For corporations, nonprofit entities and other organizations, it is occasionally essential to bring an individual worker or a team of workers to the U.S. from overseas temporarily, and there are also a large number of organizations seeking to expand their operations to American soil.
Non-immigrant visas are granted to foreign citizens who wish to visit the United States for some length of time. Some non-immigrant visas are for short bouts of travel and work trips, while other visas are for several years of employment. Most non-immigrant visas are granted on the understanding that the visa holder does not have plans to stay in the United States permanently. However, some temporary visa options allow the foreign national to later adjust to permanent residency.
Types of Employment-Based Non-Immigrant Visas
- B Visa: The B-1 visa is a temporary visa designed for foreign workers who are traveling to the United States for business reasons. B-1 visa holders cannot hold jobs in the U.S. and must prove that they plan to return to their home country. The B-2 visa for temporary visitors is the most common visa granted to foreigners. Tourists or those who are visiting for business may visit for up to six months, though applicants can petition the USCIS to stay for up to one year. B visa holders must prove they have funds to pay for their time in the United States and that they do not plan to stay permanently.
- E-1 Visa: The E-1 visa allows an individual who is from a treaty country (a country that has a treaty of commerce and navigation with the United States) to enter the United States for the purpose of international trade for himself or herself.
- E-2 Visa: If an individual from a treaty country is investing a substantial amount of money in a United States business, this visa may be available to him or her.
- L-1 Visa: L-1 visas are for intra-company transfers. Specifically, executives, managers, or specialized workers who are needed to work in United States offices can transfer to the United States for limited periods of time after obtaining this visa. These visa holders must be either executives, managers, or have special skills and knowledge related to their company. Spouses of L-1 visa holders may obtain an L-2 visa and can also obtain an open market work permit.
- H Visa: The H-1B visa is a popular employment visa for skilled workers in specialty occupations with a college degree or equivalent experience. These visas last for up to three years and can be renewed after that time period for a maximum of six years (unless the permanent residency process has been started and reached a certain point of the process). H-2B visas are issued to temporary, seasonal workers.
- TN Visa: Citizens of Canada and Mexico may qualify for this visa if they wish to work in the United States in specific professions on a temporary basis.
- K Visa: The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the country for up to 90 days to get married. The K-3 visa allows the spouse of a U.S. citizen to live in the United States while going through the green card process. The K-2 and K-4 visas are issued to the unmarried minor children of the fiancé(e) or spouse to enter the United States.
- O Visa: O visas are for individuals who have extraordinary abilities or achievements. There is a range of educational fields that can be drawn upon for these visas, including the sciences, arts, education, business, athletics and artistic fields.
- P Visa: P visas are for athletes and their support staff. Individual athletes or teams can obtain a P-1A visa. The P-1A visa can be for a specific competition or event, or it can be for a longer duration if the athlete has numerous competitions. An individual can receive a P-1A visa for up to 5 years while a group can obtain a visa for only 1 year. Entertainment groups can obtain P-1b visas valid for the length of the engagement, but no longer than 1 year at a time. There is also the P-3 category for artists or entertainers coming to perform or to teach or coach. Spouses and children of each of these categories may obtain P-4 visas which allow them to reside in the U.S. but they cannot work on P-4 status.
- J-1 Visa: J-1 exchange visas are for students, scholars, trainees, teachers, professors, research assistants, or specialists who come to the United States as part of an exchange program. One thing to be aware of is that sometimes J-1 visa holders are subject to a two year foreign residency requirement upon completion of their program. If subject to this requirement it could negatively impact future plans if not properly analyzed.
- F-1 Visa: This F-1 visa is for any foreigner who wishes to pursue a course of study in the United States, including a high school, college, or university. Students must plan to return to their home country after completing their studies.
- M-1 Visa: These visas are specifically for students who are coming to the United States temporarily in order to attend a vocational school or other non-academic institution.
- R-1 Visa: This visa is for religious workers, such as ministers. The religion must be recognized as a non-profit religious organization by the United States and the worker must be coming to the U.S. to work for his or her place of worship.