Nonimmigrant Visas

The nonimmigrant visa categories below are available to foreign nationals seeking temporary entry to the United States for purposes such as work, business, study, training, or cultural exchange. Click any visa type to learn the eligibility requirements, typical timelines, and common issues that can lead to delays or denials.

If you are unsure which visa category applies to your situation—or you want a second opinion before filing—schedule a free consultation to discuss the best strategy for your goals.

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Information for Common Nonimmigrant 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

The H-1B1 is 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 are 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

L-1 visas are 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

O-1 Visa

The O-1 visa is 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 Nonimmigrant 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.

Nonimmigrant Intent vs. Dual Intent

When applying for a Nonimmigrant visa to enter the United States, it’s important to understand the concepts of Nonimmigrant intent and dual intent, as they can significantly impact the visa application process.

Nonimmigrant Intent

Nonimmigrant intent refers to the requirement for most Nonimmigrant visa applicants to demonstrate that they do not have the intention to remain in the United States permanently. Applicants must establish that they have a genuine purpose for their temporary stay in the U.S. and that they have strong ties to their home country, which would compel them to return after the completion of their authorized stay.

Examples of ties to the home country may include:

A stable job or business
Family connections
Property ownership
Active participation in social or cultural organizations

Visa applicants must provide evidence of these ties, as consular officers will carefully evaluate their circumstances to determine the likelihood of their returning to their home country. If the officer believes that the applicant may have the intention to remain in the U.S. permanently, the visa application may be denied under the presumption of immigrant intent.

Dual Intent

Dual intent, on the other hand, allows certain Nonimmigrant visa holders to pursue permanent residency (a green card) while they are in the United States on a temporary visa. Visa categories that recognize dual intent do not require the applicant to demonstrate strong ties to their home country, as they are allowed to have both temporary and permanent intentions for their stay in the U.S.

Visa categories that generally allow dual intent include:

H-1B (temporary workers in a specialty occupation)
L-1 (intracompany transferees)
O-1 (individuals with extraordinary ability)
K (fiancé(e)s and spouses of U.S. citizens and their accompanying minor children)

It’s essential to note that not all Nonimmigrant visas permit dual intent. If a visa holder under a non-dual intent category applies for permanent residency, they may jeopardize their Nonimmigrant visas and face difficulties when renewing their Nonimmigrant visas or re-entering the U.S. after international travel.

Understanding the difference between Nonimmigrant intent and dual intent is crucial when applying for Nonimmigrant visas, as it directly impacts the applicant’s ability to pursue permanent residency. If you are unsure about your visa category or need assistance navigating the complex U.S. immigration system, consulting an experienced immigration attorney about Nonimmigrant visas can provide valuable guidance and support.

Other Resources

For official information on Nonimmigrant visa categories, eligibility, forms, and processing,
the following government resources are a helpful starting point.

If you want help choosing the right visa strategy, you can request a free consultation here:

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Last Updated on January 7, 2026 by JR

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