Nonimmigrant Employment Visas*

There are many types of visas that allow people to come to the United States to work.  Some of the most common are:

(1) H1B visa - temporary wokers (up to 6 years);
(2) H2A & H2B visas - temporary or seasonal workers (up to 3 years)
(3) L visa - managers, executives or people with specialized skills transfering 
     temporarily to a US job site;
(4) O visa - person of extraordinary ability in his or her field;
(5) P visa - athletes and group entertainers;
(6) E visa - treaty traders or inverstors;
(7) Q visa - cultural exchange visitors;
(8) R visa - religious workers

More information will be coming soon.  If you have any questions, please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com.

H1B Visas

An H1B visa allows you to work temporarily (up to 6 years) in the United States for the employer who sponsors you. You may not work for a different employer without permission from the Immigration Service.

To obtain an H1B visa, you must have a bachelor’s or higher degree or the equivalent of a bacherlor’s or higher degree.  In addition, the job must be the type that requires a bachelor’s degree or higher or the equivalent of a bachelor’s degree or higher. There are many types of jobs that qualify for an H1B visa. Some examples of jobs that may qualify are: accountant, computer programmer, electronics specialist, hotel management, journalist, librarian, medical technologist, pharmacist, and social worker.

Please note that in Fiscal Year 2004 (beginning October 1, 2003) the US government has made available only 65,000 H1B visas. During Fiscal Years 2001, 2002, and 2003, there were 195,000 H1B visas available each year. 

The H1B cap was reached on February 17, 2004. Accordingly, no new H1B visas may be issued in the current fiscal year (ending September 30, 2004).  There are exceptions to the cap. for example, if you will work for the Department of Defense, for a non-profit research corporation, or at a college or university, you may be able to get an H1B visa even though the cap was reached.  This cap does not affect your ability to renew an existing H1B visa, to change employers if you already have an H1B visa, or to change from a J visa to an H1B visa. In addition, you may apply for an H1B visa for the new fiscal year (starting October 1, 2004) beginning April 1, 2004.

People with H1B visas may bring their family member to the United States.  They may also be sponsored for a Green Card by their employer while they are in the United States on the H1B visa.

P Visas

Athletes and performers, or groups of atheles and performers, may qualify for a P visa.  In order to get a P visa, such athletes and performers must be “internationally recognized.” This means that athletes coming to the United States (individually or as part of a team) on a P visa must perform at an “internatioanlly recognized level of performance.” 

To qualify for a P visa, a group of entertainers must have been recognized internationally as outstanding in their discipline for a sustained and substantial period of time. In general, performers must show that they have been with their group for at least one year to get a P visa. Individual entertainers coming without a group to the United States usually enter on an O visa, not a P visa.

P visas are also available for performers and athletes involved in a cultural exhange between their home country and the United States, and for people who are involved in “culturally unique” programs.

* The information on this website is not legal advice, nor is it intended to be legal advice.  You should consult an attorney for specific advice concerning your own situation.

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