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Work Visas - Nonimmigrant Temporary Employment Visas
Overview of Nonimmigrant Visas
A citizen of a foreign country applying for entry into the United States generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa is defined by immigration law, and relates to the purpose of the travel.
Nonimmigrant visas are for international travelers, (citizens of other countries), coming to the U.S. temporarily. International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work.
A nonimmigrant visa allows you to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not guarantee entry into the United States.
A nonimmigrant visa is appropriate for foreign nationals who plan to remain in the U.S.:
- For a temporary, specific, limited period; and,
- Can show evidence of funds to cover expenses in the United States; and,
- Can show evidence of compelling social and economic ties abroad; and,
- Can show other binding ties which will insure their return abroad at the end of the visit.
Only some nonimmigrant visa categories provide for employment. The nonimmigrant visa categories that allow for employment are discussed in this section of the website by specific nonimmigrant visa category.
The table below lists the most common types of nonimmigrant visas.
| Nonimmigrant Visas | |
| Nonimmigrant Classifications and Visas | |
| Visitors | |
| B-1 | Temporary visitor for business |
| B-2 | Temporary visitor for pleasure |
| Visa Waiver Program | |
| Treaty Traders and Treaty Investors | |
| E-1 | Treaty Trader, spouse and children |
| E-2 | Treaty Investor, spouse and children |
| Academic Students | |
| F-1 | Academic Student |
| F-2 | Spouse or child of F-1 |
| For Foreign Medical Graduates (see individual categories H-1B, J-1, O-1, TN, E-2) | |
| Temporary Workers | |
| H-1B | Specialty Occupations, DOD workers, fashion models |
| H-1C | Nurses going to work for up to three years in health professional shortage areas |
| H-2A | Temporary Agricultural Worker |
| H-2B | Temporary worker: skilled and unskilled |
| H-3 | Trainee |
| H-4 | Spouse or child of H-1, H-2, H-3 |
| Exchange Visitors | |
| J-1 | Visas for exchange visitors |
| J-2 | Spouse or child of J-1 |
| Fiance(e) (and Spouse) of US Citizen | |
| K-1 | Fiance(e) |
| K-2 | Minor child of K-1 |
| K-3 | Spouse of a U.S. Citizen (LIFE Act) |
| K-4 | Child of K-3 (LIFE Act) |
| Intracompany Transferee | |
| L-1A | Executive, managerial |
| L-1B | Specialized knowledge |
| L-2 | Spouse or child of L-1 |
| Vocational and Language Students | |
| M-1 | Vocational student or other nonacademic student |
| M-2 | Spouse or child of M-1 |
| NAFTA | North American Free Trade Agreement (NAFTA) (see TN, below) |
| Workers with Extraordinary Abilities | |
| O-1 | Extraordinary ability in Sciences, Arts, Education, Business, or Athletics |
| O-2 | Alien's (support) accompanying O-1 |
| O-3 | Spouse or child of O-1 or O-2 |
| Athletes and Entertainers | |
| P-1 | Individual or team athletes |
| P-1 | Entertainment groups |
| P-2 | Artists and entertainers in reciprocal Exchange programs |
| P-3 | Artists and entertainers in culturally unique programs |
| P-4 | Spouse or child of P-1, 2, or 3 |
| International Cultural Exchange Visitors | |
| Q-1 | International cultural exchange visitors |
| Q-2 | Irish Peace Process Cultural and Training Program (Walsh Visas) |
| Q-3 | Spouse or child of Q-2 |
| Religious Workers | |
| R-1 | Religious workers |
| R-2 | Spouse or child of R-1 |
| North American Free Trade Agreement (NAFTA) | |
| TN | Trade visas for Canadians and Mexicans |
| TD | Spouse or child accompanying TN- |
Nonimmigrant Visa Categories Indicating Employment Eligibility and Period and Extensions of Stay
| Class | Class & Description | Initial Stay/Extension of Stay | Employment Eligibility |
| B-1 | Temporary Visitor for Business | Initial stay is usually 6 months, maximum is 12 months. B visa may be extended in DHS discretion. VWP entry is limited to 3 months. | Not eligible for employment |
| B-2 | Temporary Visitor for Pleasure | Not eligible for employment | |
| E-1 | Treaty Trader and employees, spouse, and children. | Initial: Two (2) years EOS: Up to 2 years per extension. No maximum number of extensions, with some exceptions. |
Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment. |
| E-2 | Treaty Investor and employees, spouse, and children | Initial: Two (2) years EOS: Up to 2 years per extension. No maximum number of extensions, with some exceptions. |
Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment. |
| E-3 | Treaty Professional Visa for Australian Nationals | Same as validity of labor certification, not to exceed 2 years. EOS: yes | Employer-specific; requires a job offer in a specialty occupation. Spouse may apply for EAD with any employer. |
