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WORK VISAS

There are numerous types of temporary employment visas in addition to the various routes to permanent residence, i.e., the “green card.” The table below summarizes the types of nonimmigrant and immigrant visas available to those interested in working in the U.S. Consultations are encouraged for individuals needing additional information about the options in this table or numerous other options that may be available.

Because “green card” applications often take a long time, any immediate need to work in the U.S. should generally be addressed by a temporary, or nonimmigrant, visa.

Visa and Designation

Uses

Limit on Stay

B1 Visitor for Business

For business people making sales, conducting negotiations, attending meetings and seeking investments, and for employees working on the Outer Continental Shelf.

Indefinite. Maximum 1 year increments (but usually less)

TN for Professionals from Canadian or Mexico

Pursuant to NAFTA regulations, a work visa available to Canadian or Mexican citizens to work in the U.S. in a variety of occupations.

Indefinite (1 year increments)

H1B Specialized Knowledge Workers

For persons holding a college degree or equivalent experience, to work in professional occupations. The position offered must require a degree in a specialty occupation, and the alien must hold appropriate degree or equivalent. USCIS permits experience to substitute for education. Includes separate quotas for Chile and Singapore.

Generally 6 Years (up to 3-year increments)

H1C Registered Nurses in Health Professional Shortage Areas

For persons licensed to perform nursing services at an approved facility in a designated Health Professional Shortage Area.

Permanent

H2 Temporary or Seasonal Workers

For persons working in temporary or seasonal occupations. H-2A is for agricultural workers; H-2B is for non-agricultural workers. Labor may be skilled or unskilled.

3 years (up to 1-year increments)

H-3 Trainees

Trainee position that may be sponsored for up to 18 months, for persons seeking training in a field which is not available in the home country.

2 Years

I Visa for Journalists or Representatives of Foreign Media

For members of the press, radio, film or print industries, whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations, traveling to the U.S. to engage in their profession. The applicant must be engaging in qualifying activities for a media organization having its home office in a foreign country.

Indefinite (1 year increments)

L1A Intracompany Transferees - Managers or Executives

For executives or managers who have worked for at least 1 year in the preceding 3 years for a foreign parent, subsidiary, affiliate, or branch office of the US company that will employ them.

7 Years (up to 3-year increments), Limited to 1 year initially for new office

L1B Intracompany Transferees - Specialized Knowledge Workers

For employees who have worked for at least 1 year in the past 3 for a foreign parent, subsidiary, affiliate, or branch office of the proposed US employer, and who can demonstrate that they possess a unique specialized knowledge which is essential for the U.S. employer.

Same as L-1A, but 5 year maximum

NATO

For members of the armed services of the nations of NATO (North Atlantic Treaty Organization) as well as their staff and personal employees.

Indefinite, subject to State Department protocols

O-1 Aliens of Extraordinary Ability

For persons of extraordinary ability in the arts, sciences of business who can demonstrate that they are of renown in their field.

Indefinite (1 Year Increments)

P Visas for Entertainers and Athletes

For entertainers or athletes, individuals or groups, who are either internationally known or will engage in a culturally unique performance.

Indefinite (1 Year Increments)

R Religious Worker

For members of a bona fide religious denomination performing duties of a religious worker.

5 Years (up to 2-year increments)

E1 Treaty Trader

Direct and develop import/export trade between the US and the treaty country; also includes "essential" employees of trading company, who are of company's nationality.

Indefinite (in 1 to 2 year increment initially with extensions of up to 5 years based on size and success of investment)

E2 Treaty Investor

Direct and develop investments made in the US by a treaty country national/company or serve as essential employees.

Indefinite (in 1 to 2 year increment initially with extensions of up to 5 years based on size and success of investment)

E3 Australians in a Specialty Occupation

Similar to H-1B, for citizens of Australia holding a college degree or equivalent experience, to work in professional occupations. The position offered must require a degree in a specialty occupation, and the alien must hold appropriate degree or equivalent. For persons abroad, application is filed direct with consulate.

Indefinite (in 2 year increments)

Permanent residence - First Preference

International managers and executives, aliens with extraordinary ability in the arts, sciences and business; and outstanding professors or researchers.

Permanent

Permanent residence - Second Preference

Professionals with advanced degrees, or a bachelor's degree plus 5 years of progressive experience, or those with exceptional ability in the sciences, arts or business. Also, persons seeking a National Interest job offer waiver based on value of their professional contributions to the United States.

Permanent

Permanent Residence - Third Preference

Professionals with 4-year degrees, and skilled workers. Also other workers who have less than two years of relevant experience.

Permanent

Permanent residence - Other Workers

Subcategory within Third Employment Preference for workers whose jobs require less than two years training, education or experience. Limited to 10,000 per year.

Permanent

Permanent residence - Fourth Preference

Special immigrant ministers and religious workers. Must have worked full-time as a minister or in an occupation with significant religious content for recognized religious organization, and be sponsored by same or similar organization in the U.S. Limited to 10,000 per year.

