Nonimmigrant Visas

Many different types of nonimmigrant visas permit foreigners to visit the United States and to live or work in this country on a temporary basis. Each nonimmigrant visa category has its own special requirements and strict limitations on the scope of permissible activities. We regularly advise corporate clients and individuals on the visa options that are available for their particular situation. Frequently used nonimmigrant visa categories include the following:

Visitors for Business or Pleasure (B-1/B-2). Foreign persons can enter the United States for business or pleasure for one to six months under a B-1 business visa or a B-2 tourist visa. We help U.S. and foreign employers prepare the necessary documents to qualify foreign business travelers for issuance of multiple entry B-1/B-2 visas and to ensure their admission for more than 30 days if needed to complete their business. B-1/B-2 visitors generally cannot engage in local employment in the United States and cannot receive any compensation from U.S. sources except reimbursement of expenses. However, there are exceptions (e.g., persons performing installation and after-sales service for foreign-made products, and trainees and professional workers whose salaries will continue to be paid by their foreign employer).

Visitors Under Visa Waiver Program (WB/WT). Business visitors and tourists who are citizens of certain countries can enter the United States for up to 90 days without a B-1/B-2 visa under the "Visa Waiver Program." Persons who enter under the Visa Waiver Program cannot change to another visa status while they are here, and they cannot apply for an extension of stay beyond 90 days. We help employers and business travelers prepare supporting letters and other documents to facilitate entry under the Visa Waiver Program.

TN Professionals from Canada. DWT's Immigration Practice Group assists U.S. employers with hiring Canadian and Mexican professionals using the TN visa category under North American Free Trade Agreement (NAFTA). TN visas are issued for up to one year at a time, and they can be renewed annually. To qualify, the Canadian or Mexican worker must be coming to the United States to engage in a professional occupation included on the annex to NAFTA, such as accountant, architect, computer systems analyst, engineer, graphic designer, management consultant, scientific technician, teacher, and a wide variety of professional positions in the medical and scientific fields. Most occupations require either a bachelor's degree or a combination of a two-year degree followed by three years experience in the field.

H-1B Specialty Occupation. One of the most frequently used nonimmigrant visas for temporary employment of foreign workers is the H-1B visa for "specialty occupations." To qualify, the occupation must be one that normally requires a bachelor's degree in a particular field, the foreign worker must have such a degree (or equivalent education, training and experience), and the employer must pay the H-1B worker the "prevailing wage" paid to U.S. workers doing similar work in the same geographic area. An approved petition is valid for up to three years and can be extended for another three years (maximum period of stay is six years, subject to certain exceptions). We regularly advise employers and individuals concerning the requirements for H-1B petitions, including: "H-1B portability" for individuals already in H-1B status who are changing employers; online filing of the "Labor Condition Application" with the U.S. Department of Labor; posting the notice of hiring of the H-1B worker at the place of employment; maintaining a "Public Access File" for each H-1B worker; and immigration rules relating to benching and termination of H-1B workers.

L-1 Intracompany Transferee. International companies with overseas affiliates can transfer managers, executives and employees with "specialized knowledge" to work in the United States for up to three years, with the option of extending in two-year increments (the maximum period of stay is seven years for managers and executives and five years for persons with specialized knowledge). To qualify, the individual must have been employed abroad by an affiliate of the U.S. employer for at least one out of the last three years. International companies that have annual sales of over $25 million or more than 1,000 employees can apply for a "blanket L petition," which saves significant time and expense in transferring personnel from overseas.

E-1/E-2 Treaty Trader/Treaty Investor. This is another option for managers, executives and persons with special skills who are being transferred to work for a U.S. branch or subsidiary of a foreign corporation. The U.S. entity must be more than 50 percent owned by nationals of certain countries with which the United States has a treaty on international trade and investment, and the foreign worker must have the same nationality as the owners of the company. The U.S. entity must show that it is engaged primarily in trade with the treaty country (E-1) or that nationals of the treaty country have made a substantial investment in the United States (E-2). The E visa is valid for five years and it can be extended for another five years. Our Immigration Practice Group has many years of experience helping international companies obtain E visas.

H-2B Skilled Workers in Short Supply. We have many years of experience obtaining H-2B visas for seasonal workers in various industries, such as the Alaska seafood processing industry. The U.S. employer must demonstrate that the job is temporary (seasonal, intermittent, peak load or one-time need) and that there is a shortage of U.S. workers with the needed skills (as evidenced by a labor certification issued by the U.S. Department of Labor). The application process involves advertising the job in the local newspaper and it takes about four months to obtain Department of Labor and Immigration Service approvals.

P-1 and P-3 Internationally Recognized Athletes and Entertainers. We have obtained P-1 visas for internationally recognized athletes and their supporting personnel (e.g., tennis star, soccer player and America's Cup sailing team). We have also obtained P-1 and P-3 visas for performing artists who are internationally recognized or who qualify as being culturally unique (e.g., performers for the opera, symphony, music festivals, circus and theater).

O-1 Alien of Extraordinary Ability. O-1 visas are for aliens who are among the small percentage who have risen to the very top of the field in science, education, business or athletics, as well as for persons who are "prominent" in the arts (i.e., who have "a degree of skill and recognition above that ordinarily encountered"). We have obtained O-1 visas for physicians, performing artists, and senior executives of U.S. companies with worldwide operations. We have also obtained O-2 visas for essential supporting personnel who have critical skills and experience with the O-1 alien (not of a general nature and not possessed by U.S. workers).

Other Nonimmigrant Visa Categories for Foreign Workers. We regularly assist clients on issues relating to other nonimmigrant visas for temporary employment in the United States, such as J-1 visas for foreign scholars and researchers working at American universities and research institutes; H-3 visas for foreign trainees coming to the United States to receive training that is not available in their home country (and that does not involve productive labor, except as necessary and incidental to the training); and F-1 visas for students who may engage in one year of "optional practical training" after graduating from an American college or university.

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