Temporary Business Visas

There are at least six temporary business visas that an organization can apply for depending on the circumstances of the hire. The three most commonly used visas are: the B-1 Temporary Business Visa, the F-1 Optional Practical Training Visa, and the H-1B Skilled Worker Visa.

a) B-1 Temporary Business Visas allow foreign organizations to conduct business activities in the United States to further international trade or commerce. The B-1 visa is only valid for the duration of the business transaction - usually six months. However, this type of visa can be extended for a maximum of one year.

The B Visa holders cannot work in the US for compensation under any circumstances. This visa is only for the furtherance of international trade or commerce. Severe penalties can be applied if wages are paid. B visa holders must maintain ties to their home country. Additionally there must be a detailed plan of activity while in the US.

b) F-1 Optional Practical Training Visas allow an academic student the opportunity to gain practical work experience in the area of their major. A designated school official (DSO) must recommend the training and the student's Form I-20 must be completed and signed by the DSO. The DSO must also complete and forward Form I-538 to the USCIS. The student applying for the visa must also apply to the USCIS for work authorization in the (Form I-765). This is an important document, as an F-1 visa holder is not authorized to work in the U.S. until s/he has obtained a valid Employment Authorization Document.

c) H-1B Skilled Worker Visas are probably the most widely known type of visa. They are employer specific. H-1B classification applies to persons in a specialty occupation that requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (annual limit: 65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (annual limit: 100);

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 (annual limit: 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 (annual limit: 50)

H employers must pay the prevailing wage for the position. Wages can be determined by the Employment Development Department (EDD), employer conducted surveys or through an independent salary survey.

The employee applying for or holding an H-1B Visa may substitute three years of related progressive experience or training to every one year of education that is required for the position. Credentials evaluation by a qualified expert is required to support experience substitution. A foreign degree may be accepted, however, it must be verified that the degree meets U.S. equivalency standards.

An H-1B Visa is valid for three years and can be extended for an additional three years.

Foreign nationals authorized for employment with specific employer based on status. These foreign nationals are not required to obtain an EAD from DHS/USCIS as evidence of work authorization. In general these foreign nationals are beneficiaries of nonimmigrant petitions submitted by specific employers to DHS/USCIS. These nonimmigrant statuses include:

• H-1B, H-2A, H-2B, H-3, I, J-I, L-1A, L-1B, and O-1, O-2, P-1, P-2, Q-1 and R.

The Form I-94, "Arrival/Departure Record", will indicate the classification under which the foreign national has been admitted, and the period of authorized stay, which will determine the period of authorized employment.

Foreign nationals who can obtain employment authorization as students or exchange visitors.

Click here for an overview of all nonimmigrant visas that allow for employment