+ Specialty Occupation Worker (H-1B)

The most popular temporary working visa for many companies across a wide range of industries, the H-1B is available for any qualified prospective employee with a job offer to work in a “Specialty Occupation,” or an occupation that requires the theoretical or practical application of a body of highly specialized knowledge, and requires, at a minimum, the attainment of a Bachelor’s degree or higher.

Because only around 85,000 visas (including 20,000 for those with U.S. Master’s degrees or higher and excluding visas for nationals of Singapore and Chile) are available and there are about 100,000 to 200,000 applicants each fiscal year, these visas are distributed via electronic lottery conducted by USCIS every April. Unlike some other nonimmigrant visas, the H-1B visa requires that a Petition for Nonimmigrant Worker first be approved by USCIS. It is only after the petition is approved can the prospective employee apply for the visa at a U.S. Embassy or Consulate abroad, or apply for Change of Status if they are already in the U.S. under a valid visa.

An approved H-1B petition allows the holder to stay for three (3) years in the U.S. and to work only for the petitioning company. An extension is allowed for a further three (3) years, for a maximum of six (6) years of stay as an H-1B worker. The six-year “Max Out” period does not apply if the H-1B worker is being petitioned for, or is already approved for an employment-based immigrant visa. Finally, unlike the other nonimmigrant visas, the H-1B allows the prospective employee to maintain an intent to eventually immigrate to the U.S.

+ Spouse or Child of Specialty Occupation Worker (H-4)

An H-1B worker’s spouse or child below 21 years of age may apply for an H-4 visa. Procedures vary depending on whether the visa applied for at a U.S. Embassy or Consulate, or via Change of Status inside the U.S.

The H-4 dependent’s period of stay in the U.S. coincides with that of the principal H-1B worker.

An H-4 child may attend school in the U.S., but the H-4 spouse is not authorized to work, unless the principal H-1B worker is being petitioned for, or is already approved for an employment-based immigrant visa.

+ Intracompany Transferee, Manager or Executive (L-1A)

The L-1A visa is specifically made for U.S. multinational companies; that is, those with a corporate presence in the U.S. and at least one other foreign country, whether a branch, subsidiary, or affiliate. The company can be engaged in any industry and may be of any size – but companies seeking to startup a new branch in the U.S. are subject to slightly different rules.

The prospective employee must have been employed for at least one (1) year in the foreign branch, in a managerial or executive capacity.

A Petition for Nonimmigrant Worker must first be approved by USCIS before the prospective employee is allowed to apply for the L-1A visa. The prospective employee must have also been working for the foreign branch in the past three (3) years prior to filing the petition.

An approved L-1A petition allows the holder to stay for an initial three (3) years; unless if it is for the purpose of opening a new branch, then the initial period given will only be for one (1) year.

Further extensions are given in two (2)-year increments, up to a maximum of seven (7) years in L-1A status.

Finally, unlike the other nonimmigrant visas, the L-1A allows the prospective employee to maintain an intent to eventually immigrate to the U.S.

+ Intracompany Transferee, Specialized Knowledge (L-1B)

The L-1B visa is specifically made for U.S. multinational companies; that is, those with a corporate presence in the U.S. and at least one other foreign country, whether a branch, subsidiary, or affiliate. The company can be engaged in any industry and may be of any size.

The prospective employee must have been employed for at least one (1) year in the foreign branch, in a “specialized knowledge” capacity.

Specialized knowledge simply means that the employee possesses specific knowledge about the how the company performs its operations, manufacturing, marketing, research, distribution, etc. When compared to other workers in the same industry, those other workers should not commonly possess this knowledge. Unlike the H-1B visa or the immigrant visa categories, a degree or experience requirement is not necessary, although training or prior experience with the company is relevant to determine the peculiarity of the prospective worker’s knowledge.

A Petition for Nonimmigrant Worker must first be approved by USCIS before the prospective employee is allowed to apply for the L-1B visa. The prospective employee must have also been working for the foreign branch in the past three (3) years prior to filing the petition.

An approved L-1B petition allows the holder to stay for an initial three (3) years. Further extensions are given in two (2)-year increments, up to a maximum of five (5) years in L-1B status.

Finally, unlike the other nonimmigrant visas, the L-1B allows the prospective employee to maintain an intent to eventually immigrate to the U.S.

+ Spouse or Child of Intracompany Transferee (L-2)

An L-1 worker’s spouse or child below 21 years of age may apply for an L-2 visa. Procedures vary depending on whether the visa applied for at a U.S. Embassy or Consulate, or via Change of Status inside the U.S.

The L-2 dependent’s period of stay in the U.S. coincides with that of the principal L-1 worker.

An L-2 spouse is automatically authorized to work in the U.S. for any employer. An L-2 child may attend school in the U.S.

