Nonimmigrant Visas
Professionals
E-3.
The E-3 visa category was established fairly recently as part of an agreement between the U.S. and Australia. The E-3 category has similar requirements to the H-1B visa category. The position being offered must require a bachelor's degree, or equivalent work experience, and the individual filling the position must possess the equivalent of a U.S. bachelor's degree that is related to the position. The sponsoring employer must also comply with Department of Labor regulations applicable to this visa category.
H-1B.
The H-1B visa is set aside for individuals who are filling professional positions in the U.S. ("specialty occupations"). The position must require a bachelor's degree, or equivalent work experience, and the individual filling the position must possess the equivalent of a U.S. bachelor's degree that is related to the position being offered. Unlike most other visa categories, the sponsoring H-1B employer must also comply with Department of Labor regulations applicable to this visa category. There are also special H-1B numbers set aside for nationals of Chile and Singapore. These cases are set apart from the regular H-1B in a few ways and receive special considerations.
TN.
The TN visa is a visa category that was created as part of the NAFTA agreement of the U.S., Canada, and Mexico. It allows Canadian and Mexican citizens to enter the U.S. to work in one of the job categories specified in the Agreement. The employee must be offered employment that is listed in NAFTA and the employee must satisfy the requirements associated with the job category.
Multinationals
L-1.
The L-1 visa category is utilized by companies that have offices internationally and wish to transfer an employee to the U.S. to fill a managerial/executive position or a position that requires use of their specialized knowledge. Spouses of individuals in L-1 status would hold L-2 status and are also eligible to be granted work authorization by the USCIS following a properly filed application. The period of work authorization would correspond to the duration of the primary L-1 beneficiary's status. The work authorization for the L-2 spouse is not employer-specific.
Extraordinary Ability Foreign Nationals
O-1.
The O-1 visa category is made available to foreign nationals who have achieved extraordinary ability and are at the top of their field in the arts, sciences, athletics, or education and who can provide the relevant documentary evidence to support the claim.
Trainees
Training Programs (H-3 and J-1).
H-3
visa category is for foreign employees of U.S. companies and institutions to come to the U.S. to participate in established company training programs. H-3 trainees are not permitted to engage in productive employment. Any productive employment must be incidental to the training.
J-1
is a nonimmigrant visa issued to foreign students, scholars, experts, international visitors, and business trainees who are coming to the U.S. to participate in J-1 Programs for purposes of studying, gaining experience and doing research with the express purpose to promote cultural exchanges in addition to the skills being obtained as part of the training program.
