Temporary Work Visas
Temporary work visas include E, H, J, L, O, P, R and TN visas. The most common ways to visit the US are B-1 and B-2 visas and the Visa Waiver Program. Persons may study in the US using F-1, M-1 and J-1 temporary visas.
This page contains a number of articles and links explaining the various types of temporary visas. It explains the difference between a “visa” and a “status”. We explain the procedure for obtaining a visa abroad as well as the process of applying for an extension of stay or a change of status in the U.S. We link to the online visa appointment system for U.S. Consulates in Canada and Mexico. We explain the most common temporary or “non-immigrant” visa categories, in alphabetical order from “A” to “U”.
Our attorneys have obtained temporary visas for thousands of E-2 treaty investors, H-1B professionals, J-1 trainees, L-1 intracompany managers and executives, O-1 persons of extraordinary ability, P-1 athletes and entertainers, R-1 religious workers and persons in TN occupations. We represent hundreds of employers and thousands of computer professionals, physicians, accountants, engineers, scientists, health care professionals including registered nurses across the US.
E-2 Investor Visas
An E2 visa can be obtained by an investor who is a national of a country which has a treaty of commerce and navigation with the US. The investor must be coming to the US to direct and develop the operations of an enterprise in which has invested, or is actively involved in the process of investing, a substantial amount of capital.
A petition is not required if the investor is applying for an E2 visa outside of the US.
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.
Although there is no limit on the number of times that an E2 visa may be renewed, it is a temporary visa. It is not to be confused with an EB-5 investor green card.
On November 12, 2021, USCIS issued a policy announcement to clarify that they will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status.
H-1B Visas for Professionals
To be eligible for an H1B visa, a person must
1. Have a minimum of a 4-year university degree or equivalent;
2. Be paid at the “prevailing wage” or the “actual wage”, whichever is higher;
3. The job must require a minimum 4-year university degree or equivalent.
H1B visas are subject to a numerical cap of 65,000 per fiscal year. In addition, 20,000 persons who obtain advanced degrees from universities in the U.S. have their own H1B cap. Up to 6,800 H1B visas are reserved for persons who are citizens of Chile and Singapore.
Certain H-1Bs petitions are exempt from the numerical caps including employment “at” universities, at “affiliated” or “related” non-profit organizations or at governmental and non-profit research institutions.
L-1 Visas for Intracompany Transferees
An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as intracompany transferees to perform services either in a
in a managerial or executive capacity L-1A or
which require specialized knowledge L-1B
for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is no annual cap on L1 visas.
If the employer wishes to speed up the processing of the petition, they may wish to use USCIS’ premium processing procedure. Also, the company can apply for a blanket L visa which allows individuals to file a copy of the approved blanket petition instead of filing for a regular L1 visa. In order to be granted a blanket petition, the USCIS must determine that the company qualifies for the intracompany transferee visa.
O Visas for Persons of Extraordinary Ability
O visas are for persons 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.
O visas are divided into the following subcategories:
* Persons of extraordinary ability in the sciences, arts, education, business, or athletics (O-1),
* The artist’s or athlete’s support staff (O-2), and
* The O-1 visaholder’s spouse and children) (O-3).
P Visas
P visas are granted to foreign nationals coming to the U.S. temporarily to work as an athlete, entertainer, or artist.
