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Corporate Corner: Options for Business Visitors to the United States
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</h3><h4><i>by <a href=”http://discuss.ilw.com/articles/articles/391334-article#bio”>
<span itemprop=”author” itemscope itemtype=”http://schema.org/Person”>
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Wolfsdorf Rosenthal
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<p>
Since there are long waiting lines for most permanent visa categories,
temporary nonimmigrant visas are generally faster and easier to obtain and
are required to visit, study, work, or invest in the United States. In many
cases, nonimmigrant visas for work in the United States are
employer-specific—one can only work for the company that petitions or
sponsors the foreign national.
</p>
<p>
Below are highlights of some nonimmigrant visa options for foreign
nationals seeking employment in the United States. Processing times may
vary from the typical ranges stated below as of publication. Contact your
WR attorney for help with specific cases. Current wait times and other
information is available from the Department of State’s
<a href=”https://travel.state.gov/content/travel/en/us-visas.html”>
U.S. Visas
</a>
page.
</p>
<h2>
B-1 Visitor for Business
</h2>
<p>
A B-1 visa may be used for participation in business activities of a
commercial or professional nature in the United States; for example,
consulting with business associates; traveling for a scientific,
educational, professional, or business convention; settling an estate;
negotiating a contract; participating in short-term training; transiting
through the United States; or entering as “deadhead” air crewmen.
</p>
<p>
Duration of Visa: Up to 10 years but varies depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Initial period of stay: 1 to 6 months, with
extensions of up to 6 months possible. Maximum total amount of time
permitted in B-1 status on any one trip is generally 1 year.
</p>
<p>
Processing time: Generally, 1-2 months but longer for some countries.
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor”
>
B-1 Temporary Business Visitor
</a>
, for more information on eligibility, requirements, and the application
process. Department of State’s webpage,
<a
href=”https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html”
>
Treaty Countries
</a>
, for the list of included countries;
<a
href=”https://travel.state.gov/content/travel/en/us-visas/business/business-visa-center.html”
>
Business Visa Center
</a>
for the Department of State’s information on B-1 visas.
</p>
<h2>
E-1 Treaty Trader
</h2>
<p>
The E-1 nonimmigrant classification allows a national of a treaty country
(a country with which the United States maintains a treaty of commerce and
navigation) to be admitted to the United States solely to engage in
international trade on his or her own behalf. A designated employer is not
required. Certain employees of such a person or of a qualifying
organization may also be eligible for this classification.
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Maximum initial stay of 2 years, with
extensions in increments of up to 2 years each possible. No maximum limit
on the number of extensions, but E-1 nonimmigrants must maintain an
intention to depart the United States when their status expires or is
terminated.
</p>
<p>
Processing time: About 3-6 months. (Varies depending on consular post).
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders”
>
E-1 Treaty Traders
</a>
, for more information on eligibility, requirements, and the application
process. Department of State’s webpage,
<a
href=”https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html”
>
Treaty Trader & Investor Visas
</a>
.
</p>
<h2>
E-2 Treaty Investor
</h2>
<p>
The E-2 nonimmigrant classification allows a national of a treaty country
(a country with which the United States maintains a treaty of commerce and
navigation) to be admitted to the United States when investing a
substantial amount of capital in a U.S. business. Certain employees of such
a person or of a qualifying organization may also be eligible for this
classification.
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Maximum initial stay of 2 years, with
extensions in increments of up to 2 years each possible. No maximum limit
on the number of extensions, but E-2 nonimmigrants must maintain an
intention to depart the United States when their status expires or is
terminated.
</p>
<p>
Processing time: About 3-6 months. (Varies depending on consular
post).Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors”
>
E-2 Treaty Investors
</a>
, for more information on eligibility, requirements, and the application
process. Department of State’s webpage,
<a
href=”https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html”
>
Treaty Trader & Investor Visas
</a>
.
</p>
<h2>
E-3 Visa for Australian Professionals
</h2>
<p>
The E-3 classification applies only to nationals of Australia coming to the
United States solely to perform services in a specialty occupation. The
specialty occupation requires theoretical and practical application of a
body of knowledge in professional fields and at least the attainment of a
bachelor’s degree, or its equivalent, as a minimum for entry into the
occupation in the United States. An E-3 visa requires a legitimate offer of
employment in the United States.
</p>
<p>
Duration of Visa: Varies depending on each country’s reciprocity schedule.
See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Initial period of stay of 2 years, with
extensions in increments of up to 2 years. No maximum number of extensions,
with some exceptions.
</p>
<p>
Processing time: About a week, if applying from inside Australia. See the
Department of State’s
<a href=”https://travel.state.gov/content/travel/en/us-visas.html”>
U.S. Visas
</a>
page for more information on processing times elsewhere.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia”
>
E-3 Certain Specialty Occupation Professionals from Australia
</a>
.
</p>
<h2>
ESTA
</h2>
<p>
Eligible nationals of Visa Waiver Program (VWP) countries can travel to the
United States without a visa but must obtain an approved advance travel
authorization via the Electronic System for Travel Authorization (ESTA).
</p>
<p>
Duration of Authorized Stay: Generally, 2 years, or whenever the passport
expires. Intended for visitors whose travel is for 90 days or fewer.
