Professionals 

Intracompany Transferee 

The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States. 

  • The L-1A nonimmigrant visa enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. 
  • This L-1A nonimmigrant visa also enables a foreign company to send an executive or manager to the United States for the purpose of establishing an affiliate office. 

The L-1B visa is for intracompany transferees who work in positions requiring specialized knowledge. 

  • The L-1B nonimmigrant visa enables a U.S. employer to transfer a professional employee with specialized knowledge from one of its affiliated foreign offices to one of its offices in the United States. 
  • The L-1B nonimmigrant visa also enables a foreign company to send a specialized knowledge employee to the United States to establish an office in the Unites States to establish as affiliate office. 

TN Visa Professionals from Canada and Mexico

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The USMCA replaces the North American Free Trade Agreement (NAFTA) which expired June 30, 2020. The TN nonimmigrant visa permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. An individual may be eligible for TN nonimmigrant status, if:

  • They are a citizen of Canada or Mexico
  • The profession is one of the enumerated professions 
  • Employment is prearranged full-time or part-time job with a U.S. employer

Mexican citizens are required to obtain a visa to enter the United States as a TN nonimmigrant and apply for a TN visa directly at the U.S. embassy or consulate in Mexico.

Canadian citizens may establish eligibility for TN classification at by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

Family and Dependents 

Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status. Spouse and dependent children are:

  • Not permitted to work while in the United States but are permitted to study.

Entrepreneurs and Investors

  • The Treaty Trader E-1 is a non-immigrant visa issued to the foreign nationals of certain treaty countries. The nationals of certain countries may enter and work in the United States, provided certain conditions are met. The applicant must be an essential employee (supervisory or executive level) or must possess specialized skills essential to operations.
  • The Treaty Investor E-2 is a non-immigrant visa foreign nationals of certain treaty countries for the purpose of developing and managing a business enterprise. The applicant must direct or develop the company (investor), or the applicant must be seen as an essential employee (highly specialized, executive or specialized capacity). 
  • Treaty trader, investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. 

(State Department Treaty Country List) 

E-3 Specialty Occupation Workers from Australia 

  • The E-3 non-immigrant visa applies to nationals of Australia. The specialty occupation requires the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent. 
  • An E-3 nonimmigrant worker’s spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification.  A spouse is entitled to apply for work authorization. 

EB-5 Investors

EB-5 Immigrant investor program applicants are required to make either a $900,000 or $1,800,000 capital investment amount into a U.S. commercial enterprise. The EB-5 investment can take the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value.

  • $1,800,000 capital investment, or $900,000 in a Targeted Employments Area (TEA)
  • The investment must be made in a for-profit U.S. commercial entity
  • The investment must create 10 full-time U.S. jobs for two years

If the investment is made through a regional center, indirect jobs created by the businesses that supply goods or services to the EB-5 project, or jobs created within the greater community as a result of income being spent by EB-5 project employees (induced jobs), may satisfy the job creation requirement 

 

Talent and Management Agencies

Individuals of Extraordinary Ability

The O-1 non-immigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

  • O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics
  • O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
  • O-2: individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance

Family of O-1 and O-2 Visa Holders

Any accompanying or following to join spouse and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, subject to the same period of admission and limitations as the O-1/O-2 nonimmigrant. They are eligible for full or part time study on an O-3 visa, nut may not work. 

Fashion Models

The H-1B3 non-immigrant visa is issued to fashion models that are internationally or nationally recognized. 

  • To be eligible for this visa category the fashion model must be of distinguished merit and ability

Athletes

The P-1A classification applies to you if you are coming temporarily to the United States for the purpose of performing at a specific athletic competition. 

  • An individual athlete at an internationally recognized level of performance
  • Part of a group or team at an internationally recognized level of performance
  • A professional athlete; or
  • An amateur athlete or coach, who is part of a team or franchise that is in the United States and a member of a foreign league or association that meets certain additional criteria 

Family of P-1A Nonimmigrants

Your spouse and unmarried children under the age of 21 may obtain P-4 non-immigrant status. P-4 status does not authorize them to work in the United States, but they may attend school or college. 

