Information for Common Non-Immigrant Visas
H-1B Visa
The H-1B visa is for professionals in specialty occupations, such as IT, engineering, and architecture. Key requirements include:
- A valid job offer in a specialty occupation
- A bachelor’s degree or higher in a field related to the job
- Employer must obtain a Labor Condition Application (LCA) from the Department of Labor
H-1B1 Visa
A subtype of the H-1B visa, specifically for citizens of Singapore and Chile in a specialty occupation. Key requirements include:
- Citizenship of Singapore or Chile
- A valid job offer in a specialty occupation
- A bachelor’s degree or higher in a field related to the job
H-2A Visa
H-2A visas are for temporary agricultural workers from designated countries. Key requirements include:
- A valid job offer for temporary or seasonal agricultural work
- Employer must obtain a temporary labor certification from the Department of Labor
- Applicant must be a citizen of a designated eligible country
H-2B Visa
H-2B visas a for temporary non-agricultural workers from designated countries, typically for seasonal work in industries like hospitality and landscaping. Key requirements include:
- A valid job offer for temporary or seasonal non-agricultural work
- Employer must obtain a temporary labor certification from the Department of Labor
- Applicant must be a citizen of a designated eligible country
H-3 Visa
For trainees receiving training in fields other than graduate education or medical training, as well as special education exchange visitors. Key requirements include:
- A valid job offer for a training program not available in the applicant’s home country
- The training program must not involve graduate education or medical training
- For special education exchange visitors, proof of prior experience in teaching or training in the special education field
L-1 Visa
For intra-company transferees who hold managerial or executive positions or have specialized knowledge. Key requirements include:
- Continuous employment with a qualifying organization for at least one year within the three years preceding the application
- Transfer to a U.S. branch, affiliate, or subsidiary of the current employer
- Managerial, executive, or specialized knowledge capacity
For individuals with extraordinary ability in arts, sciences, education, business, or athletics. Key requirements include:
- Demonstration of extraordinary ability through sustained national or international acclaim
- Receipt of significant awards or recognition
- Documentation of at least three types of evidence to support the claim
O-2 Visa
For support personnel of O-1 visa holders, who are essential to the O-1 holder’s successful performance. Key requirements include:
- A valid job offer to assist an O-1 visa holder in their performance or event
- Evidence of critical skills and experience with the O-1 visa holder
- Proof that the O-2 applicant is an integral part of the O-1 visa holder’s performance or event
P-1 Visa
For internationally recognized athletes, teams, or entertainers. Key requirements include:
- Evidence of international recognition in the applicant’s field
- A valid job offer to perform, compete, or participate in a specific event, competition, or performance
- For teams, at least two-thirds of the members must have had a sustained and substantial relationship with the team for at least one year
P-2 Visa
For artists or entertainers participating in a government-recognized reciprocal exchange program. Key requirements include:
- A valid job offer to perform as an artist or entertainer under a reciprocal exchange program
- Evidence of the exchange program’s government recognition
- Proof that the applicant possesses skills comparable to those of U.S. artists or entertainers participating in the program
P-3 Visa
P-3 visas are for artists or entertainers coming to the U.S. to perform, teach, or coach in a culturally unique program. Key requirements include:
- A valid job offer to perform, teach, or coach in a culturally unique program
- Evidence that the performance, teaching, or coaching is culturally unique
- Proof that all performances, events, or activities will further the understanding or development of the unique art form
Q-1 Visa
For participants in international cultural exchange programs, primarily for sharing the history, culture, and traditions of their home countries. Key requirements include:
- A valid job offer to participate in an international cultural exchange program
- Evidence that the program is designed to share the applicant’s culture and traditions with the U.S. public
- Proof that the applicant has the necessary qualifications to perform the offered position
R-1 Visa
For religious workers, such as ministers or people in a religious vocation or occupation. Key requirements include:
- Membership in a religious denomination having a bona fide nonprofit religious organization in the U.S. for at least two years before applying
- A valid job offer from a U.S. religious organization or an affiliated organization
- Proof of qualifications and commitment to the religious vocation, occupation, or ministry
E-1 and E-2 Visas
For treaty traders (E-1) and investors (E-2) engaged in substantial trade or investment in the U.S. Key requirements include:
- Proof of nationality of a treaty country
- Substantial trade or investment in the U.S.
- Intention to enter the U.S. solely to develop and direct the investment enterprise or trade
E-3 Visa
The E-3 visa is specifically for Australian citizens in a specialty occupation, similar to the H-1B visa. Key requirements include:
- Australian citizenship
- A valid job offer in a specialty occupation
- A bachelor’s degree or higher in a field related to the job
J-1 Visa
For exchange visitors participating in government-approved programs for teaching, studying, conducting research, or receiving on-the-job training. Key requirements include:
- A valid job offer or invitation to participate in a government-approved exchange program
- Proof of sufficient financial resources to cover expenses during the stay in the U.S.
- Evidence of English language proficiency
I Visa
For representatives of foreign media, including members of the press, radio, film, or print industries, coming to the U.S. to work in their profession. Key requirements include:
- A valid job offer from a foreign media organization
- Proof that the applicant’s work is essential to the functioning of the foreign media organization
- Evidence that the applicant’s activities in the U.S. are informational and generally associated with the news gathering process
TN Visa
TN Visas are specifically for Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA). Key requirements include:
- Canadian or Mexican citizenship
- A valid job offer in a qualifying profession
- Proof of qualifications, such as degrees, diplomas, or professional licenses
Each of these non-immigrant visas has its unique set of requirements and procedures. Applicants must carefully evaluate their eligibility and ensure they meet the necessary criteria before applying. It’s crucial to familiarize yourself with the specific requirements of the visa category you’re interested in, as well as the application process and any relevant deadlines. In many cases, securing the assistance of an experienced immigration attorney can significantly increase your chances of a successful application.