EMPLOYMENT--TEMPORARY
B-1/B-2 Visitors
B-1 visas are available for business visitors who are entering the U.S. for a short period and who are not
engaged in local employment. B-2 visas are for non-business visitors for pleasure.
E-1/E-2 Treaty Traders and Investors
Certain countries have treaties with the U.S. regarding trade and/or investment that allow such
individuals and their employees to receive visas to engage in business in the U.S.
H-1B Specialty Occupations
Professional workers with at least a bachelor's degree in a relevant field (or its equivalent in work
experience) may be eligible for an H-1B visa if the job requires a degree in that field and the employer can
demonstrate that it will be paying at least the prevailing wage to the foreign employee. This is a two-step
process involving both the Department of Labor and the USCIS.
H-2A and H-2B
Occasionally non-professional workers can obtain temporary work permission either for agricultural or
non-agricultural labor that is in short supply in the U.S. These categories require a labor certification from
the Department of Labor. The procedure is quicker than for immigrant-based labor certifications, but it is
still unwieldy and should be reserved only for those cases that truly warrant it.
H-3 Company Trainee
An employer may be able to set up a temporary training program to bring over experienced individuals for
the purpose of training them further in their field with the intention that they will return to their
countries after such training.
J-1 Trainees
Occasionally individuals may come to the U.S. under an approved exchange program for the purpose of
business training, teaching, providing research, or even serving as camp counselors and au pairs.
Depending on the country the individual is from and the program requirements, some J-1 visa holders will
be subject to a requirement that they spend at least two years outside of the U.S. before being permitted to
change to another nonimmigrant visa or even adjust status to permanent residence. There are waivers available to
remove this requirement which are more or less difficult to obtain depending on a number of variables,
including the program sponsor and the country of origin.
L-1 Intra-Company Transferees
L-1 visas are available to executives, managers, and employees with specialized knowledge (both
professional and non-professional) who are transferring to the U.S. from an overseas affiliate. The foreign
and U.S. companies must have the requisite legal affiliation to be eligible. L-1 executives and managers may
qualify for permanent residence in the Employment-Based First-Preference (EB-1) category and therefore do
not need a labor certification.
O-1 Extraordinary Ability Workers
O-1 visas are available for individuals with extraordinary ability, including artists, entertainers, athletes,
scientists, and business people. The standard for eligibility is higher for all those except artists and
entertainers, who need show only "distinguished ability." Most Os in the arts and entertainment field
require advisory opinions from applicable labor unions.
P-1, P-2, P-3 Artists and Athletes
These categories cover artists, entertainers, athletes and coaches. P-1 is for entertainment groups (not
individuals) and individual or group athletes that are internationally recognized. P-2 is a category for
artists and entertainers engaged in established reciprocal exchange programs. P-3 is for artists,
entertainers, and coaches who are culturally unique. Most P visas require advisory opinions from a
related union indicating that there is no objection to the grant of a visa.
Q-1
Q-1 visas are for a unique classification of individuals participating in international cultural exchange
programs. These visas can be very useful for temporary culture or language teachers and certain camp
counselors.
TN Status
The TN category is a special one set up for nationals of Canada and Mexico under the provisions of the
North American Free Trade Agreement. Despite the similarities, it is considerably easier to get TN status
for a Canadian than a Mexican. To qualify, one must fit the specific TN job classification and the U.S.
employer's job duties must conform to the job classification.