H-1B Visa: This visa is for skilled workers in specialty occupations. It requires a job offer from a U.S. employer and is typically granted for an initial period of three years, with the possibility of extension. General Requirements (among others)

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The occupation requires:

• Theoretical and practical application of a body of highly specialized knowledge; and

• 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.                                                                                                                                                                                                      

The position must also 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 particular position

• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, 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 perform services in a specialty occupation you must meet one of the following criteria:

• Hold a U.S. bachelor’s or higher degree required by the 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 required by the specialty occupation from an accredited college or university

• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

• Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

L-1 Visa: This visa is for intracompany transferees, allowing multinational companies to transfer employees from their foreign offices to their U.S. offices. It has two subcategories: L-1A for managers and executives, and L-1B for employees with specialized knowledge.

 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 that 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. 

 To qualify for L-1 classification in this category, the employer must:

• Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

• Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a      qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there  is no requirement that it be engaged in international trade.                                                                                                                                 

• To qualify, the named employee must also:

• Generally, have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.                                                                                          

 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 that does not yet have an affiliated U.S. office to send a   specialized knowledge employee to the United States to help establish one.

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 To qualify for L-1 classification in this category, the employer must:

• Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

• Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

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 To qualify, the named employee must also:

• Generally, have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

• Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

TN Visa: This visa is available for citizens of Canada and Mexico under the North American Free Trade Agreement (NAFTA). It allows professionals in certain occupations to work in the United States temporarily.                                                                                                        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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O Visa: The O visa is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. It requires evidence of extraordinary achievement and is granted for a specific event or up to three years initially, with extensions possible.                                                                                                                                                                                                                    

The O nonimmigrant classification are 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; and               

• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.                                                                              

To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

E Visa: Depending on their country of citizenship and the specific agreement in place (Bilateral Investment Treaty - BIT, Free Trade Agreement - FTA, or Treaty of Friendship, Commerce and Navigation FCN) between their country and the United States, a foreign national may be eligible for an E visa. The E visa category encompasses the Treaty Trader visa (E-1), the Treaty Investor visa (E-2) and certain nonimmigrant employees of such people (and their spouses and children). In certain instances, nationals from a foreign country that has an FTA may qualify for both the E-1 and E-2 visas. However, for countries with a BIT, only the E-2 visa option is available. These visas are for individuals from countries with which the United States has treaties, who are engaged in substantial trade or investment activities with the U.S. This category also includes Australian specialty occupation workers.

E-3 Visa: This visa is specifically for Australian citizens who wish to work in a specialty occupation in the United States. It has some similarities to the H-1B visa category. Australian specialty occupation workers perform services in a specialty occupation. Before entering the U.S., Australian specialty occupation workers must apply for and receive an E-3 visa from a U.S. Consulate or Embassy overseas. However, a U.S. company may also request a change of status to E-3 for a nonimmigrant who is already in the United States. E-3 nonimmigrants who are in the United States may also seek an extension of stay in E-3 classification. USCIS processes change of status and extension of stay requests for nonimmigrants whose companies have filed such petitions.

J Visa: The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.                                                                                                                                                  

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.

H-2A: 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.                                                                                                                   

To qualify for H-2A nonimmigrant classification, the petitioner must:

• Offer a job that is of a temporary or seasonal nature.

• Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

• Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

• Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances”.)

H-2B Visa: This visa is for temporary non-agricultural workers who will perform a one-time occurrence, seasonal, peak-load, or intermittent job. It requires a job offer from a U.S. employer and a temporary labor certification.

H-4 Visa: This visa is for dependents of H visa holders (H-1B, H-2A, H-2B, H-3). H-4 visa holders are allowed to reside in the U.S. and certain H-4 spouses are permitted to work provided their spouses satisfies specific requirements.