Visa Category

Eligibility

Duration

Considerations

B-1

Business Visitor

Short term business project in U.S.

Initial period:

Up to 6 months

Maximum stay:

1 year

No productive employment

No U.S. payroll

Nonimmigrant intent only

E-1

Treaty Trader

National of treaty country

Nationals of treaty country own at least 50% of U.S. entity

Substantial trade between U.S. and treaty country

Initial period:

2 years

No maximum

Nonimmigrant intent only

Dependents can obtain work authorization

E-2

Treaty Investor

National of treaty country

Nationals of treaty country own at least 50% of U.S. entity

Substantial, active investment in U.S. entity

Initial period:

2 years

No maximum

Nonimmigrant intent only

Dependents can obtain work authorization

E-3

Specialty Occupation (Citizens of Australia)

Citizen of Australia

U.S. employment in a “specialty occupation”

Bachelors degree or higher in specialty field

Initial period:

2 years

No maximum

Nonimmigrant intent only

Annual Quota of 10,500 visas

Dependents can obtain work authorization

F-1

Student –

Optional Practical Training

Enrolled in full-time academic program for at least one academic year

Optional Practical Training in field of study

Maximum 12 month period of Optional Practical Training

Nonimmigrant intent only

Dependents cannot obtain work authorization

H-1B

Specialty Occupation

U.S. employment in “specialty occupation”

Bachelors degree or higher in specialty field

Initial period:

3 years

Maximum stay:

6 years

Additional extensions are available in limited circumstances

Immigrant intent permissible

Annual quota of 65,000 visas for individuals with Bachelor's degrees

Additional 20,000 visas for individuals with Master's degrees

Dependents cannot obtain work authorization

H-1B1

Specialty Occupation (Citizens of Chile or Singapore)

Citizen of Chile or Singapore

U.S employment in “specialty occupation”

Bachelors degree or higher in specialty field

Initial period:

1 year

Maximum stay:

6 years

Nonimmigrant intent only

Annual Quota of 6,800 visas (Note: These visas are subtracted from the H-1B Quota of 65,000)

Dependents cannot obtain work authorization

H-3

Trainee

Participation in established company training program for placement abroad

Training is unavailable outside of U.S.

Initial period:

2 years

No extensions permitted

Nonimmigrant intent only

No productive employment

Dependents cannot obtain work authorization

J-1

Exchange Visitor Trainee

Participation in U.S. training program, intended to impart skills to advance career abroad.

Training is unavailable outside of U.S.

Depends on duration of program

Generally 12 or 18 months

Nonimmigrant intent only

May be subject to 2-year “home residence” requirement

Dependents may obtain work authorization in limited circumstances

L-1

Intracompany Transferee

Qualifying relationship between U.S. and foreign employer

Employee worked for foreign entity for at least one year

Employee’s position with U.S. and foreign entity is in executive, managerial, or specialized knowledge capacity

Initial period:

3 years

Maximum stay: 7 years

(if executive or managerial)

5 years

(if specialized knowledge)

Immigrant intent permissible

Dependents can obtain work authorization

Some corporations may be eligible for the Blanket L program, which allows for streamlined processing of L visas for employees

O-1

Extraordinary Ability

Employee has sustained acclaim in science, arts, business or athletics

Initial period:

3 years

Unlimited 1-year extensions

Limited Dual Intent

Dependents cannot obtain work authorization

P-1, P-2, P-3

Athletes, Artists and Performers

P1: Athlete or entertainer of international acclaim or recognition performing at an event in the U.S.

P2: Artist or entertainer coming to the U.S. as part of an exchange program

P3: Individual seeking to perform, teach, or coach arts or entertainment that is culturally unique

P-1 Athletes:

Initial period:

5 years,

extend up to 10 years

All other P visas:

Initial Period:

1 year

Unlimited 1-year extensions

Nonimmigrant intent only

Dependents cannot obtain work authorization

TN

Treaty NAFTA

Citizen of Canada or Mexico

Employee’s proposed occupation specified in NAFTA

Initial period:

3 years

3-year extensions

No maximum

Nonimmigrant intent only

Dependents cannot obtain work authorization