A Nonimmigrant Visa is a U.S. visa that allows the holder of the visa, who is usually a foreign national, to apply to enter the United States temporarily for a specific purpose. Nonimmigrant Visas are generally classified according to the principal reason or purpose of travel of the foreign national. Except in certain circumstances, a nonimmigrant in the U.S. is restricted with respect to the activity or reason for which their visa was issued. Tourists, students, diplomats and temporary workers are all examples of the type of persons who may receive a Nonimmigrant Visa. Set forth below are the most common employment-based Nonimmigrant Visas available:

Visa Waiver Program

Certain foreign nationals from eligible countries may visit the U.S. without a visa by using the Visa Waiver Program. There are currently 35 countries that participate in the Visa Waiver Program. As of July 1, 2009, these countries are Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, South Korea, Spain, Sweden, Switzerland and the United Kingdom. As of January 12, 2009, all users of the Visa Waiver Program must use the Electronic System for Travel Authorization (ESTA) prior to entering the U.S. Under ESTA, travelers must submit an application electronically on a special website established by the Department of Homeland Security for that purpose.

B-1/B-2 - Tourist/Business Visa

This is the visa that is used for persons who desire to enter the United States temporarily for business (B-1) and/or for pleasure or medical treatment (B-2). For example, if the purpose of the foreign national’s travel to the U.S. is recreational in nature, such as for tourism, amusement, visits with friends or relatives, medical treatment, then a visitor visa (B-2) would be the appropriate type of visa for that person. If the purpose of the foreign national’s travel to the U.S. is to consult with business associates, travel for a scientific, educational, or professional convention, or a conference on specific dates, or negotiate a contract, then a business visa (B-1) would be the appropriate type of visa for that person. The B1/B2 Visa is usually granted for a ten-year period and allows for multiple entries into the U.S. of no more than six months at any one time.

H-1B - Specialty Occupation Visa

This classification is for persons that are in specialty occupations which require the theoretical and practical application of a body of highly specialized knowledge which require completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor. There are only 65,000 H-1B Visas available every year. The H-1B Visa is usually granted for a three-year period, with a total of six years.

L1A - Transferred Employee Visa

This classification is for persons who are coming to the U.S. as intracompany transferees and who, within the three preceding years prior to their entry, have been employed abroad continuously for at least one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity. The L Visa is usually granted for a period of three years (one year if the U.S. company is recently established), with a total of seven years.

E-1/E-2 - Treaty Trader/Investor Visa

The Immigration and Nationality Act (INA) provides a nonimmigrant visa for the national of a country with which the United States maintains a treaty of commerce and navigation and who are coming to the United States to carry on substantial trade principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the foreign national has invested, or is in the process of investing a substantial amount of capital. As of July 1, 2009, the treaty countries are Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Morocco, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.

O-1 - Extraordinary Ability Alien Visa

This classification applies to persons who have shown to have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field. The classification is generally for the small percentage of persons who have risen to the very top of their field of endeavor.

P-1 - Professional Athlete/Entertainer Visa

This classification applies to professional athletes, who play either an individual sport or a team sport and that are internationally recognized. This classification, like the O-1 classification, is generally for the small percentage of persons who have risen to the very top of their field of endeavor.

Filing Procedures for a Nonimmigrant Visa

Except for the B1/B2 Visa and the E1/E2 Visa under certain circumstances, in order to obtain a nonimmigrant Visa under the above classifications the applicant’s prospective employer or agent must file a petition with the U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS). Prospective employers cannot file the petition earlier than 6 months before the proposed employment will begin. When the petition is approved, a Notice of Action, Form I-797, will be issued by USCIS and sent to the employer or the employer’s agent or attorney. However, the approval of a petition does not guarantee visa issuance at the U.S. Embassy if an applicant is found to be ineligible under other provisions of the INA.

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