List of Non-Immigrant Employement Work Based Visas

B-1/B-2: Business and Tourist Visitors

The B-1 visa is used for temporary business trips and is generally used to come to the U.S. to make investments, to purchase goods, or to conduct other temporary work on behalf of a non-U.S. employer. You may not be employed or be paid by a source inside the U.S. The B-1 visa is for one year with 6 month extensions.

The B-2 visa is for tourists who are visiting the U.S. B-2 visas are granted for 6 months. Tourists of some countries may enter the U.S. for up to 90 days without a visa.

E-1/E-2: Investment Treaty

An E-2 is for a foreign national of a country with which the US has a bilateral investment treaty or agreement, who is coming to the US to direct and develop the operations of an enterprise in which he/she has invested or is in the process of investing substantially. If you come from a country that has a treaty of navigation with the U.S. - such as any country from the European Union - you can obtain an E-2 visa that allows you to start your own business in the U.S.

F-1/M-1: Academic and Vocational Students

The F-1 visa allows aliens to come to the U.S. as full-time academic or language students if they are enrolled in a program which leads to a degree or to a certificate. They may work in a part-time job on campus. They can also work off campus if they can show that it is economically necessary or if the job provides practical training in the student's chosen field. "Optional Practical Training" (OPT) can be granted to students on F-1 visas for temporary authorization to work in the U.S. while going to our universities. OPTs are granted by the U.S. Citizenship and Immigration Service (USCIS) - formerly known as the Immigration and Naturalization Service or INS. OPTs don't need approval or review by the Dept. of Labor even though these students are working in jobs that are in most cases identical to those taken by H-1B. OPTs are good for one year.

The M-1 visa is for vocational or nonacademic students such as health care technician, machinist, dental hygienist etc

H-1B: Specialty Workers and Fashion Models

H-1B visas are for aliens that temporarily perform services in specialty occupations. H-1B visas can be used for the following:

specialty occupations that requires the theoretical and practical application of a body of knowledge to fully perform the occupation and requires completion of of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. Fashion models are exempted from the degree requirement.
to perform services of an exceptional nature relating to a cooperative research and development project administered by the United States Department of Defense.
an artist, entertainer or fashion model who has national or international acclaim and recognition for achievements, individually or in the case of entertainers, as part of a group, to be employed in a capacity requiring someone of distinguished merit and ability.
an artist or entertainer, individually or as part of a group, in a unique or traditional art form.
athletic competition as an athlete, individually or as part of a group or team, at a nationally or internationally recognized level of performance.
Accompanying support personnel who are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a H-1B artist, entertainer, or athlete because they perform support services which cannot be readily performed by a US worker and which are essential to the successful performance or services of the H-1B.

A US employer may file the petition to hire an H-1B.

The petition MUST be filed by the US employer and must be filed with an approved LCA from the DOL

1) Evidence that the proposed employment qualifies as within a specialty occupation
Evidence that the alien has the required degree by submitting either:

a copy of the person's US baccalaureate or higher degree which is required by the specialty occupation;
a copy of a foreign degree and evidence it is equivalent to the US degree or evidence of education and experience which is equivalent to the required US degree

2) A copy of any required license or other official permission to practice the occupation in the state of intended employment; and

3)A copy of of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed

TN: NAFTA

The North American Free Trade Agreement (NAFTA), is available to Canadian and Mexican nationals who are engaged in activities at a professional level. The TN visa is similar to the H-1B specialty occupation visa, except that there is no statutory limitation on the term of stay, and it generally covers a broader range of job categories. It is approved instantly with no review process for Canadians but required an LCA for Mexicans. TN status is granted to only 5,500 Mexican professionals each year but this will change in 2004 when all restrictions on the TN visa expire.

H-1A: Registered Nurse

H-1A visas are for aliens coming to perform services as a registered professional nurses. H-1B visas are now used more often for nurses.

