Overview of U.S. Work Visa Types (H-1B, L-1, O-1, etc.)

1. What is the difference between an H-1B and an L-1 visa?


An H-1B visa is a temporary, nonimmigrant visa which allows foreign workers with a specific set of skills to work in the U.S. on a temporary basis, usually a three year period with a possible extension of another three years. The worker must possess a bachelor’s degree or higher in their field of expertise and must have an employer who is willing to sponsor them.

An L-1 visa is also a nonimmigrant visa which allows workers to transfer from a foreign branch of their company to the U.S. for up to seven years. The worker must have been employed at the foreign branch for at least one year within the past three years and must fit into one of two categories: executive/managerial or specialized knowledge employee.

2. How long can a person stay in the US on an H-1B visa?


The maximum duration for an H-1B visa is six years. There is the possibility of extending the visa with an additional three years, for a total of nine years.

3. What is the application process for obtaining an H-1B visa?


The application process for obtaining an H-1B visa consists of the following steps:

1. An employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL). This is an attestation that the employer will pay the prevailing wage to the employee while they are in the US.

2. The employer then files a Form I-129 Petition for Nonimmigrant Worker with the US Citizenship and Immigration Services (USCIS). This includes a copy of the approved LCA and other required documents.

3. The employee must then apply for the H-1B visa at a US embassy or consulate in their home country. They will need to submit the Form I-129, supporting documents, and pay the visa application fee.

4. Finally, if approved, the employee may enter the US and begin working in their H-1B status.

4. Can applicants for an H-1B visa be self-employed?


No, applicants for an H-1B visa must be sponsored by an employer who has obtained a Labor Condition Application (LCA) from the U.S. Department of Labor. The employer must pay the visa holder the prevailing wage for the job in the geographic area where they will work.

5. How difficult is it to obtain an O-1 visa?


Obtaining an O-1 visa is a complex process, as many applicants must provide extensive evidence to prove their extraordinary ability. The U.S. Citizenship and Immigration Services (USCIS) will evaluate applicants based on their achievements, awards, education, and other criteria. Applicants must also demonstrate that they are coming to the U.S. to continue work in their field of expertise. It is important for applicants to thoroughly document their qualifications and achievements in order to support their case for an O-1 visa.

6. Are there any special restrictions on obtaining an O-1 visa?


Yes, there are several restrictions on obtaining an O-1 visa. An individual must have a job offer or recommendation from a U.S. employer in order to qualify for an O-1 visa. Additionally, the individual must be able to demonstrate extraordinary ability in the field of science, arts, education, business, or athletics through sustained national or international acclaim. Furthermore, the individual must be coming to the U.S. to work in their field of extraordinary ability for a specific employer or for their own benefit. Finally, the individual must be able to demonstrate that they have a pre-existing relationship with the employer or previous work experience in their field.

7. What types of jobs are eligible for an H-2A visa?


H-2A visas are typically issued to foreign nationals coming to the United States to perform temporary or seasonal agricultural work. This includes, but is not limited to: farm workers, crop pickers, animal herders, and other agricultural laborers.

8. Are there any restrictions on how long someone can stay in the US on an L-1 visa?


Yes. Generally, the maximum allowable stay in the US on an L-1 visa is seven years for L-1A visa holders and five years for L-1B visa holders. However, the length of stay can be extended beyond these limits in certain circumstances.

9. How do companies qualify to sponsor a worker for a TN visa?


Companies must have a qualifying business relationship with a U.S. or Canadian employer in order to sponsor a worker for a TN visa. Qualifying business relationships include an employer-employee relationship, or a contract between employers. If the worker is self-employed, the company must demonstrate that the self-employed person is not an independent contractor and that the individual has an existing business relationship with the U.S. or Canadian employer.

10. Is there a quota for the number of H-1B visas issued each year?


Yes, there is a quota for the number of H-1B visas issued each year. The quota is set at 65,000 visas per year, with an additional 20,000 spots available for those with a master’s degree or higher from a U.S. university.

11. Is it possible to change status from an H-2B to an H-1B visa while in the United States?


Yes. It is possible to change from an H-2B to an H-1B visa while in the United States if an employer wishes to sponsor the applicant for H-1B status. The applicant must go through the regular H-1B application process, including the filing of an I-129 petition with U.S. Citizenship and Immigration Services (USCIS).

12. Are there any restrictions on what types of activities a J-1 visa holder can undertake while in the US?


Yes, J-1 visa holders are subject to certain restrictions while in the US. Generally, they can only engage in activities that are related to the purpose of their exchange program. Additionally, they are not allowed to work for any employer other than the one they are sponsored by, and cannot stay in the US for longer than the duration of their exchange program.

13. What is the application process for obtaining an E-3 visa?


The process for obtaining an E-3 visa involves completing the following steps:

1. File the Online Nonimmigrant Visa Electronic Application (DS-160) form.

2. Schedule an interview appointment with the U.S. Embassy or Consulate where you will apply for the visa.

3. Prepare all required documents for the visa interview, including a valid passport, proof of employer’s ability to pay the wage, and evidence of qualifications for the position.

4. Attend the visa interview and answer all questions from the consular officer.

5. Pay the visa application fee and the machine-readable visa fee, if applicable.

6. Receive your visa.

14. How does a person qualify for an EB-5 immigrant investor visa?


To qualify for an EB-5 immigrant investor visa, an individual must invest at least $500,000 in a qualifying U.S. commercial enterprise that will create at least 10 full-time jobs for American workers. The individual must also demonstrate that the investment was made through lawful means, and he or she must have managerial control over the commercial enterprise. Additionally, the individual must demonstrate that the investment will benefit the U.S. economy and create at least 10 full-time jobs for American workers that are not family members.

15. How long does it typically take to get approved for a B-2 tourist visa?


It typically takes about two to three weeks to get approved for a B-2 tourist visa. However, wait times can vary depending on the embassy or consulate processing the application.

16. Can a person in F-1 student status apply for a green card while still in the US?


Yes, a person in F-1 student status can apply for a green card while still in the US. They must first obtain an employment-based visa from the U.S. Citizenship and Immigration Services (USCIS) before applying for the green card.

17. Are there any additional requirements for obtaining an O-2 visa for accompanying artists or entertainers?


Yes, in addition to the standard O-2 visa requirements, applicants must demonstrate that they are an “essential” part of the foreign artist or entertainer’s performance. This means that the accompanying individual must possess critical skills and experience that are not of a general nature and are essential to the successful performance of the artist or entertainer.

18. How can someone qualify for a R-1 religious worker visa?


In order to qualify for an R-1 religious worker visa, an individual must be coming to the U.S. temporarily to work for a religious organization either in a professional capacity or as a minister. The individual must have been a member of the religious organization for at least two years prior to entering the U.S., and must have been working for the organization for the same amount of time. In addition, the individual must be coming to the U.S. to work as a minister or in a professional capacity in a religious vocation or occupation that is primarily related to the religious organization’s activities.

19. Are there any restrictions on how many times someone can enter and exit the US on a B-1 business visitor visa?


Yes, visitors on a B-1 business visitor visa are generally allowed to enter the US multiple times during the validity period of the visa, but there is a limit to the total amount of time they can stay in the US. The maximum amount of time they can stay in the US in a given year is six months, and they must remain outside of the US for at least six months before they can apply for a new visa.

20. Is prior work experience required to be eligible for an E-2 treaty investor visa?


No, prior work experience is not required to be eligible for an E-2 treaty investor visa. However, the applicant must demonstrate that they have invested or are in the process of investing a substantial amount of money into their business in the US and that they intend to direct and develop that business.