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Summary of Work Visas in the United States

Posted by Karol Brown | Nov 16, 2023 | 0 Comments

The United States has long been a destination for professionals, entrepreneurs, and individuals seeking opportunities to work and contribute to its diverse and vibrant economy. Whether you're a treaty trader, an extraordinary artist, or a specialized knowledge employee, the U.S. offers various work visas designed to accommodate different qualifications, skills, and goals. In this comprehensive guide, we'll explore the most common work visas available and the qualifications, application processes, job duties, length of stay, and extension options associated with each.

E-1 Treaty Trader Visa:

Qualifications: Nationals of countries with specific treaties with the U.S.

Application Process: Petition filed by the employer (or alien) at USCIS or U.S. consulate if outside the U.S.

Job Duties: Engage in significant international trade with the U.S.

Length of Stay: Initially valid for 2-5 years. Extensions: May be renewed indefinitely, but permanent residency application is not allowed.

E-2 Treaty Investor Visa:

Qualifications: Nationals of treaty countries.

Application Process: Employer (or alien) files petition at USCIS or U.S. consulate if outside the U.S.

Job Duties: Significant investment in a U.S. business.

Length of Stay: Initially valid for 2-5 years.

Extensions: May be renewed indefinitely, but permanent residency application is not allowed.

E-3 Visa:

Qualifications: Australians with a bachelor's degree or equivalent in a specialized occupation.

Application Process: Employer files petition at USCIS or U.S. consulate if outside the U.S.

Job Duties: Specialty occupation requiring a bachelor's degree.

Length of Stay: Usually a 2-year term. Extensions: May be renewed in 2-year increments with no maximum number of extensions.

H-1B Professionals:

Qualifications: Bachelor's degree or equivalent in a specialized occupation.

Application Process: Employer files Labor Condition Application with DOL and petition at USCIS.

Job Duties: Specialty occupation requiring a bachelor's degree.

Length of Stay: Usually a 3-year term. Extensions: May be renewed in 3-year increments for up to six years, with some exceptions.

H-1B1 for Chilean and Singaporean Professionals:

Qualifications: Citizens of Chile or Singapore with a bachelor's degree or equivalent in a specialized occupation.

Application Process: Employee may apply directly at the U.S. embassy or employer files petition with USCIS for a change of status.

Job Duties: Specialty occupation requiring a bachelor's degree.

Length of Stay: Maximum one-year entry. Extensions: May be renewed in one-year increments with no maximum. No adjustment of status or change of status to other categories.

H-2B for Non-Agricultural Workers:

Qualifications: Designated countries with not enough qualified U.S. workers.

Application Process: Labor certification filed with DOL, then petition at USCIS.

Job Duties: Temporary, non-agricultural positions.

Length of Stay: Up to the period authorized on the labor certification. Extensions: May be extended for qualifying employment in increments of up to 1 year each, with a maximum of 3 years.

L-1A Multinational Manager/Executive:

Qualifications: Executives or managers working for a U.S. parent, subsidiary, or affiliate.

Application Process: Employer files petition at USCIS or U.S. consulate if outside the U.S.

Job Duties: Must be an executive or manager overseeing people or a function.

Length of Stay: Up to 3 years for existing U.S. offices, one year for new offices. Extensions: May be renewed for up to seven years in two-year increments.

L-1B Specialized Knowledge Employee:

Qualifications: Employees with specialized knowledge working for a U.S. parent or subsidiary.

Application Process: Employer files petition at USCIS or U.S. consulate if outside the U.S.

Job Duties: Requires advanced knowledge of the organization's processes and procedures.

Length of Stay: Up to 3 years for existing U.S. offices, one year for new offices. Extensions: May be renewed for up to five years in two-year increments.

TN NAFTA Visa:

Qualifications: Canadians or Mexicans in specified NAFTA treaty occupations.

Application Process: Canadians apply at U.S. ports or borders, Mexicans file a Labor Condition Application with DOL and a petition with USCIS.

Job Duties: Must work in a job listed in the NAFTA Treaty.

Length of Stay: Three years. Extensions: May be renewed for additional one-year increments with the intention to leave the U.S.

O-1 Alien of Extraordinary Ability:

Qualifications: Must possess "extraordinary ability" in a specific field.

Application Process: Employer or agent files a petition at USCIS or U.S. consulate if outside the U.S.

Job Duties: Activities related to the field

About the Author

Karol Brown

Managing Attorney

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