Overview of Non-immigrant Work Visas
It is possible to obtain remain in the United States for an extended period of time for those who will either work in a particular category or setup an investment/trade business. This page will provide a basic overview of these options and links to a more detailed overview of these various options. The categories include E1 treaty traders, E2 treaty investors, H1B specialty occupation workers, L1A intra-company managers/executives, L1B intra-company specialized skill workers, O1 aliens of extraordinary ability, P1 athletes and entertainers, R1 religious workers and TN professional Canadian and Mexican workers/
Click on the text of the topics listed below to read a more detailed overview and to find additional articles, resources, case studies and more.
What are the Work Visa Categories in the US?
| Case Type (click on highlighted text for more information) | Description |
|---|---|
| E1 – Treaty Traders | This category is considered the fastest path to a green card. No employer is required. To qualify, you need to prove that you are among the very top of your field of endeavor by meeting at least three out of ten outlined criteria by USCIS. |
| E2 – Treaty Investor | A sponsoring employer is required for this petition. The employer must be a university or a research organization. The employee needs to meet specific criteria, including a three-year experience requirement. |
| H1B – Specialty Occupation Workers | The essential factors to qualify for an H1B work visa, which is the most popular work visa, are that the employer must be able to offer a position that requires a bachelor’s degree in a specific field or set of fields (thus making the position a specialty occupation) and the worker must likewise possess the proper qualifications. There is an annual cap for H1B visas, with certain exemptions depending on the nature of the employment. |
| L1A – Intra-company Manager or Executive Transferee | To qualify for the L1A category, the employer must be a multinational company and the employee must have worked as an executive or manager for at least one of the past three years, and must have an offer to continue in such a capacity for the US branch of the company. There are strict guidelines as to what nature of work qualifies as “executive” or “managerial.” |
| L1B – Intra-company Specialized Knowledge Transferee | To qualify for the L1B category, the employer must be a multinational company and the employee must have worked as a specialized knowledge worker for at least one of the past three years, and must have an offer to continue in such a capacity for the US branch of the company. There are strict guidelines as to what nature of work qualifies as “specialized knowledge,” essentially meaning that the worker learned something specifically proprietary to the company. |
| O1 – Individuals with Extraordinary Ability | To qualify, whether you are an athlete, entertainer, engineer, architect, graphic designer, etc., you need to prove that you are among the very top of your field of endeavor. USCIS has outlined eight criteria, and applicants must meet at least three out of eight of these criteria. An O1 petition requires an employer and written advisory opinion (consultation) from a peer group of designated person with expertise in the worker’s area of expertise. |
| P1 – Athletes and Entertainers | A P-1 visa is for athletes or entertainers who will be performing in either a competition or as a member of a foreign-based entertainment group recognized internationally as outstanding in the discipline for a substantial period of time. |
| R1 – Religious Worker | This category is for those who will work at a qualifying non-profit 501(c)(3) religious organization where they will work as a minister or in a religious vocation or occupation. The worker must have had at least two years of membership within the religious denomination preceding the filing of the petition. |
| TN – Canadian or Mexican Worker | TN is an acronym meaning “Trade NAFTA.” The TN visa permits Canadian and Mexican citizens the opportunity to work in the US within specific occupations for a temporary period, but may be renewed indefinitely. The advantage of TN over an H1B visa is that TN status may be obtained any time of the year. There is, however, a specific list of qualifying occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1. Occupations on this list include lawyers, research physicians, architects, dentists, graphic designers, college teachers, systems analysts, engineers, accountants, management consultants, social workers, and chemists. There are over 60 occupations listed. |