TEMPORARY WORK VISA CATEGORIES:

 

Non-immigrant work visas give permission for a foreign national to live and work in the U.S. for a limited, temporary period of time ranging from several months to several years, depending on the category, and are often limited in the amount of time one can hold that status. 

 

The process to obtain a temporary work visa typically requires the approval of a visa petition by U.S. Citizenship & Immigration Services (USCIS), followed by an in-person interview at the U.S. Embassy or Consulate in the foreign national’s home country. Some temporary visa categories also require certification from the U.S. Department of Labor (DOL) that the employer has not offered wages or working conditions to the foreign national worker that adversely affect the wages or working conditions of U.S. workers.

 

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🔷     H-1B Specialty Occupations

 
The H-1B classification permits a foreign national to work in the U.S. for a temporary period of up to 6 years (visa issued in increments of up to three years).  It is available for offers of U.S. employment that are in a specialty occupation*.  H-1B visas are numerically limited every year (referred to as the H-1B CAP).  The H-1B application period begins on April 1st of each year and an approved application is valid from October 1st that year when employment can begin.   
 

*Specialty occupations include:  computer science, architecture, engineering, mathematics, medicine and health, education, management, accounting, law.  

        Requirements

 

• Minimum of a bachelor's degree or equivalent experience.

• Employer must submit a Labor Condition Application (LCA) with DOL before filing the H-1B petition with the USCIS.

• An employee who was presently employed under the H-1B status may transfer their H-1B to a different employer.

• The employee’s dependents (spouse and minor children) are authorized to live in the U.S., and to study, but are not permitted to work. 

 

🔷     L-1 Intracompany Transfer

 
The L-1 classification permits a U.S. company to temporarily transfer an employee from an affiliated foreign company (parent, branch, subsidiary) to its U.S. location for a temporary period.  Employment must be either an Executive/Managerial position (L-1A), or in a Specialized Knowledge position (L-1B).  Certain organizations may be eligible to file blanket L-1 petition with the USCIS, rather than filing individual petitions for each potential employee.  The transferred employee can obtain an L-2 visa for his dependents (spouse, children) who can obtain an Employment Authorization Document (EAD) and the ability to work in the U.S.

 
            Requirements

 

• The U.S. employer filing the petition must have a qualifying relationship and engaging in ongoing business with the foreign company employer. Qualifying relationships include parent, branch, subsidiary, or affiliate.

• The transferred employee must have been employed by the foreign company employer for at least 1 continuous year within the 3 years prior to coming to the U.S.

 

🔷     O-1 Extraordinary Ability or Achievement

 
The O-1 classification is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.  The O classification includes the following subcategories: 
 

1. O-1A for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);  

2. O-1B for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry; and,

3. O-2 for individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.

  
           Requirements
 

• A consultation, which is a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability.  Some exceptions to this requirement apply when the petitioner can demonstrate that an appropriate peer group doesn’t exist.

• A contract between petitioner (employer) and beneficiary (worker) must exist.  This may be in the form of a summary of terms of the oral agreement under which the beneficiary will be employed. 

• An itinerary must be provided explaining the nature and dates of the events along with any applicable specifics. 

   

🔷     P-1A Internationally Recognized Athlete

 
The P-1 classification applies to applicants coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

 
            Requirements

 

• The applicant must participate in an individual event, competition or performance in which the applicant is internationally recognized with a high level of achievement.

• The applicant must have achieved significant international recognition in the sport.  

 

🔷     P-1B Member of an Internationally Recognized Entertainment Group

 
The P-1B classification is for applicants coming to the U.S. temporarily to perform as members of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

 
           Requirements
 

• At least 75% of the members of the group must have had a substantial and sustained relationship with the group for at least one year.

• The entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

• Individual entertainers not performing as part of a group are not eligible for this visa classification.

 

🔷     P-2 Individual Performer/Group Member Performing Under Reciprocal Exchange                       Program

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The P-2 classification is for applicants coming to the U.S. temporarily to perform as artists/entertainers, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.
 
           Requirements
 

• The applicant/artist must enter the U.S. through a government recognized reciprocal exchange program.

• The applicant/artist must possess skills comparable to those of the artists and entertainers taking part in the program outside the U.S.

 

🔷     P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 classification is for applicants coming temporarily to the U.S. to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

           
           Requirements
 

• The applicant must be coming to the U.S. either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

• The applicant must be coming to the U.S. to participate in a cultural event or events which will further the understanding or development of the artist’s art form. The program may be of a commercial or noncommercial nature.

 

 

🔷     TN NAFTA Professionals (for Canadians and Mexicans)

 

The TN visa category is only available to citizens of Mexico and Canada and derives from the North American Free Trade Agreement (NAFTA). TN workers must be coming to the U.S. to engage in business activities (i.e. employment) for a U.S. employer at a professional level and must document their credentials to perform at that professional level (i.e. degree and licensure, as applicable). 

 

TN status may be obtained for an initial period of up to 3 years and may then be extended indefinitely. TN applications for Mexicans are filed at the U.S. Embassy or Consulate in Mexico; for Canadians they are filed directly at a land or airport of entry to the U.S.

 

Examples of professions that qualify include:

• Accountant

• Architect

• Engineer

• Pharmacist

• Graphic Designer

• Librarian

• Economist

• Chemist

• College or University Teacher