OVERVIEW OF U.S. VISAS AND WORK PERMITS
The U.S. Department of State (DOS) adjudicates nonimmigrant visa applications. DOS may grant nonimmigrant status to qualified foreign nationals coming to the U.S. temporarily for specified purposes such as study or employment, which are designated by categories from A to Z, based on regulatory provisions that define the specific types of status available. Eligibility for a status is most often determined initially by USCIS. The most common visas available for business and professional work in theU.S. are described below.
Temporary Business Visitor Visa (B-1 Visa)
Foreign nationals wishing to conduct business activities in the U.S. for one year or less must prove to consular and border officials they are entering the U.S. temporarily on behalf of an established foreign company. A letter from the foreign or U.S. company explaining the reasons for the visitor’s stay, providing specific details of the trip, and affirming that the visitor has the financial means to complete the travel as planned may assist in issuance of the visa. A B-1 visa holder cannot engage in salaried employment in the U.S., nor can he or she engage in freelance work or be employed as an independent contractor. Visitors from designated countries who meet eligibility requirements for the Visa Waiver Program may stay in theU.S.for up to 90 days without first requiring issuance of an entry visa, but then may not extend or change their status.
Specialty Occupation Worker (H-1B Visa)
U.S.-based companies may apply for H-1B classification on behalf of foreign nationals in most professional occupations, including engineers, computer scientists, financial analysts, and others with a Bachelor’s Degree or its equivalent. The maximum length of stay in the U.S. is six years, although the stay of an H-1B worker may be extended for an additional year if a pending Labor Certification or Form I-140 was filed on the worker’s behalf more than 365 days prior to the end of the sixth year in H status.
Intra-Company Transferee (L-1 Visa)
An overseas or multinational company with a U.S. affiliate company may apply for L-1 nonimmigrant status for executives and managers (L-1A) or employees with “specialized knowledge” (L-1B) who have worked for at least one year out of the past three years for the company overseas. The maximum stay in the U.S. is five years for L-1B (specialized knowledge) and seven years for L-1A (executives and managers) visa holders. Managers and executives who have worked for at least one year with the company overseas may be eligible for permanent residence or “Green Card” as a “priority worker.” Qualifying multinational companies and organizations can apply for “pre-certification” of the corporate relationship between the U.S. and overseas company, through a “blanket” petition.
NAFTA Professional Worker (TN Visa)
Canadian and Mexican citizens whose occupations appear in Appendix 1603.D.1 to Annex 1603 of the North American Free Trade Agreement may be eligible for TN status. Commonly used categories include computer systems analyst, engineer, economist, accountant, and management consultant. The employer must provide a supporting letter, along with evidence that the employee’s credentials meet the specifications of Appendix 1603.D.1. A TN worker may work in the United States for a U.S. employer for up to three years initially with renewals issued for up to three years. Although there is no specified limit on annual renewals, the applicant may not intend to permanently reside in the U.S. and must maintain ties to his or her home country. Canadian citizens may file the TN application at a Port of Entry into theU.S. and obtain an immediate decision on the application. Mexican citizens must apply at a consular post.
Student in Optional Practical Training (F-1 Visa)
A foreign national pursuing a full course of study at an established college, university, seminary, conservatory, or language-training program may qualify for F-1 status, which normally has very restricted employment authorization connected to their education. The school or program granting admission to the foreign national provides the student with an I-20 Form under the Student and Exchange Visitor Information System (SEVIS). The consular post issues an F-1 visa to the foreign national, granting permission to live and study in the U.S. Students who complete the study requirements of their program may be eligible for a period of Optional Practical Training (“OPT”). If the school’s Foreign Scholar Advisor approves OPT, the student may apply to USCIS for work authorization for a period of up to one year, evidenced by an Employment Authorization Document (EAD card).
Person of “Extraordinary” Ability (O-1 Visa)
Applicants for O-1 status must demonstrate that they are among the small percentage of individuals at the very top of their field with sustained national or international acclaim by meeting specified criteria, such as receipt of a major internationally recognized award, membership in an organization that requires outstanding achievement, original scientific or scholarly work of major significance in the academic field, and/or published material by others discussing the applicant’s work. O-1 visa status is employer-specific and allows the foreign national to work in the U.S. in his or her field of extraordinary ability for up to three years, depending on the nature of the “event” or work he or she is undertaking. USCIS may grant extensions one year at a time, with no specific limit. Although O-1 visas are among the most difficult temporary work visas to obtain, many O-1 visa holders may be eligible to apply for a “Green Card” under the USCIS first preference Extraordinary Ability category.
Exchange Visitors (J-1 Visa)
A broad range of work and study programs approved by the U.S. Department of State allow eligible foreign nationals to apply for a J-1 Exchange Visitor visa. J-1 visa holders may receive work authorization for practical training in business or industry for up to 18 months. The practical training must be directly related to their occupation or academic curriculum.
Please Note: Some applicants under this category may be required to return to their home country for two years upon the completion of their J-1 program before they can return to the U.S. or change to another immigration status.
Important: The information provided herein is for informational purposes only. This information does not constitute legal advice, nor should it take the place of independent legal counsel. As immigration laws are complex and ever changing, we recommend that you consult counsel before taking action in any particular case.
