Nonimmigrant Visas

• E-1 and E-2 visas are also available to employees who are performing managerial, executive or essential roles for the E-1 or E-2 businesses, provided that the employee is a national of the same treaty country.

• Available to Australian professionals coming to the United States to perform services in a professional occupation;
• Employer-specific, but concurrent employment permitted;
• Can be part-time or full-time;
• Quota of 10,500 visas per year (but quota has never been reached);
• Requires a U.S. bachelor’s degree or the foreign equivalent of a U.S. bachelor’s degree;
• May combine education and professional experience for the equivalent of a bachelor’s degree;
• Duration:
  • May be approved for up to 2 years;
  • Can be extended indefinitely;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for E-3 dependent status and may attend school;
  • E-3 spouses may apply for unrestricted employment authorization.

• Available to professionals coming to the Untied States to perform services in a specialty occupation;
• Employer-specific, but concurrent employment permitted;
• Dual intent visa (i.e. H-1B allows immigrant intent)
• Private industry quota of 85,000 per fiscal year (65,000 for general pool of applicants and 20,000 for graduates with U.S. Master’s or higher degree);
  • The following cap-exempt organizations are not subject to the H-1B quota:
    1. Institutions of higher education (i.e. universities and colleges);
    2. Non-profit organizations affiliated with institutions of higher education;
    3. Non-profit research organizations; and
    4. Government research organizations.
• Requires a U.S. bachelor’s degree or the foreign equivalent of a U.S. bachelor’s degree;
• May combine education and professional experience for a bachelor’s degree;
• Requires a job offer in a position that normally requires a bachelor’s degree to perform the job;
• An H-1B employer must make certain attestations to the government that include paying the prevailing wage for the occupation;
• Duration:
  • May be approved for up to 3 years; can be extended up to a maximum of 6 years;
  • Any time spent in L-1 status counts towards the H-1B maximum period of time;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for H-4 dependent visas and may attend school;
  • H-4 spouses and children are not authorized to work. However, they may apply for their own work visas if they qualify under any of the nonimmigrant visa categories.

• Available to professionals from Chile and Singapore;
• Employer-specific, but concurrent employment permitted;
• Quota of 1,400 H-1B1 visas for Chileans and 5,400 H-1B1 visas for Singaporeans;
• Requires a U.S. bachelor’s degree or the foreign equivalent of a U.S. bachelor’s degree;
• May combine education and professional experience for a bachelor’s degree;
• Duration:
  • 18 months;
  • Renewable indefinitely but must show ties to home country;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for H-4 dependent status and may attend school;
  • H-4 status does not grant employment authorization.

• Available to representatives of foreign media traveling on assignment to the United States;
• Freelance journalists may qualify if they are under contract with a foreign media organization;
• A representative of a foreign media includes, but is not limited to, members of the press, radio or film whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations;
• The activities to be engaged in the U.S. must generally be associated with journalism;
• Duration:
  • Varies from country to country depending on the reciprocity agreement with the United States;
  • I visa holders are admitted “D/S” (valid for “Duration of Stay”) upon arrival in the United States, usually the length of the assignment or for the validity of the I visa.
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for I dependent status and may attend school;
  • I dependent status does not grant employment authorization.

• Available to managers, executives and persons holding specialized knowledge who own or are employed by a multinational company abroad;
• Individual must have worked for the overseas entity for at least one of the last three years, in a managerial, executive or specialized knowledge capacity, and must be transferred to the United States in a managerial, executive or specialized knowledge position;
• Employer-specific;
• Duration:
  • Up to a maximum of 7 years for managers and executives (L-1A); up to  5 years for the specialized knowledge category (L-1B);
  • Any time spent in H-1B status counts towards the L-1 maximum period of time;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for L-2 dependent status and may attend school;
  • L-2 spouses may apply for unrestricted employment authorization.

• Available to Canadian and Mexican professionals;
• Employer-specific, but concurrent employment permitted;
• Must be coming to work in a job that appears on the list of TN professional occupations;
• Duration:
  • 3 years for Canadians;
  • 1 year for Mexicans (but three-year admission reflected on I-94 admission record);
  • Renewable indefinitely but no immigrant intent;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for TD dependent status and may attend school;
  • TD status does not grant employment authorization.

• Available to individuals who wish to buy a business or start-up a business, as well as employees performing in managerial, executive or essential roles for these businesses;
• A Treaty must exist between the United States and the foreign country;
• The E company must be at least 50% owned by nationals of the Treaty country; for E employees, s/he must hold the same nationality of the company;
• The E-1 visa is based on substantial trade (at least 50% of trade must be between the Treaty country and the U.S.);
• The following countries have E-1 treaties with the United States: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, Chile, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Korea (South), Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom, Yugoslavia;
• The E-2 visa is based on a substantial investment;
• The following countries have E-2 treaties with the United States: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia;
• Duration: Varies per country depending on the treaty, but may be extended indefinitely;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for E-1/E-2 dependent status and may attend school;
  • E-1/E-2 spouses may apply for unrestricted employment authorization.