+ Treaty Investor, Supervisor, or Specialist Worker (E-2)

The E-2 visa is available to any individual who is a citizen or national of a foreign country that has signed an “E-2 Treaty” with the U.S. The Department of State maintains a list of treaty countries at this webpage.

The individual must intend to enter the U.S. either (1) To direct and develop the operations of an enterprise, which they own a majority control of, or otherwise has control over; or (2) To work as a manager/supervisor or as an “essential employee” for an enterprise. The enterprise must be majority owned by members of the same nationality as the individual.

The individual must also have a substantial, and non-marginal investment (or in the process of actively investing) in the enterprise, which must be bona fide or ready to operate. The investment funds must be from a legitimate source – inherited or donated funds are acceptable; but loans must be under the individual’s own name or secured with property owned by the individual.

Substantiality of the investment; that is, the “minimum” amount of investment, is determined by the nature of the business and must be demonstrated in a detailed business plan with financial projections for at least five (5) years. There is no minimum investment amount required.

The E-2 visa may be applied for directly at a U.S. Embassy or Consulate, or via Change of Status if the individual is already in the U.S. under a valid visa; for example, as a Visitor for Business (B-1) conducting feasibility studies or signing documents and agreements.

The approved E-2 visa is generally valid for two (2) years, multiple entry, and allows the holder to gain admission into the U.S. for a period of two (2) years from first entry as an E-2. After the expiration of the initial two (2) years, the individual may apply for a new visa at the U.S. Embassy or Consulate, or may apply for an Extension of Status in the U.S.

Further visas or extensions are approved in two (2) year increments without limits, as long as the individual continues to meet the requirements. The individual is not required to show an intent to leave the U.S. within a certain period of time, as long as the intent to remain in the U.S. is not permanent.

+ Spouse or Child of Treaty Investor (E-2 Spouse / Child)

An E-2 worker or investor’s spouse or child below 21 years of age, regardless of their nationalities, may apply for an E-2 visa. Procedures vary depending on whether the visa applied for at a U.S. Embassy or Consulate, or via Change of Status inside the U.S.

The E-2 dependent’s period of stay in the U.S. coincides with that of the principal E-2 worker.

An E-2 spouse is automatically authorized to work in the U.S. for any employer. An E-2 child may attend school in the U.S.

+ Students (F-1, M-1)

Visas are available to a foreign individual who is admitted to enroll in an academic (F-1) or vocational (M-1) program or course of study, in a U.S. educational institution accredited by the U.S. Department of Homeland Security.

The individual must first contact a U.S. educational institution (school, academy, university, etc.) and meet the requirements for admission into the desired educational program.

Once this is done, the institution issues the individual a Certificate of Eligibility for Nonimmigrant Student Status, which then must be presented to either a U.S. Embassy or Consulate abroad when applying for a visa, or to USCIS when applying for a Change of Status if present in the U.S. under a valid visa.

+ Spouse or Child of a Student (F-2, M-2)

An F-1 or M-1 student’s spouse or child below 21 years of age, may apply for an F-2 or M-2 visa, respectively. Procedures vary depending on whether the visa applied for at a U.S. Embassy or Consulate, or via Change of Status inside the U.S., but in all cases, separate Form I-20s must be obtained for the relatives from the educational institution.

The F-2 or M-2 dependent’s period of stay in the U.S. coincides with that of the principal F-1 or M-1 student.

An F-2 or M-2 child may attend school in the U.S. up to the 12th grade, and must apply for an F-1 visa of their own for any full-time studies beyond this. An F-2 or M-2 spouse is not authorized to work.

+ Fiance/e of a U.S. Citizen (K-1)

The Fiancee Visa or K-1 visa is available to any foreign individual who is legally free to marry, who intends to marry a U.S. citizen who in turn must also be legally free to marry and whom they have physically met within the last two (2) years before filing the Petition for Alien Fiancee.

A Petition for Alien Fiancee must first be filed with USCIS by the U.S. citizen petitioner. After its approval, the individual must apply for the K-1 visa at a U.S. Embassy or Consulate abroad. This visa can only be obtained abroad, and the initial period of stay upon arrival in the U.S. cannot be extended.

The individual and the petitioner must get married within 90 days of the individual’s admission into the U.S. as a fiancée. This period cannot be extended, and if the marriage does not occur, then the individual must depart the U.S. immediately. Prior to the marriage, the individual may apply for Employment Authorization that allows them to work for any U.S. employer, but this is impractical because of the short period of admission.

If the marriage does occur within the stated timeframe, then the individual may apply for permanent residency via Adjustment of Status, or they may return to their home country to wind down their affairs and apply for an immigrant visa at a U.S. Embassy or Consulate abroad.

+ Child of a Fiance/e of a U.S. Citizen (K-2)

A child below 21 of an individual eligible for a Fiancee Visa is also in turn eligible for a K-2 visa.

This visa may only be obtained at a U.S. Embassy or Consulate abroad, and only if the principal K-1 applicant is accompanying.