| F-1 | Academic Student (except Border Commuters from Canada or Mexico, see below) |
D/S - Duration of Stay *must remain a student in good standing or in an authorized period of OPT |
Eligible for on campus employment and curricular practical training incident to status (no separate EAD necessary). Must apply for employment authorization for optional practical training or to work off-campus. |
| F-2 | Spouse or child of F-1 | Same as principal | Not eligible for employment |
| H-1B | Alien in Specialty Occupation (profession) | Initial: Same as validity of labor certification, not to exceed 3 years. EOS: Increment of up to 3 years. Total stay limited to 6 years. |
Employer-specific |
| H-1C | Registered Nurse serving in underserved area | Initial: Same as validity of labor certification, not to exceed 3 years. EOS: No extension. |
Employer-specific |
| H-2A | Temporary worker performing Agricultural Services unavailable in the United States | Initial Stay: Same as validity of labor certification, with maximum of 1 year. EOS: Same as validity of labor certification (increments of up to 1 year). Total stay limited to 3 years. |
Employer-specific |
| H-4 | H visa spouse or dependent | Same as principal | Not eligible for employment |
| L-1A | Intracompany transferee - Executive or Manager | Initial: Coming to existing office-up to 3 years. Coming to new office-up to 1 year. EOS: Increments of up to 2 years. Total stay limited to 7 years. |
Employer-specific |
| L-1B | Intracompany transferee - Specialized knowledge employee | Initial: Coming to existing office-up to 3 years. Coming to new office-up to 1 year. EOS: Increments of up to 2 years. Total stay limited to 7 years. One increment of up to 2 years. Total stay limited to 5 years. |
Employer- specific |
| O-1, O-2 | Extraordinary Ability | Initial: Up to 3 years EOS: Increments of up to 1 year. |
Employer-specific; may work for more than one employer, providing employer filed an O Visa petition |
| P-1, P-2, P-3 | Athletes and Entertainers | Initial: Individual athlete-up to 5 years. Athletic groups and Entertainment groups-up to 1 year. EOS: Individual athlete-Increments of up to 5 years. Total stay limited to 10 years. Athletic groups and entertainment groups-Increments of 1 year. |
Employer-specific; may work for more than one employer, providing employer filed an O Visa petition |
| TN | NAFTA-Canadian or Mexican Professional Worker | Up to one year initial stay. EOS in 1-year increments | Employer-specific |
| TD | TN spouse or dependent | Same as principal | Not eligible for employment |
Nonimmigrant Visa Types and Required Pre-Approval Before Applying at a U.S. Consulate
| Purpose of Travel to U.S. and Nonimmigrant Visas | Visa Type | Required: Before Applying for Visa* |
| Athletes, amateur & professional (compete for prize money only) | B-1 | (NA) |
| Au pairs (exchange visitor) | J | SEVIS |
| Australian professional specialty | E-3 | DOL |
| Border Crossing Card: Mexico | BCC | (NA) |
| Business visitors | B-1 | (NA) |
| Domestic employees or nanny -must be accompanying a foreign national employer | B-1 | (NA) |
| Exchange visitors | J | SEVIS |
| Foreign nationals with extraordinary ability in Sciences, Arts, Education, Business or Athletics | O | USCIS |
| International cultural exchange visitors | Q | USCIS |
| Intra-company transferees | L | USCIS |
| Medical treatment, visitors for | B-2 | (NA) |
| NAFTA professional workers: Mexico, Canada | TN/TD | (NA) |
| Nurses coming to health professional shortage areas | H1-C | USCIS |
| Performing athletes, artists, entertainers | P | USCIS |
| Physician | J, H-1B | SEVIS |
| Professor, scholar, teacher (exchange visitor) | J | SEVIS |
| Religious workers | R | (NA) |
| Specialty occupations in fields requiring highly specialized knowledge | H-1B | DOL then USCIS |
| Students: academic, vocational | F, M | SEVIS |
| Temporary agricultural workers | H-2A | DOL then USCIS |
| Temporary workers performing other services or labor of a temporary or seasonal nature. | H-2B | DOL then USCIS |
| Tourism, vacation, pleasure visitors | B2 | (NA) |
| Training in a program not primarily for employment | H-3 | USCIS |
| Treaty traders/treaty investors | E | (NA) |
Before applying for a visa at a U.S. Embassy abroad the following is required:
DOL = The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
USCIS = DHS, United States Citizenship and Immigration Services (USCIS) must approve a petition, filed by the U.S. employer (or U.S. citizen, for fiancé petitions)
SEVIS = Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
(NA) = Not Applicable - Means that additional approval by other government agencies is not required prior to applying for a visa at the U.S. Embassy abroad.
Note: Canadian NAFTA Professional workers- Visa not required, apply to CBP at border port-of-entry.
