Non-Immigrant / Temporary Visas
Various business and work non-immigrant visas allow individuals to conduct business or engage in employment in the United States for a temporary period of time, for a restricted purpose consistent with the respective non-immigrant visa sought, and subject to other restrictions and requirements.
- B-1
Temporary Business Visitor Visa
B-1 visas allow foreign nationals to come to the United States for legitimate business and commercial purposes. This visa is for a short duration and does not allow individuals to engage in local employment.
- H-1B Professionals in Specialty Occupations Visa
The H-1B visa allows individuals to come to the United States to work in a field that requires specialization or special skills.
- H-2B Seasonal Non-Agricultural Workers Visa
H-2B visas permit business owners to hire foreign workers to perform seasonal, peak-load, intermittent, or one-time only work of non-agricultural nature.
- L-1 Intra Company Transfers Visa
The L-1 visa allows foreign-based executives, managers, and employees with a specialized skill to be transferred to a United States division, affiliate, subsidiary, or parent branch of an international company.
- O-1 Persons of Extraordinary Abilities Visa
The O-1 visa is available for foreign artists, athletes, entertainers, scientists, educators, and business people of extraordinary ability or achievement who wish to temporarily come to the United States to work in their field of achievement.
- P-1 Professional Artists, Athletes &Entertainers Visa
This visa is for artists, athletes and entertainers.
- R-1 Religious Workers Visa
An R-1 visa allows individuals to enter the United States to work as a religious minister, or in a professional capacity for a qualifying religious organization.
- TN Visa
TN visas are available to skilled workers from Canada and Mexico under the North American Free Trade Agreement (NAFTA). TN visas permit Canadian and Mexican citizens to temporarily enter the United States to work in a NAFTA approved occupation.
- E-1/E-2
Treaty Trader and Investor Visa
Where a reciprocal treaty of commerce and navigation is in place between the United States and another country, a national of that other country may be able to come to the United States to engage in substantial trade between the United States and that other country, or to develop or direct active investments made in the United States.
Permanent Residence ("Green Card")
Permanent residence may be obtained through an employment-based petition, allowing an individual to live and work in the United States for an indefinite period of time, subject to restrictions and requirements.
The employment-based category is organized into a preference system subject to an annual quota, as well as other restrictions and requirements.
- First Preference or EB-1:
- "Extraordinary Ability" in the sciences, arts, education, Business and athletics
- Outstanding Professors and Researchers
- Intra-Company Transfers - Executive or Managers
Petitions filed under this preference category do not require going through the time-consuming labor certification process, but are nonetheless subject to other restrictions and requirements.
- Second Preference or EB-2:
- Professionals with advanced degrees
- Aliens of "Exceptional Ability" in the sciences, arts or business
Generally, in addition to other restrictions and requirements, petitions filed under this preference category require an offer of employment and that the potential employer complete the labor certification process. In limited circumstances, a "national interest waiver" of the labor certification requirement may be obtained.
- Third Preference or EB-3:
- Professionals with bachelor's degrees
- Skilled workers filing positions requiring at least two years of training or work experience
- Other workers (less than two years of training or work experience)
Generally, in addition to other restrictions and requirements, petitions filed under this preference category require an offer of employment and that the potential employer complete the labor certification process.
- Fourth Preference or EB-4: Special Immigrant Visa Workers.
- Qualified ministers and religious workers, and
- Other limited categories
- Fifth Preference or EB-5: Employment Creation
- Investors with:
- An investment of at least $1,000,000 in an active U.S. business which employs at least 10 persons, or
- In designated targeted employment areas (qualifying rural areas, or locations with unemployment rate 150% of national average), an investment of $500,000 with creation of 10 jobs may qualify.
Residence based on this preference is granted on a conditional basis for two years. If investment and employment continue beyond the two years, the conditions on residence may be removed after filing a timely and successful "Petition by Entrepreneur to Remove Conditions".