• Available to individuals of extraordinary ability in the arts, motion pictures and television, business, education, science or athletics;
• Often referred to as the “artist” or “entertainment” visa;
• Employer-specific but provides more flexibility to certain occupations if represented by an agent or manager; concurrent employment permitted.
• Duration:
  • May be granted for up to 3 years, depending on the period of the event, project or contract, but may be extended indefinitely.
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for O-3 status and may attend school;
  • O-3 status does not grant employment authorization.

• Provides essential support to an O-1 individual;
• ONLY Available to individuals in the arts, motion pictures and television, and athletics (NOT AVAILABLE to the fields of business, science or education);
• Accompanying and essential support personnel includes, but is not limited to, band members, back-up singers, cast and crew on a film or television project, roadies in a band, managers, choreographers, make-up artists, stylists, chefs, sound engineers, VFX artists, executive assistants, etc.);
• ONLY allowed to work with O-1 and CANNOT work separately and/or apart from the O-1 to whom s/he provides support;
• Duration:
  • Matches the validity period of the O-1 visa.
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for O-3 status and may attend school;
  • O-3 status does not grant employment authorization.

Group Entertainers and Performers

• Available to entertainers who perform as a group;
• 75% of the group must have been together for at least 1 year;
• Must obtain appropriate union/management organization consultation letter;
• Duration:
  • P visas are typically issued to performers for the duration of the “event,” up to 1 year;
  • Renewable indefinitely;
  • Any accompanying essential employees (band members, crew, managers, back-up singers, etc.) may be eligible for a P-1S visa;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for P-4 status and may attend school;
  • P-4 status does not grant employment authorization.

Athletes

• Duration:
  • Usually granted to athletes for a period of 5 years;
  • Can be extended indefinitely;
  • Must obtain appropriate union/management organization consultation letter;
  • Any accompanying essential employees (managers, coaches, trainers, etc.) may be eligible for a P-1S visa;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for P-4 status and may attend school;
  • P-4 status does not grant employment authorization.

• Available for performing artists who have not achieved international acclaim, but are culturally unique
• Must obtain appropriate union/management organization consultation letter;
• Duration:
  • May be approved for up to 1 year;
  • Can be extended annually;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for P-4 status and may attend school;
  • P-4 status does not grant employment authorization.

• Available to religious ministers or workers, if for the 2 years immediately preceding the time of the application for admission, has been a member of a religious denomination which has a bona-fide nonprofit religious organization in the United States;
• bona fide religious organizations must have tax-exempt status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986;
• Persons seeking R status must plan to enter the United States to solely:
  • Carry on the vocation of a minister of the religious denomination; or
  • Work in a professional capacity in a religious vocation or occupation or organization within the denomination; or
  • Work in a religious vocation or occupation for an organization within the denomination, or for a bona fide organization which is affiliated with the religious denomination;
• All organizations must undergo a government on-site visit before issuance of an R-1 visa;
• Duration: Up to 30 months initially, for a total stay not to exceed 5 years;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for R-2 dependent status and may attend school;
  • R-2 status does not grant employment authorization.

• Available to interns or trainees for up to two years;
• Must participate in an established training program;
• H-3 trainees must not engage in productive employment unless it is incidental to the training;
• Trainees who complete the full 2 years of training are restricted from applying for H-1B classification without returning home for 6 months;
• Duration:
  • 24 months;
  • Cannot be renewed;
  • Trainee will be ineligible for H-1B status if full 24-month period is used.
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for H-4 status and may attend school;
  • H-4 status does not grant employment authorization.

• Aimed at promoting cultural exchange and may be an option for students, researchers, specialists, visiting faculty, physicians, trainees, camp counselors and au pairs;
• Intern and trainee categories are most commonly used by private employers who must sponsor them for the J-1 visa;
• Interns and trainees are prohibited from engaging in productive employment, unless such employment is incidental and necessary to the training or internship;
• The Intern category is available to individuals who are currently enrolled in and pursuing studies at a degree or certificate-granting post-secondary institution outside the United States, or to those who have graduated from a foreign institution no more than twelve- months prior to the exchange-visitor program start date;
  • The intern must be participating in a structured and guided work-based internship program in his/her specific academic field;
  • The intern category is available for a one-year period;
• The Trainee category is available to individuals with either a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience abroad in his/her occupational field, or five years of work experience outside the United States in the occupational field;
  • Trainees must enter the United States to participate in a structured and guided work-based training program in the specific occupational field;
  • Best suited for certain individuals who may not have completed or received university degree;
  • Available for an eighteen-month period;
• Duration:
  • Up to a maximum of 12 months for the Intern category;
  • Up to maximum of 18 months for the Trainee category;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for J-2 status and may attend school;
  • J-2 spouses may apply for unrestricted employment authorization.

