Need A Non-immigrant (Temporary) Visa?

Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

H-1B: Person in Specialty Occupation

H-1B status is available to persons working in the U.S. in a position requiring at least a bachelor’s degree or its equivalent in a specialty occupation. The employee must have at least the required degree or the equivalent. There are a limited number of H-1B visas available each year.

Initial validity is for three years and can be renewed for additional three years for total of six years. Extensions beyond six years are available if permanent residency (green card) has been sought. Dependents can accompany their family member and attend school. Some H-4 spouses can work if the H-1B spouse is at a certain stage in the green card process.

B-1/B-2 (Visitors for Business/Pleasure)

The B is the most commonly utilized visa. It allows an individual to come to the U.S. to visit for either business or pleasure (such as for a vacation or medical treatment). Individuals can stay up to six months. Work is not permitted on a B-1 visa, but conducting business is allowed (such as meetings, conferences, and starting a business). Extensions of up to 6 months are possible. Dependent family members are not automatically included and must apply for their own B visas.

H-1B1: Free Trade Agreement (FTA) Professional, Specialty Occupation – Chile, Singapore

H-1B1 status is available to Chilean and Singaporean citizens working in the U.S. in a position requiring at least a bachelor’s degree or its equivalent in a specialty occupation. The employee must have at least the required degree or the equivalent. There are alternative, more generous, requirements for the bachelor’s degree requirement for agricultural managers (Chile), physical therapists (Chile), management consultants (Chile and Singapore), and disaster relief claims adjusters (Chile and Singapore).

Initial validity is for one year and one year extensions are regularly approved. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

E-1/E-2 (Treaty Trader/ Treaty Investor)

The U.S. has entered into trade and/or investor treaties with over fifty countries. The E-1 treaty trader allows citizens from treaty countries to conduct substantial international trade between the U.S. and the treaty country. The E-2 treaty investor allows citizens from treaty countries to develop and direct the operations of a new or existing business in which he/she has invested, or is actively investing, a substantial amount of money. Key employees from the treaty country who are essential to the business can also obtain an E visa.

E-3 (Australian, Specialty Occupation)

E-3 status is available to Australian citizens working in the U.S. in a position requiring at least a bachelor’s degree or its equivalent in a specialty occupation. The employee must have at least the required degree or the equivalent.

Initial validity is for two years and extensions are regularly approved. Dependents can accompany their family member and attend school. Dependent spouses can work.

L-1: Intracompany Transferee

The L-1 status is utilized by companies, large and small, to transfer managers, executives and employees with specialized knowledge, who have been employed for at least one year out of the last three years overseas, to a related entity in the U.S. There must be a relationship between the U.S. entity and the foreign company such as parent, subsidiary, branch, or affiliate. Personnel can also be transferred to start up U.S. operations.

Initial validity is for three years (a new office would only be approved for one year initially), with extensions for up to 5 or 7 years depending on the category. There is a special track to permanent residence for managers and executives. Dependents can accompany their family member to the U.S. and can attend school. Dependent spouses can work in the U.S.

O-1: Individual with Extraordinary Ability or Achievement

The O-1 is available to individuals with “extraordinary ability” to come and work in the U.S. The test of extraordinary ability is quite rigorous. Individuals who have “risen to the top of their field” can obtain permission to stay and work in the U.S.

Initial validity is for three years and extensions are regularly approved. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

P-1: Individual or Team Athlete, or Member of an Entertainment Group

P-1A is available to athletes and coaches (individually or as part of a team or group) that are internationally recognized. The category includes amateurs, professionals, and minor league members. Includes persons providing essential services in support of the above individual or team.

Initial validity for P-1A athletes may be up to five years with extensions up to an additional five years, depending on the event. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

Initial validity for P-1A athletic team or entertainment groups may be up to one year with extensions up to an additional five years, depending on the event. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

P-1B is available to entertainment groups that have been recognized internationally for a sustained and substantial period of time. It is also available to individual performers who have had a sustained and substantial relationship with a group for over one year. Includes persons providing essential services in support of the above individual.

Initial validity for P-1B athletic team or entertainment groups may be up to one year with extensions up to an additional five years, depending on the event. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

P-2: Artist or Entertainer (Individual or Group)

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.

Initial validity for P-2 may be up to one year with extensions of up to one year, depending on the event. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

P-3: Artist or Entertainer (Individual or Group)

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

Initial validity for P-3 may be up to one year with extensions of up to one year, depending on the event. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

R-1: Religious Worker

The R-1 visa allows religious workers to work in the U.S. Individuals do not have to be a priest, rabbi, or nun to qualify for this type of visa; just a religious worker. The music instructor of a religious institution or school might qualify as their work involves religious teaching. Even fundraisers for religious institutions and members of the board of directors of the religious institution might be able to qualify for this type of visa as the religious values or instructions might be a significant component of their job. However, a janitor of a religious institution or school would probably not qualify.

Initial validity is 30 months, with one extension for 30 months. Dependents can accompany their family member and attend school, but they cannot work in the U.S

TN (Canada-United States-Mexico Agreement [formerly NAFTA])

TN status is available to Canadian and Mexican citizens engaged in professional activities. A list of the professional activities is provided in the treaty. Although most of the jobs categories require the individual have a bachelor’s degree, there are some that do not.

Initial validity is for three years and three-year extensions are regularly approved. Dependents can accompany their family member and attend school, but they cannot work in the U.S.

Reach Out For Assistance

Our lawyers are here to guide you through the process and help you achieve your goals. Schedule a consultation today with an experienced Seattle immigration lawyer. Contact us online or by calling 206-512-3597. We serve the Pacific Northwest. Se Habla Español.