H-2A/H-2B: Temporary Agricultural Workers and other Temporary Laborers

The H-2A visa is for persons who come to the U.S. to perform agricultural labor or services on a temporary or a seasonal basis while the H-2B visa is for temporary workers performing non-agricultural temporary services or labor.

The H-2A is a very detailed program, setting out the wages that must be paid, the free and approved housing that must be offered to US and foreign workers, including the size the windows and the density of the screens on them, the work guarantees, and the requirements that must be satisfied for workers to have their transportation reimbursed. The H-2B program is similar to the H-2A program but without the housing, AEWR, and other worker protections spelled out in detail. .^[1]

H-3: Temporary Trainees

H-3 visas are for aliens that come to the U.S. for on-the-job training to be provided by a U.S. employer. The purpose of the training should be to advance their career in their home country where they plan to return to, and where similar training opportunities are unavailable.

I: Press and Media

The I visa is for foreign press, radio, film, or other foreign information media personnel.

J-1: Exchange Visitors

The J-1 visa is for coming to the U.S. to participate in an approved exchange visitor program. Visitor programs can be sponsored by businesses, schools, and various organizations and institutions. Persons eligible include scholars, students, professors, research assistants, job trainees, au pairs, international visitors on cultural missions, and others. The J-1 visa is exempt from FICA withholdings.

L-1: Intra-company Transfers

L-1 visas are used to transfer aliens to the U.S. to work for a U.S. firms, corporations, or other legal entities or their affiliates or subsidiaries of a company which already employs them outside of the U.S. There are two kinds of L Visas. There is the L-1A Visa which is intended for managerial level aliens to reside and work in the United States, and the L-1B, which is intended for technical workers, such as engineers, etc. to reside and work in the United States. Spouses and children of L-1's enter the U.S.A. with L-2 Visas.

It is important that the distinction between L-1A and L-1B's be highlighted. L-1A managers are considered priority workers for the purposes of immigration. L-1B's, as technical staff persons are not similarly considered. Therefore, an L-1A employee may apply for permanent residency as a priority worker, without having to obtain Labor Certification. As a priority worker, the L-1A employee would leap-frog the processes of Labor Certification, resulting in considerable savings of time and money. On the other hand, the L-1B technical worker may not skip the Labor Certification process. Therefore the L-1A becomes a very attractive route for multinational executives who wish to permanently reside in the United States.^[2]

O-1/O-2/O-3: Extraordinary Ability

The O visa is used for aliens coming temporarily who has extraordinary ability in the sciences, education or business.

The services to be performed are:

Primarily involve a specific scientific or educational project, conference, convention, lecture, or exhibit sponsored by a scientific or educational organization or establishment, OR
consist of a specific business project that requires an extraordinary executive, manager, or highly technical person due to the complexity of the project
Evidence the alien has received a major internationally-recognized award such as a Noble Prize, or copies of evidence of at least three of the following:

receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

membership in associations in the field which require outstanding achievements as judged by recognized international experts

Published material in professional or major trade publications or newspapers about the alien and his work in the field

Participation on a panel or individually as a judge of the work of others in the field or an allied field

original scientific or scholarly research contributions of major significance in the field

authorship of scholarly articles in the field in professional journals or other major media, or

evidence the alien commands a high salary or other high remuneration for services

P-1, P-2, P-3: Athletes and Entertainers

P visas are used for aliens coming temporarily to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between the an organization in the US and organization in another country.

Q: International Cultural Exchange Program

The Q visa is used for cultural exchange programs which have been designated for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the alien's nationality.

R: Religious Vocation or Occupation

R visas are for aliens who have been a member of a legitimate religious denomination for at least two years and also have a job offer in the U.S. to work for an affiliate of that same religious organization.

Penalties

These visas all say that if you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, the Department of Labor will deny the visa and may deny any other immigration benefit in addition. Violators will face severe penalties provided by law, and may be subject to criminal prosecution.

Of course this is usually ignored!