Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis – for tourism, medical treatment, business, temporary work, study, or other similar reasons.

H-1B – Specialty Occupations

The job must meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
• The employer normally requires a degree or its equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

• Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
• Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
• Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Interested in H-1B? Please complete the following intake form and one of our Attorneys will reach out to you: https://forms.gle/aP9CCsi2yRoV6T5VA

H-1B2 – DOD Researcher and Development Project Worker

The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:

• The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense
• A bachelor’s or higher degree, or its equivalent is required to perform duties.

To be eligible for this visa category you must meet one of the following criteria:

• Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
• Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
• Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

H-1B3 – Fashion Model

The position/services must require a fashion model of prominence. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

H-2A – Agricultural Workers

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

H-2B – Non-Agricultural Workers

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

H-3 – Nonimmigrant Trainee

The H-3 nonimmigrant visa category allows aliens coming temporarily to the United States as either a:

• Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country.
• Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:  

• Agriculture
• Commerce 
• Communications 
• Finance 
• Government 
• Transportation 
• Other Professions

This classification is not intended for U.S. employment.  It is designed to provide a alien with job-related training for work that will ultimately be performed outside the United States.

In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

• The proposed training is not available in the alien’s native country;
• The alien will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
• The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the beneficiary in pursuing a career outside the United States.

 Each H-3 petition for a trainee must include a statement that:

• Describes the type of training and supervision to be given, and the structure of the training program;
• Sets the proportion of time that will be devoted to productive employment;
• Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
• Describes the career abroad for which the training will prepare the alien;
• Indicates the reasons why such training cannot be obtained in the alien’s country and why it is necessary for the alien to be trained in the United States; and
• Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

A training program may not be approved which:

• Deals in generalities with no fixed schedule, objectives or means of evaluation;
• Is incompatible with the nature of the petitioner’s business or enterprise;
• Is on behalf of a alien who already possess substantial training and expertise in the proposed field of training;
• Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
• Will result in productive employment beyond that which is incidental and necessary to the training;
• Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the United States;
• Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
• Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

CW-1 – CNMI-Only Transitional Worker

The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system.

E-1 – Treaty Traders

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.  (For dependent family members, see “Family of E-1 Treaty Traders and Employees”.)

E-2 – CNMI Investor

The CNMI-Only Investor (E-2) visa classification allows foreign, long-term investors to remain lawfully present in the CNMI through December 31, 2029, while they resolve their immigration status. This classification is intended to help as the CNMI transitions from the CNMI permit system to U.S. immigration laws.

E-2 – Treaty Investors

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.  (For dependent family members, see “Family of E-2 Treaty Investors and Employees”.)

E-3 – Specialty Occupation Workers from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge  and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

L-1A – Intracompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

L-1B – Intracompany Transferee Specialized Knowledge

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

L-1 BLANKET

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:

• The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
• The petitioner has an office in the United States which has been doing business for one year or more;
• The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
• The petitioner along with the other qualifying organizations meet one of the following criteria:
• Have obtained at least 10 L-1 approvals during the previous 12-month period;  
• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
• Have a U.S. work force of at least 1,000 employees.
• The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification.  It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.

O-1 – Individuals with an Extraordinary Ability

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
• O-3: individuals who are the spouse or children of O-1’s and O-2’s

O-2 – Assist in a Specific Event or Performance

Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

O-3 – Spouse or Children

Individuals who are the spouse or children of O-1’s and O-2’s.

P-1A – Internationally Recognized Athlete

The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:

• An individual athlete at an internationally recognized level of performance;
• Part of a group or team at an internationally recognized level of performance;
• A professional athlete; or
• An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.

P-1B – Member of Internationally Recognized Entertainment Group

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

P-2 – Performer or Group Performing under Reciprocal Exchange Program

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

P-3 – Artist or Entertainer Part of a Culturally Unique Program

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Q -Cultural Exchange

There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. The Q nonimmigrant classification is for participants of international cultural exchange programs designated by USCIS. For more information on J Exchange Visitors, see the Department of State: Exchange Visitor (J) Visas page.

You may be eligible for Q-1 nonimmigrant classification if you are seeking to participate in an international cultural exchange program. The Q cultural exchange program is for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of your home country with the United States.

R-1 – Temporary Religious Workers

An R-1 is an alien who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week) by:

• A non-profit religious organization in the United States;
• A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
• A non-profit religious organization which is affiliated with a religious denomination in the United States.

This visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.

To qualify, the alien must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.

TN – NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

• You are a citizen of Canada or Mexico;
• Your profession qualifies under the regulations;
• The position in the United States requires a NAFTA professional;
• You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
• You have the qualifications to practice in the profession in question.

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