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Work Visas
This page describes different temporary work visas, not permanent
ones. For permanent (i.e., green card) visa opportunities for
employment, please see information on
employment-based green cards.
For more information about specific types of temporary work
visas, please see more detailed information on our pages for the
following work visas:
U.S. immigration law contains many categories of
work visas, covering everything from ship crewmen to ballerinas.
Some categories are only for very specific workers (e.g., R visas
are only for religious workers). Other categories are for a broad
range of workers (e.g., H-1B visas are for anyone who qualifies as a
"specialist worker," which can include accountants to
zoologists).
This chart compares the qualifications, the application process,
the job duties, the length of stay, and whether extensions of stay
are allowed for a variety of the most common (and some of the
uncommon) work visa categories.
|
|
| Visa |
Do
I qualify? |
Where
to apply? |
What
can I do? |
How
long can I stay? |
Can
I extend my status? |
|
H-1B |
Need
bachelor's degree or equivalent in a specialized field occupation, etc. (For details of the H-1B category,
please see the Peng & Weber H-1B visa
page.) |
Employer
files petition at USCIS. Upon approval, beneficiary
applies for visa at consulate if outside of the United States. |
Job must be a
"specialty occupation," requiring at least a bachelor's degree
or equivalent in specialized field. |
Usually 3 year term. |
Yes,
normally up to a total of 6 years (with some exceptions). |
|
J-1 |
*
Technically not a work visa, but sometimes looks like one.
(See Peng & Weber J-1 visa
page for details.) |
Authorized
entity (typically university) issues form DS-2019 (formerly
IAP-66). Applicant applies for visa at consulate. |
Teach,
conduct research, etc. |
Usually
3 year term. |
Yes,
typically for only 6 months. Sometimes longer (but very rare).
Usually need to switch to a different visa to stay longer. |
|
L-1 |
Need to
be executive or manager (or possess "specialized
knowledge." Must be coming to the United States to
work for U.S. parent, subsidiary, or affiliate of
overseas company. (See
Peng & Weber L-1 visa
page for details.) |
Employer
files petition at USCIS. Upon approval, beneficiary usually
applies for visa at consulate. |
Must
work in an executive, managerial, or "specialized
knowledge" position. |
Up to 3
years for existing U.S. office; up to 1 year for "new
office" in the United States. |
Yes, usually
in 2 year increments up to 5 years (L‑ 1B) or up to 7 years
(L‑1A). |
|
TN |
Need to
be Canadian or Mexican, and meet requirements specified in
NAFTA treaty. See
list of TN occupations & requirements.
(See Peng & Weber
TN visa
page for details.) |
Canadians may apply at
the border or port;
Mexicans must file Labor Condition Application and
petition with USCIS. |
Must be working in
profession listed in NAFTA treaty. See
list of TN occupations &
requirements. |
One year. |
Yes, can extend in
increments of 1 year terms. No statutory limit but must
intend to leave the United States. |
|
O-1 |
Must
possess "extraordinary ability" in your field.
(See Peng & Weber
O-1 visa
page for details.) |
Employer
(or agent) files petition at USCIS. Upon approval, beneficiary
usually applies for visa at consulate. |
May perform activities related to the field in which
alien possesses
"extraordinary ability." |
Up to 3
years. |
Yes, can
extend in increments of up to 1 year. Technically, there is no
total time limit, but most people eventually apply for a green
card if they want to stay here a long time. |
|
0-2 |
Support
staff for O-1. (See
Peng & Weber O-1 visa
page for details.) |
Same as
O-1. |
Assist O-1 visa holder
in performance. |
Same as
O-1. |
Yes; same as
O‑1. |
|
|
| Visa |
Do
I qualify? |
Where
to apply? |
What
can I do? |
How long can I
stay? |
Can
I extend my status? |
|
P-1, P-2, or P-3 |
Must be:
1) athlete competing in international competition; 2) member of internationally
recognized foreign entertainment group;
3) artist performing under a reciprocal
exchange program;
4) culturally unique artist, teacher or coach; or
5) skilled
aliens supporting the outstanding athlete or
artist. |
Employer
files petition at USCIS. Upon approval, beneficiary usually
applies for visa at consulate. |
Must
perform in the manner set forth in the approved petition
(i.e., in sports competition, exchange program, cultural
program, etc.) |
Individual
athlete-up to 5 years.
Athletic groups and Entertainment groups-up to 1 year. |
Individual
athlete: Increments of up to 5 years; total stay limited to 10
years.
Athletic groups and entertainment groups: Increments of 1 year. |
| Q-1 |
Must be
participant in an USCIS-approved international cultural
exchange program for the purpose of providing practical
training, employment, and and sharing the history, culture,
and traditions of the participant's home country. |
Employer
files petition at USCIS. Upon approval, beneficiary usually
applies for visa at consulate. |
Must
perform in the manner set forth in the approved petition
(i.e., exchange program activities).
See the
USCIS Employer Bulletin on the Q-1 Visa. |
Up to 15
months. |
No. Total
stay is limited to 15 months. |
| R-1 |
Must have been a
member of a religious denomination having a nonprofit
religious organization in the United States for at least the
two years immediately preceding the application date. (Other
requirements, too.) |
Employer
files petition at USCIS. Upon approval, beneficiary usually
applies for visa at consulate. |
Must
work as a minister or professional in a religious
vocation or occupation.
Also must work for a bona fide nonprofit
religious organization. |
Up to 3
years. |
Yes, can
extend in increments of up to 2 years. Total stay is limited
to 5 years. Can apply for green card if want to stay longer. |
|
National Interest Waivers