Permanent

Permanent residence - Fifth Preference

Employment Creation. To qualify, a foreign national must establish that he or she has invested in an active business, including showing a substantial investment ($500,000 to $1 million depending on the geographic area) and creation of at least 10 jobs. If approved, granted conditional residence for two years, at which time applicant must show that investment amount and job creation are still at required levels.

Permanent

Visa and Designation	Uses	Limit on Stay
B1 Visitor for Business	For business people making sales, conducting negotiations, attending meetings and seeking investments, and for employees working on the Outer Continental Shelf.	Indefinite. Maximum 1 year increments (but usually less)
TN for Professionals from Canadian or Mexico	Pursuant to NAFTA regulations, a work visa available to Canadian or Mexican citizens to work in the U.S. in a variety of occupations.	Indefinite (1 year increments)
H1B Specialized Knowledge Workers	For persons holding a college degree or equivalent experience, to work in professional occupations. The position offered must require a degree in a specialty occupation, and the alien must hold appropriate degree or equivalent. USCIS permits experience to substitute for education. Includes separate quotas for Chile and Singapore.	Generally 6 Years (up to 3-year increments)
H1C Registered Nurses in Health Professional Shortage Areas	For persons licensed to perform nursing services at an approved facility in a designated Health Professional Shortage Area.	Permanent
H2 Temporary or Seasonal Workers	For persons working in temporary or seasonal occupations. H-2A is for agricultural workers; H-2B is for non-agricultural workers. Labor may be skilled or unskilled.	3 years (up to 1-year increments)
H-3 Trainees	Trainee position that may be sponsored for up to 18 months, for persons seeking training in a field which is not available in the home country.	2 Years
I Visa for Journalists or Representatives of Foreign Media	For members of the press, radio, film or print industries, whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations, traveling to the U.S. to engage in their profession. The applicant must be engaging in qualifying activities for a media organization having its home office in a foreign country.	Indefinite (1 year increments)
L1A Intracompany Transferees - Managers or Executives	For executives or managers who have worked for at least 1 year in the preceding 3 years for a foreign parent, subsidiary, affiliate, or branch office of the US company that will employ them.	7 Years (up to 3-year increments), Limited to 1 year initially for new office
L1B Intracompany Transferees - Specialized Knowledge Workers	For employees who have worked for at least 1 year in the past 3 for a foreign parent, subsidiary, affiliate, or branch office of the proposed US employer, and who can demonstrate that they possess a unique specialized knowledge which is essential for the U.S. employer.	Same as L-1A, but 5 year maximum
NATO	For members of the armed services of the nations of NATO (North Atlantic Treaty Organization) as well as their staff and personal employees.	Indefinite, subject to State Department protocols
O-1 Aliens of Extraordinary Ability	For persons of extraordinary ability in the arts, sciences of business who can demonstrate that they are of renown in their field.	Indefinite (1 Year Increments)
P Visas for Entertainers and Athletes	For entertainers or athletes, individuals or groups, who are either internationally known or will engage in a culturally unique performance.	Indefinite (1 Year Increments)
R Religious Worker	For members of a bona fide religious denomination performing duties of a religious worker.	5 Years (up to 2-year increments)
E1 Treaty Trader	Direct and develop import/export trade between the US and the treaty country; also includes "essential" employees of trading company, who are of company's nationality.	Indefinite (in 1 to 2 year increment initially with extensions of up to 5 years based on size and success of investment)
E2 Treaty Investor	Direct and develop investments made in the US by a treaty country national/company or serve as essential employees.	Indefinite (in 1 to 2 year increment initially with extensions of up to 5 years based on size and success of investment)
E3 Australians in a Specialty Occupation	Similar to H-1B, for citizens of Australia holding a college degree or equivalent experience, to work in professional occupations. The position offered must require a degree in a specialty occupation, and the alien must hold appropriate degree or equivalent. For persons abroad, application is filed direct with consulate.	Indefinite (in 2 year increments)
Permanent residence - First Preference	International managers and executives, aliens with extraordinary ability in the arts, sciences and business; and outstanding professors or researchers.	Permanent
Permanent residence - Second Preference	Professionals with advanced degrees, or a bachelor's degree plus 5 years of progressive experience, or those with exceptional ability in the sciences, arts or business. Also, persons seeking a National Interest job offer waiver based on value of their professional contributions to the United States.	Permanent
Permanent Residence - Third Preference	Professionals with 4-year degrees, and skilled workers. Also other workers who have less than two years of relevant experience.	Permanent
Permanent residence - Other Workers	Subcategory within Third Employment Preference for workers whose jobs require less than two years training, education or experience. Limited to 10,000 per year.	Permanent
Permanent residence - Fourth Preference	Special immigrant ministers and religious workers. Must have worked full-time as a minister or in an occupation with significant religious content for recognized religious organization, and be sponsored by same or similar organization in the U.S. Limited to 10,000 per year.	Permanent
Permanent residence - Fifth Preference	Employment Creation. To qualify, a foreign national must establish that he or she has invested in an active business, including showing a substantial investment ($500,000 to $1 million depending on the geographic area) and creation of at least 10 jobs. If approved, granted conditional residence for two years, at which time applicant must show that investment amount and job creation are still at required levels.	Permanent