Temporary Non-Immigrant Visa Options:

There are numerous non-immigrant visa categories for both skilled and unskilled workers, each with their own conditions regarding eligibility, length of stay, options for extending, annual numerical availability and whether one can concurrently pursue permanent residency.  Some of the most common categories for temporary workers include:

H-1B: This option is for professional workers with positions requiring a minimum of a Bachelor’s degree in a specialized field.  There is an annual numerical limitation with the fiscal year beginning in October.  This is a dual intent visa, allowing a worker to also pursue permanent residence while working on the temporary visa.  The H-1B is limited to six years unless the beneficiary has reached a certain stage in their green card/permanent residence process. For additional information on the H-1B category, click here.

H-1B1 Singapore/Chile:

L-1A or L-1B: This option is for intra-company transferees with specialized knowledge or in management/executive positions that have worked abroad for an affiliated company and are being transferred to the U.S.  There is no annual numerical limitation and like the H-1B, the L is also a dual intent visa, allowing the worker to pursue permanent residence while working on the temporary visa.  The L-1A for managers/executives is limited to seven years and the L-1B for those with specialized knowledge is limited to five years.  For additional information on the L category of visas, click here.

H-2B: For seasonal, or ‘one-time need’ non-agricultural workers. This is common for workers whose positions are not year around, including positions in landscaping, forestry, hotels and tourism, seafood processing, restaurants, amusement parks, and construction.

TN-1: Trade Nafta visa for professionals from Mexico or Canada.  For additional information on the TN category of visas, click here.

E-3: For professionals from Australia.

O-1:  For “extraordinary ability aliens.” Can include renowned persons in the arts, sciences, business, sports, etc.

H-3: For long term trainees (up to 18 months). Permits some work incidental to training.

B-1: For business visitors. Not permitted to “work” in the U.S., but there are many legitimate activities for bringing someone in for business purposes, such as training, attending meetings, etc.

R-1:  For Religious workers, including ministers, religious professionals, and those engaged in religious vocations.

P Visas: Visas for athletes, artists, and entertainers.

J-1: Exchange Visitors. Although this is not technically an “employment-based” visa, this can be a good temporary option for interns and trainees.

F-1:  For students. Normally, F-1 students are not permitted to work. However, we often advise students in F-1 status on issues relating to work authorization, maintenance of their student status, and transitioning to OPTS or employment-based visas.