U.S. Work Visas

H Visas

H-1B visas are one of the most commonly used work visas for professionals. It allows employers to hire foreign nationals in “specialty occupations,” which are positions that require the minimum of a bachelor’s degree or equivalent in specified fields of study. Some examples include accountants, architects, researchers, physicians, physical therapists, chemists, engineers, marketing specialists, financial analysts, software developers, and teachers. The H-1B visa requires sponsorship by a U.S. employer for a full- or part-time position and allows individuals to work for that specific employer for an initial three period, with an extension of another three years, for a total of six years.

There are two exceptions that allow an employer to file for H-1B extensions beyond the six year maximum, and they are both tied to initiating a green card process for the employee in question and reaching a certain point in that process.

First exception: if the first stage of the green card process (typically PERM labor certification but can also be an I-140 immigrant petition in certain cases) is filed at least 365 days before the 6-year limit is reached, employers can file for H-1B extensions in one- year increments until a final decision is issued in the green card application process.

Second exception: if an I-140 immigrant petition is filed and approved by USCIS before the six year limit is reached, and there are no currently available green card numbers for the employee’s employment-based (EB) category, employers can file for H-1B extensions in three-year increments until a green card number becomes available.

It’s important to know that the U.S. government limits the total amount of new H-1B visas to 65,000 per fiscal year (October 1 to September 30), with an additional 20,000 available for foreign nationals who have earned a U.S. advanced degree. This is known as the H-1B cap. It’s also important to know that registration for H-1B visas is only during a designated period in March, so we’re very proactive with meeting deadlines.

Certain employers are H-1B cap-exempt, meaning they are not subject to the 65,000/20,000 limit and can file H-1B petitions for individuals on any day of the year. Cap-exempt organizations generally include qualifying nonprofit higher education institutions, nonprofit organizations affiliated with or related to higher education institutions, nonprofit research organizations, nonprofit government organizations, and certain for-profit entities where the H-1B workers will spend all or most of their time working at a qualifying cap-exempt institution and perform duties and activities that advance the purpose or mission of the qualifying institution.

H-2 visas are for seasonal or temporary workers. H-2As are for agricultural workers, and H-2Bs apply to all other essential, temporary workers. The H-2B visa category is capped at 66,000 visas per year with 33,000 available from April 1-September 30 and 33,000 available from October 1-March 31. H-2B visas are only available for positions where employers can prove there is only a temporary need for the job. Please note that ImLaw does not handle H-2A visa cases.

H-3 visas allow employers to bring foreign nationals to the U.S. to participate in a formal training program. Employers must prove the training is not available in their home country and will enhance the foreign national’s career opportunities abroad.

E-3 Visas

The E-3 is a work visa reserved for Australian citizens. There are 10,500 E-3 visas available each year. To qualify, the offered position must be in a specialty occupation, meaning a job that requires a bachelor’s degree or equivalent in a specific field or fields of study. Qualified Australians can apply for an E-3 visa at a U.S. consulate abroad or, if in the U.S., with USCIS.

L Visas

If your organization has an employee outside the U.S. that you want to transfer to the U.S. for an executive- or management-level role, or who is specialized, they’ll need an L-1A or L-1B visa respectively.

There is also a streamlined L-1 process for multinational companies known as the Blanket L. To be eligible, the U.S. petitioning company must meet certain requirements, which we outline in our blog post on the Benefits of the L-1 Visa and go into detail in Requirements of the L-1 Visa.

O Visas

O visas are for individuals with extraordinary abilities in science, art, education, business, sports, TV, or film. The O-1 visa is reserved for those individuals who have risen to the very top of their field, and possess sustained national or international acclaim. O-2 visas are for qualified support personnel accompanying the O-1 person of extraordinary ability, and O-3 visas are reserved for dependent family members (spouse and children under 21).

P Visas

P visas are for athletes, performers, and artists, and typically granted for those coming to the U.S. for a performance or an event, and those who accompany them.

R Visas

R-1 visas allow foreign nationals to work for a non-profit religious organization in the U.S. in either a religious vocation or religious occupation. The R-1 requires the foreign national to possess two years of membership in the same religious denomination as the R-1 sponsor.

TN Visa

The TN visa (sometimes referred to as TN NAFTA) allows qualifying Canadian and Mexican citizens to work for a U.S. employer up to three years at a time, and can be renewed indefinitely in many cases. The TN falls under the North American Free Trade Agreement (NAFTA), now known as the U.S. Mexico-Canada Agreement (USMCA). The TN visa is limited to the approximately 65 listed occupations under the USMCA.