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Nonimmigrant Visas

The outline below is a brief summary of the most frequently requested temporary employment-based visa categories.

 

E-1 - Treaty-based visa for nationals of a treaty country who wish to solely engage in international trade on his or her own behalf. Certain employees of such a person or qualifying organization may also be eligible for E-1 classification. 

 

E-2 - Treaty-based visa which allows nationals of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or qualifying organization may also be eligible for E-2 classification.

 

E-3 - Reserved solely for Australian nationals who possess at least a Bachelor’s Degree or the equivalent thereof and who are coming to the U.S. solely to perform services in a specialty occupation. 

 

H-1B - “Specialty Occupation” visa category for individuals with at least a bachelor’s degree or the equivalent thereof, working in a specialized field. The specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s degree or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the U.S.

 

I - This visa category is reserved for foreign media representatives and journalists who seek to travel to the U.S. for a specific assignment. These individuals can include reporters, editors, documentary filmmakers, etc.

 

J-1 - Foreign nationals who wish to take part in study- or work-related exchange programs in the U.S., including internships, training programs, and au pair programs, among others.

 

L-1A - Allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its U.S. offices. This category also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S. with the purposes of establishing one.

 

L-1B - Allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the U.S. This category also enables a foreign company that does not yet have an affiliated U.S. office to send a professional with specialized knowledge to the U.S. with the purposes of establishing one.

 

O-1A -  Foreign nationals with extraordinary ability in the sciences, education, business, or athletics who are one of the small percentage who have risen to the top of the field of endeavor. 

 

O-1B - Foreign nationals with extraordinary ability in the arts who possess a degree of skill and recognition substantially above that ordinarily encountered to the extent the individual is prominent, renowned, leading or well-known in the field of arts. Or, foreign nationals with extraordinary achievement in the motion picture or television industry who are recognized as outstanding, notable, or leading in the field.

 

O-2 - An individual coming to the U.S. to serve as essential support to an O-1 visa holder. The individual must be an “integral part” of the O-1 visa holder's work and have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. worker. Please note: the O-2 visa category is not available to essential support of O-1 visa holders in science, business, or education. 

 

P-1A - Foreign nationals who are internationally recognized athletes, either individually or as part of a team, coming to perform at specific athletic competitions at the internationally recognized level of performance.

 

P-1B - Foreign nationals who are members of an internationally recognized entertainment group that has been critically reviewed, awarded, or given other significant international recognition for their work.  

 

P-1S - An individual coming to the U.S. to serve as essential support to an P-1 visa holder. The individual must be an “integral part” of the P-1 visa holder's performance and perform support services that cannot be readily performed by a U.S. worker. 

 

TN-1 - Canadian nationals who are seeking temporary entry into the U.S. to engage in business activities at a professional level may apply for TN-1 status. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.


TN-2 - Mexican nationals who are seeking temporary entry into the U.S. to engage in business activities at a professional level may apply for TN-2 status. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

Please contact Blaker & Granet LLP if you would like additional information.

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