E-1 VISA - Treaty Trader
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E-1 Treaty Trader VISA
US immigration policy supports investors and foreign commerce in a variety of ways. The E-1 visa is issued to individuals known as “treaty traders.” A treaty trader must be a national of a country with which the US maintains a Treaty of Friendship, Commerce and Navigation or a Free Trade Agreement which specifically contains E-1 provisions. The E-1 applicant must be coming to the US to carry on substantial trade, or to develop and direct the operations of a business in which he or she has invested or will soon invest a substantial amount of capital. The trade must be international in scope and conducted principally between the US and the E-1 applicant’s country of citizenship. In addition to the investor himself, key employees (executive, manager, or one whose services are “essential to the efficient operation of the enterprise”) are also eligible for the E-1 visa. An E-1 visa may be granted initially for up to two years and may be extended in two year increments. Spouses and children of E-1 visa holders may accompany the treaty trader and are eligible to apply for and receive employment authorization.
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E-2 VISA - Treaty Investor
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E-2 Treaty Investor VISA
The E-2 Visa is issued to individuals known as “treaty investors.” A treaty investor is defined as a national of a country with which the US maintains a Treaty of Friendship, Commerce and Navigation, Bilateral Investment Treaty, or Free Trade Agreement which specifically contains E-2 provisions. The treaty investor must be able to demonstrate that they are coming to the US to partake in a substantial investment or to direct the operations of a business in which the E-2 visa holder has invested or will soon invest a substantial amount of money. The E-2 visa may be granted initially for up to two years and may be extended in two year increments. Spouses and children of E-2 visa holders may accompany the treaty trader and are eligible to apply for and receive employment authorization.
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H-1B VISA - Specialty Occupations
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H-1B Temporary Work VISA
The H-1B Visa allows foreign workers in “specialty occupations” to enter the US and work in a variety of jobs including architecture, engineering, modeling, and health and medicine. Because demand for these visas exceeds the annual quotas, most H-1B holders have to process through the H-1B lottery. The H-1B Visa offers a wide range of employment possibilities and is often the first step toward obtaining a green card. In order to qualify for H-1B classification, you must possess practical application of specialized knowledge and a US bachelor’s degree (or its equivalent) or higher. Further, the job must require a US bachelor’s degree (or its equivalent). This is not a self-petitioning category, so a sponsoring employer must petition for you. The spouse and unmarried children under 21 years old of an H-1B worker are allowed to accompany you as H-4 dependents. They are not, however, authorized for employment unless they fall under particular exceptions.
H-4 dependents, though, may enroll and attend school in the US without obtaining a student visa.
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H1-B1 VISA - Specialty Occupations from Specific Countries
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H1-B1 Temporary Work VISA
The H1-B1 Visa is similar to the H-1B and is designated for people in “specialty occupations.” H1-B1’s are limited to foreign nationals from certain countries including Chile and Singapore. This category was created by the US-Chile Free Trade Agreement and the US-Singapore Free Trade Agreement. In order to qualify for a H1-B1 Visa, you must have practical application of specialized knowledge and a US bachelor’s degree (or its foreign equivalent). The job sought must require a US bachelor’s degree (or its foreign equivalent). Because this is not a self-petitioning category, you must have a US employer sponsor you. A spouse and unmarried children under 21 years old of an H1-B1 worker are allowed to accompany this individual as H-4 dependents. They are not, however, authorized for employment unless they independently qualify for employment authorization on some other basis. They may, though, enroll and attend school in the US without obtaining a student visa.
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L-1 VISA - Intra-Company Transfers
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L-1 Temporary Work VISA
Businesses that function both in the US and abroad benefit from the ability to transfer executives, managers, or employees with specialized knowledge from one country to another. The L-1 visa is open to international business and organizations with qualifying offices in the US who temporarily transfer employees to their US office. This visa is also known as an “intra-company transferee” visa. To receive an L-1 visa, the foreign national must have worked for the foreign company for at least one full year within the last three years prior to applying as an executive, manager, or employee with specialized knowledge. This visa comes in the following categories:
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L-1A VISA – for executives and managers.
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L-1B VISA – for personnel with specialized knowledge.
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The maximum period of authorized stay in the US with an L-1A visa is seven years for an L-1A and five years for an L-1B. A spouse and unmarried children under 21 years old may join the L-1 visa holder in the US through L-2 status. In addition, L-2 status spouses are allowed to work.
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O-1 VISA - Extraordinary Ability
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O-1 Temporary Work VISA
An O-1 visa is designated for people with extraordinary ability in a wide spectrum of fields including the sciences, arts, education, business, athletics, motion picture or TV industries. The O-1 visa must be petitioned for by a US employer or agency, or by foreign employer through a US agent. A spouse and unmarried children under 21 years old may join the O-1 visa holder in the US under O-3 status, but they are not authorized to work unless they independently qualify for and receive a work visa. To qualify for an O-1 visa, you must prove that you possess “a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.”
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O-2 VISA - Support Personnel in Athletics and Entertainment
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O-2 Temporary Work VISA
Support personnel of O-1 visa holders in athletics, entertainment, motion picture and TV production are eligible for an O-2 visa. A US employer, US agency or foreign employer through a US agent must petition for the O-2. A spouse and unmarried children under 21 years old are permitted to join in the US under O-3 status, but they are not authorized to work unless they independently qualify for and receive a work visa. The maximum period of authorized stay in O status is three years.
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P-1 VISA - Athletes and Entertainers
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P-1 Temporary Work VISA
Artists and athletes are essential to healthy cultural exchange. The global community benefits greatly from the work of each country’s greatest thinkers and performers. P-1 visas are issued to “internationally recognized” entertainers and athletes who wish to work/compete in the US. “Internationally recognized” means “a high level of achievement …evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent such achievement is renowned, leading or well-known in more than one country.” Internationally recognized athletes may apply for a P-1 visa in order to compete in the US, either as individuals or as members of an internationally recognized athletic team. Internationally recognized entertainment groups can obtain P-1 status as a unit. However, individual entertainers within these groups cannot apply for separate visas.
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P-2 VISA - Troupes and Bands
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P-2 Temporary Work VISA
P-2 Visas are issued to bands and groups entering the US as part of an exchange program. The US labor group that negotiated the exchange agreement, the sponsoring organization or the US employer must file the petition.
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P-3 VISA - Culturally Unique Artists and Entertainers
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P-3 Temporary Work VISA
The P-3 VISA allows “culturally unique” artists and entertainers to travel to the US for temporary positions as performers, teachers or coaches.
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R-1 VISA - Religious Workers
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R-1 Temporary Work VISA
The R-1 Visa allows religious workers to temporarily enter the US for employment in their religious vocation. Ministers, nuns, monks, and teachers affiliated with a particular religion are examples of religious workers.
An R-1 applicant must demonstrate that he/she belonged to the religious organization for at least two years.
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TN Visa - NAFTA
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TN (Trade NAFTA) Visa
Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the US to work temporarily under the nonimmigrant TN status. The following are the requirements to be eligible for the TN Visa:
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The profession must be on the NAFTA list.
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The foreign national must possess the necessary training/licensing for that profession.
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The foreign national must work for the petitioning US employer for a qualifying position.
Spouses and unmarried children under 21 years old are eligible to enter the US under TD-1 and TD-2 Visas. Family members may attend school in the US, but they are not allowed to work.
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