• Available to students wishing to attend a full-time course of study at a university or other academic institution in the United States. A B-2 or WT visitor who is coming to the United States primarily for tourism may also incidentally engage in a short course of study during the visit;
• Entry and Length of Stay:
  • An F-1 student may enter the United States up to 30 days before the designated start date on the I-20 form
  • The 30-day limitation does not apply to students returning to resume studies;
  • An F-1 student may remain in the United States for up to 60 days following the completion of the course or optional practical training.
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for F-2 status, which does not provide employment authorization;
  • F-2 spouses who wish to pursue full-time studies must apply for their own F-1 visas.

Elementary and secondary school students

• Students attending public elementary schools (grades K through 8, approximately ages 5 to 14) and publicly funded adult education programs such as foreign language classes are not eligible for an F-1 visa;
• Students applying for F-1 visas to attend public secondary schools (grades 9 through 12, approximately ages 14 to 18) are limited to a maximum of 12 months of public high school in F-1 status and must show proof that payment has been made for the full, unsubsidized cost of the education before a visa can be processed;
• Students may attend private elementary and secondary schools on an F-1 visa.

College and university students

• Limited on-campus employment after completing one academic year;
• In some situations, some F-1 students may be eligible for curricular practical training (CPT) which allows students to participate in internships during the academic year;
• F-1 students are generally eligible to apply for up to 1 year of unrestricted employment authorization for the purpose of gaining practical training (OPT);
  • Exception: F-1 students attending English language schools are not eligible for OPT;
  • Most F-1 students use OPT to work after graduation;
• Certain F-1 students graduating with designated STEM (Science, Technology, Engineering and Mathematics) degrees are entitled to an additional seventeen months (for a total of twenty-nine months) of OPT if they work for employers registered with E-Verify during the STEM OPT.

• Available to foreign students who wish to study at American degree-granting post-secondary accredited academic institutions, or participate in a student internship program, that will fulfill the educational objectives of the student’s degree program in his or her home country.
• Must be financed directly or indirectly by the U.S. government, the government of their home country, an international organization of which the United States is a member by treaty or statute, or supported substantially by funding from any source other than personal or family funds;
• The exchange program must be carried out according to an agreement between the U.S. government and a foreign government, or according to a written agreement between American and foreign educational institutions, an American educational institution and a foreign government or a state or local government in the United States and a foreign government; or Student is participating in a student internship program that will fulfill the educational objectives for the student’s degree program in his or her home country;
• Students pursuing a non-degree program must be enrolled full-time in a prescribed course of study;
• Duration:
  • A J-1 student may enter the United States up to 30 days before the designated start date on the DS-2019 I-20 form;
  • The 30-day limitation does not apply to students returning to resume studies;
  • A J-1 student may remain in the United States for up to 30 days following the completion of the J-1 program;
  • The maximum duration of a non-degree program is 24 months inclusive of academic training;
• Family:
  • Spouses and minor children (under 21 years of age) are eligible for J-2 status, which is eligible to apply for unrestricted employment authorization;
  • J-2 spouses and minor children may attend school.

• Available to students wishing to pursue a full-time course of study, which is not principally academic in nature, at an established vocational or other recognized nonacademic institution such as a post-secondary vocational or business school;
• M-1 students are generally eligible to apply for up to 6 months of unrestricted employment authorization for the purpose of gaining practical training (OPT);
• Duration of OPT: can only be given one period of practical training equal to “1 month for each 4 months of study” not to exceed 6 months;
• Duration:
  • M-1 student may enter the United States up to 30 days before the designated start date on the I-20 form;
  • The 30-day limitation does not apply to students returning to resume studies;
  • An M-1 student may remain in the United States for the period of time it will take to complete the course of study as indicated on the I-20 plus 30 days, or for 1 year, whichever is less;
• Family: Spouses and minor children (under 21 years of age) are eligible for M-2 status, which does not provide employment authorization.

Visitors for Business

• B-1 visitor visas may be used for the following activities:
  • Engage in commercial transactions which do not involve gainful employment in the United States;
  • Negotiation of contracts;
  • Business meetings and consultations with business associates;
  • Litigation;
  • Participation in scientific, educational, professional or business conventions, conferences, seminars;
  • Conduct independent research;
• The B-1 visitor visa may not be used for gainful employment or productive activity such as operating a business or consultancy work.

Visitors for Pleasure

• B-2 visitor visas may be used to visit the United States for holidays, tourism, etc.;
• B-2 visitor visas may not be used to retire or reside in the United States.

• The visa waiver program permits visits for business or pleasure for up to 90 days without having to apply for a visa;
• Visitors simply complete an online application, known as the Electronic System for Travel Authorization (ESTA), which is approved prior to the visitor’s arrival in the United States;
• The following countries are eligible for the visa waiver program: Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan and the United Kingdom;
• Visitors who enter on the visa waiver program may not apply for an extension of stay, and are not permitted to change status to a work visa category in the United States;
• Visitors, who ultimately receive a job offer, must submit the petition with USCIS, leave and obtain the visa at a U.S. embassy or consulate abroad.