What types of visas are available for people to work in the United States?

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. If you want to work in the U.S. temporarily, under immigration law, you need a specific visa based on the purpose of your travel and type of work you will be doing. Here is a short overview of visa types that an individual can obtain in order to be employed in the United States.

  • H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education.
  • H-1C classification applies to foreign nurses coming to perform nursing services in medically underserved areas for a temporary period up to three years.
  • H-2A classification applies to temporary or seasonal agricultural workers;
  • H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);

  • H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children (50);
  • L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;
  • O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;
  • O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;
  • P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized (25,000);
  • P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;
  • P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1); and
  • Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien’s home country.

Written by

T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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