average of at least 20 hours per week).