Friday, September 26, 2008

Work Visa Classifications

Work Visa Classifications

B-1 Visa
Individuals conducting general short-term business activities.

E-1 Visa
The E-1 visa is designed for the use of business owners, managers, and employees in order to allow them to oversee a business or trade that will take place in the U.S.

E-2 Visa
The E-2 visa is granted to applicants who want to enter the Untied States solely to develop and direct the operation of an enterprise in which they have invested a substantial amount of capital. The E-2 visa also benefits their employees and members of employer’s immediate family.

E-3 Visa
E-3 visas are available to Australian nationals who are entering the United States temporarily to work in a specialty occupation. The term "specialty occupation" is defined in the terms of the H-1B program. The spouses of the Australian nationals entering the US are also eligible for work authorization.

H-1B
The H-1B Non-Immigrant Visa is designed for professional people who are coming to the United States to work for an employer in "Specialty Occupations". A maximum of 65,000 H-1B visas are issued every year. An additional 20,000 H-1B visas are available to foreign nationals with a minimum of a Masters level degree from a US academic institution. Employees of institutions of higher education, related or affiliated nonprofit entities, or nonprofit or government research organizations are not subject to the numerical limit and may file at any time. Visas are issued for three years and may be extended for an additional three years.

H-2B Visa
An H-2B visa is issued to individuals coming to the U.S. to engage in non-agricultural employment which is seasonal, intermittent, to meet a peek load need, or for a one-time occurrence where U.S. workers are unavailable.

H-3 Visa
The H-3 visa is for workers coming to the U.S. to receive training that is not available in the applicant’s country. The H-3 visa will not involve productive employment unless it is incidental and or necessary to the training and will benefit the applicant in pursuing a career outside the U.S.

H-4 Visa
The H1-B, H-2B or H-3 employee's spouse and children under 21 years old who are not married may be granted an H-4 visa. An H-4 visa holder is not permitted to work in the United States, they may, however, attend school.

J-1 Visa
A J-1 visa is meant for individuals who have been accepted to participate in exchange visitor programs, designated by the United States Information Agency (USIA). The list may include: students, scholars, trainees, teachers, professors, specialists, foreign medical graduates, international visitors, government visitors, camp counselors, au pairs, and participants in summer travel/work programs.

J-2 Visa
A J-2 visa is meant for spouses and minor children of a J-1 visa holder.

L-1 Visa
The L-1 nonimmigrant visa category is set for international companies with an existing branch, subsidiary or affiliate office located within the United States. The L-1 visa is for companies wanting to transfer foreign employees to their operations in the United States. Companies may also open a new branch, subsidiary or affiliate office and still qualify, with certain additional requirements. The foreign employees to be transferred to work in the United States office must qualify as executives (or senior manager), or specialized knowledge personnel.

L-2 Visa
The L-2 visa is for spouses and minor children of L-1 visa holders may accompany the L-1 holder to the US and are eligible for the L-2 visa.

O-1 Visa
The O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or with a record of extraordinary achievement in television or motion pictures. This visa classification is unbelievably limited to other individuals who can clearly demonstrate that they are at the very top of their profession or field.

O-2 Visa
The O-2 visa is for people that accompany and assist an O-1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O-2 visas are not given to those who accompany or assist O-1 visa holders in education, science, or business matters.

O-3 Visa
An O-3 visa is for the spouse and children of an O-1 or O-2 visa holder. No Q-1The Q-1 visa is for participants in international cultural exchange program(s) in the U.S. The cultural exchange program can provide practical training, employment, and the sharing of the culture of the Q-1 visa applicant’s country of nationality.

R-1 Visa
The R-1 visa is available for religious workers coming to the United States on a temporary basis.

R-2 Visa
The R-2 visa is for dependents of R-1 religious workers coming to the United States on a temporary basis.

TD Visa
The TD visa is meant for spouses and unmarried minor children of TN visa holders.

TN-1 and TN-2
The TN visa is for Canadian citizens (TN-1) to work the United States in very specific occupations. For each of these occupations there are certain educational requirements. Mexican Nationals are also eligible for TN-2 visas. The requirements for Mexican citizens are similar to the requirements for H-1B visas. Applicants for the TN-2 (Mexican citizens) should see the H-1B visa full description.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this blog as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and any attorney associated with this blog.

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