Prospective immigrants are often not familiar the appropriate temporary visa options available. In some cases, an individual looking to work temporarily in the US will be eligible for multiple types of visas, depending on the work requirements.
Use the list below as a starting point to determine which visa is most appropriate in your particular situation. Contact the Law Office of caul A Lovrich today for a consultation.
B-1 Visa: Temporary Business Visit
A B-1 Visa applicant is required to maintain a foreign residence and is authorized to enter the US temporarily for a business purpose. The visitor is not authorized to accept employment in the US.
E-1 Visa: Treaty Trader
E-2 Visa: Treaty Investor
E-3 Visa: Australian Specialty Occupation
The E-3 visa is available to Australian citizens entering the United States to work in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least a bachelor’s degree or its equivalent.
F-1 Visa: Student Visa
The F-1 visa allows a foreign national to enter the United States and enroll as a full-time student.
H-1B: Specialty Occupation
The H-1B visa authorizes an individual to enter the United States as a professional in a specialty occupation. The specialty occupation requires “the theoretical and practical application of a body of highly specialized knowledge” that typically require at least a bachelor’s degree or its equivalent.
H-1B1 Visa: Chile/Singapore Free Trade
The H-1B1 visa, similar to the TN visa, is available to the citizens of Chile and Singapore engaged in a specialty occupation with the United States under NAFTA.
H-2B Visa: Temporary/Seasonal Visa
The H-2B visa allows temporary or seasonal non-agricultural workers enter the United States. The visa is limited to citizens and nationals of designated countries, with limited exceptions, if determined to be in the US interest.
H-3 Visa: Training Visa
The H-3 visa allows an individual to enter the United States as a:
(1) Trainee to receive training in any field including but not limited to agriculture, commerce, communications, finance, government, transportation air other professions, other than graduate medical education or training, that is not available in the individual’s home country;
(2) Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental or emotional disabilities. There is a numerical cap on the number of H-3 special education exchange visitors.
J-1 Visa: Exchange Visa
The J-1 visa allows individuals (exchange visitors) who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training to enter the United States.
Examples of exchange visitors include, but is not limited to, the following: professors or scholars, research assistants, students, trainees, teachers, specialists, nannies/Au pairs, and camp counselors.
K-1/K-3 Visa: Spouse/Finacé(e)
L-1 Blanket Visa: Intra-company Transferee
An individual may be granted an L-1 visa if he or she (1) is a manager, executive, or has specialized knowledge, employed by a foreign company; (2) has been working abroad for at least one continuous year within the past 3 years; and (3) the employer must be an affiliate of the parent foreign company or planning to do business in the United States.
L-1A: Executive/Managerial Transferee
The L-1A visa permits 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. It also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
L-1B Visa: Specialized Knowledge Transferee
The L-1B visa permits 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. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
L-2 Visa: Spouse/Child of Intra-company Transferee
The L-2 visa allows the spouses and children of of L-1 visa holders to enter the United States.
O-1 Visa: Extraordinary Ability/Achievement
The O-1 visa allows an 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 to enter the United States.
P-1 Visa: Internationally Recognized Athlete/Entertainer
The P-1 visa allows an internationally recognized athlete or entertainer to enter the United States.
R-1 Visa: Religious
The R-1 visa allows a foreign national to enter the United States temporarily to be employed at least part-time by a non-profit religious organization to work as a minister or in a religious occupation.
TN Visa: NAFTA Professionals
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN visa permits qualified Canadian citizens and Mexican citizens to enter the United States to engage in business activities. These activities include accountants, engineers, lawyers, pharmacists, scientists and teachers.