Essential Support Personnel

Essential support personnel are eligible for P-1S classification if they are an integral part of the performance of a P-1A nonimmigrant and perform support services that cannot be readily performed by a U.S. worker. Support personnel may include coaches, scouts, trainers, broadcasters, referees, linesmen, umpires, and interpreters.

Member of an Internationally Recognized Entertainment Group

The P-1B non-immigrant visa is for individuals coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time.

Family of P-1B Visa Holders

The spouse and unmarried children under the age of 21 may obtain P-4 status. They are not eligible for employment but may attend school or college.

Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P-2 non-immigrant visa is for individuals coming to the United States temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization or organizations in the United States and an organization or organizations in one or more foreign countries.

Family of P-2 Visa Holders

The spouse and unmarried children under the age of 21 may obtain P-4 status. They are not eligible for employment but may attend school or college.

Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 nonimmigrant visa is for individuals coming to the United States temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Family of P-3 Visa Holders

The spouse and unmarried children under the age of 21 may obtain P-4 status. They are not eligible for employment but may attend school or college.

News Media and Reporters

The I non-immigrant visa is for representatives of foreign media. This category includes reporters, film crews, editors, and individuals of similar occupations.

  • Represent a foreign information media outlet (press, radio, film, or other foreign information media)
  • Are coming to the United States to engage solely in this profession
  • Have a home office in a foreign country

Any accompanying or following-to-join spouse and children under the age of 21 may be eligible to apply for an I nonimmigrant visa. While not eligible to work with an I nonimmigrant visa, they may study in the United States without applying for an F-1 nonimmigrant student visa.

Universities, Hospitals, Research Institutes

Nonimmigrant Trainee or Special Education Exchange Visitor

The H-3 non-immigrant visa is for individuals coming temporarily to the United States as either a:

  • Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country
  • Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities

Family of H-3 Visa Holders

Trainees’ spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.

Student and Exchange Visitors

The J-1 non-immigrant visa is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. 

J-1 non-immigrants are sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science. Examples of exchange visitors include, but are not limited to: 

  • Examples of exchange visitors include, but are not limited to:
  • Professors or scholars
  • Research assistants
  • Students
  • Trainees
  • Teachers
  • Specialists
  • Au Pairs
  • Camp counselors

Family of J-1 Visa Holders

Spouses and children who are under the age of 21 may accompany them to the United States as J-2 non-immigrants and may apple for employment authorization. 

Academic Student

The F-1 Visa allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

Vocational Student

The M-1 visa category includes students in vocational or other nonacademic programs, other than language training. M-1 students may engage in practical training only after they have completed their studies.

Employment Authorization

F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

  • Curricular Practical Training (CPT)
  • Optional Practical Training (OPT) (pre-completion or post-completion)
  • Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
  • Severe economic hardship 

For both F-1 and M-1 students any off-campus training employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Employment-Based Permanent Residence

An EB-1 employment-based, first-preference visa is available for individuals who fall within one of the following categories:

  • An individual of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim
  • Outstanding professor or researcher
  • Multinational executive or manager

An EB-2 employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

  • An advanced degree and or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field)
  • Exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” National Interest Waiver
  • Individuals that are seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Individuals seeking a national interest waiver may self-petition and do need an employer to sponsor them. 

An EB-3 employment-based, third preference visa is for individuals are skilled workers, professionals, or other workers.

  • Skilled workers must be able to demonstrate at least 2 years of job experience, education, or training that meets the job requirements
  • Professionals that have a U.S. baccalaureate or foreign equivalent degree, and must be performing work for which qualified workers are not available in the United States
  • Unskilled Workers (Other Workers) demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), and must be performing work for which qualified workers are not available in the United States