Nonimmigrant "Working" Visas

H-1b: Specialty Occupation Workers ()
A qualified professional coming temporarily to the U.S. to perform services in a "specialty occupation" qualifies for this status upon approval of a petition filed by a petitioning U.S. employer. H-1b status is initially granted for a maximum of three years, and additional extensions may be approved up to a maximum of six years.

As a prerequisite to filing a petition for an H-1b specialty occupation worker, the employer must file a labor condition attestation (LCA) application with the Department of Labor. The LCA includes the title and salary for the position, the location where the intended H-1b holder will work, and various statements attesting that employment of the intended H-1b holder will have no adverse effect on U.S. citizen or permanent resident workers.

H-2: Temporary Worker
An individual who will be providing temporary labor in the U.S., provided that there are no qualified and unemployed U.S. workers, may obtain an H-2 visa. The petitioning employer must file an application with the Department of Labor to show that American workers are unavailable, and it must demonstrate to the INS that unemployed Americans capable of performing these services cannot be located and that the individual is coming temporarily to perform services which are themselves temporary in nature. The initial period of admission is for a maximum of one year. Extensions may be obtained in limited circumstances for a maximum validity of three years.

H-3: Trainee
A trainee is an individual coming temporarily to the U.S. for training at the invitation of an individual, organization, firm or other trainer in any field of endeavor, including agriculture, commerce, communications, finance, government, transportation and the professions. The petitioning employer/trainer must describe the type of training to be given, the source of remuneration of the trainee and whether or not any benefit will accrue to the petitioner, and must demonstrate why it is necessary for the individual to be trained in the United States. The trainee is not permitted to engage in productive employment unless it is incidental and necessary to the training, and he/she may not take up employment which will displace a U.S. resident worker. The period of initial admission is generally the full period required for training, with extensions available in limited circumstances, up to a total limit of two years.

L-1: Intra-Company Transferee ()
An L-1 intra-company transferee is an individual who, during the three-year period immediately preceding the time of his or her application for admission into the U.S., has been employed for one year by a firm or other legal entity (or an affiliate or subsidiary thereof) and who seeks to enter the U.S. temporarily in order to continue to render his or her services to the same employer (or an affiliate or subsidiary thereof) in a capacity which is managerial, executive or involves specialized knowledge. The L-1 is granted initially for a maximum of three years. Total stay in L-1 status (or L-1 and H-1b combined) are limited to a total of five consecutive years for those individuals with "specialized knowledge" and seven years for those considered "executive" or "managerial".

O-1: Individuals Having Extraordinary Ability ()
An individual who has "extraordinary ability" in the sciences, arts, education, business and athletes, as demonstrated by "sustained national or international acclaim," and whose entry the Attorney General believes will "substantially benefit prospectively" the U.S., may obtain an O-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

O-2: Support Personnel for O-1 Individuals
An O-2 visa is issued to an individual entering the U.S. for the purpose of assisting the performance of an individual having extraordinary ability. The O-2 individual must establish that he or she is an integral part of the performance of the O-1 principal because of his/her critical skills or long-standing relationship with the O-1 principal.

P-1: Athlete or Entertainer ()
An individual who is a internationally recognized professional athlete or member of an entertainment group may be granted a P-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

P-2: Exchange Athlete or Entertainer
An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform under a reciprocal exchange program is issued a P-2 visa.

P-3: Athletes and Entertainers (Cultural)
An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform in a culturally unique program is issued a P-3 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

Q: Cultural Exchange Visitor
An individual seeking to enter the U.S. to participate in a designated international cultural exchange program that provides practical training, employment and sharing of culture may obtain a 'Q' visa. The maximum stay in 'Q' status is 15 months.