</p>
<p>
Processing time: According to U.S. Customs and Border Patrol, citizens of
participating VWP countries traveling to the United States are “strongly
encouraged” to apply for an ESTA at the time of booking their trip and no
later than 72 hours before departure.
</p>
<p>
Details: Information about <a href=”https://esta.cbp.dhs.gov/esta/”>ESTA</a>;
<a href=”https://www.cbp.gov/travel/international-visitors/esta”>
eligibility
</a>
; the
<a
href=”https://www.cbp.gov/travel/international-visitors/visa-waiver-program”
>
VWP
</a>
; <a href=”https://esta.cbp.dhs.gov/esta/”>ESTA application</a> and related
information; list of <a href=”https://esta.cbp.dhs.gov/esta/”>participating VWP countries</a>.
</p>
<h2>
F-1 Student (or M-1 Vocational Student) Visa
</h2>
<p>
Foreign academic or vocational students may be allowed to work in the
United States under certain circumstances. Depending on the type of student
and type of employment, the student will be issued different documents that
show employment authorization.
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: An F-1 student may remain in the United States
up to 60 days after he or she completes the academic program. An M-1
student may remain in the United States up to 1 year, or as long as he or
she is enrolled as a full-time student in the vocational program plus 30
days to depart.
</p>
<p>
Processing time: About 5 to 6 weeks for an F-1 visa; at least a month for
an M-1 visa.
</p>
<p>
Details: USCIS webpage with information on eligibility, requirements, and
types of work permitted,
<a
href=”https://www.uscis.gov/i-9-central/complete-correct-form-i-9/complete-section-1-employee-information-and-attestation/foreign-academic-students#F-1″
>
Foreign Academic Students
</a>
; Student and Exchange Visitor Program information on
<a href=”https://www.ice.gov/sevis”>
institutions where M-1 students are accepted
</a>
.
</p>
<h2>
H-1B Specialty Occupation Visa for Professional Workers
</h2>
<p>
This visa category applies to people who wish to perform services in a
specialty occupation. The prospective employer must file a Labor Condition
Application with the Petition for a Nonimmigrant Worker. The job must meet
one of the following criteria to qualify as a specialty occupation:
</p>
<ul>
<li>
A bachelor’s or higher degree or its equivalent is normally the minimum
entry requirement for the position
</li>
<li>
The degree requirement for the job is common to the industry or the job
is so complex or unique that it can be performed only by an individual
with a degree
</li>
<li>
The employer normally requires a degree or its equivalent for the
position
</li>
<li>
The nature of the specific duties is so specialized and complex that
the knowledge required to perform the duties is usually associated with
the attainment of a bachelor’s or higher degree.
</li>
</ul>
<p>
Note: The H-1B visa has an annual numerical limit “cap” of 65,000 visas
each fiscal year. The first 20,000 petitions filed on behalf of
beneficiaries with a U.S. master’s degree or higher are exempt from the
cap. Additionally, H-1B workers who are petitioned for or employed at an
institution of higher education or its affiliated or related nonprofit
entities or a nonprofit research organization, or a government research
organization, are not subject to this numerical cap.
</p>
<p>
Duration of Visa: Varies up to 3 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Up to 3 years, with extensions possible,
normally up to 6 years with exceptions.
</p>
<p>
Processing time: About 3 months to 1 year.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models”
>
H-1B Specialty Occupations, DOD Cooperative Research and Development
Project Workers, and Fashion Models
</a>
</p>
<h2>
H-1B1 Free Trade Agreement Visa for Professionals from Chile and Singapore
</h2>
<p>
The H-1B1 is a variation of the H-1B visa under free trade agreements with
Chile and Singapore that has many of the same requirements. An employer may
sponsor a worker applying directly at a U.S. embassy or consular post.
</p>
<p>
Duration of Visa: 18 months. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: 1 year, with two extensions in 1-year
increments possible. Further extensions can be obtained only with the
filing of a new Labor Condition Application.
</p>
<p>
Processing time: May vary from post to post; generally, 4 to 6 months.
Premium processing is not available for the H-1B1 visa.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers”
>
Temporary (Nonimmigrant) Workers
</a>
(scroll down to H-1B and H11B1); Department of Labor (Wage & Hour
Division) webpage, <a href=”https://www.dol.gov/whd/immigration/h1b1.htm”>H-1B1 Program</a>.
</p>
<h2>
H-3 Trainee Visa
</h2>
<p>
The H-3 nonimmigrant visa category allows foreign nationals coming
temporarily to the United States as a:
</p>
<ul>
<li>
Trainee to receive training in any field of endeavor, other than
graduate medical education or training, that is not available in the
foreign national’s home country; or
</li>
</ul>
<p>
Special Education Exchange Visitor to participate in a special education
exchange visitor training program that provides for practical training and
experience in the education of children with physical, mental, or emotional
disabilities
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: For trainees, up to 2 years. For special
education exchange visitor trainees, up to 18 months.
</p>
<p>
Processing time: About 2 to 5 months.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/h-3-nonimmigrant-trainee/h-3-nonimmigrant-trainee-or-special-education-exchange-visitor”
>
H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
</a>
</p>
<h2>
J-1 Exchange Visitor Program
</h2>
<p>
The J-1 classification (exchange visitors) is for those who intend to
participate in an approved program for the purpose of teaching, instructing
or lecturing, studying, observing, conducting research, consulting,
demonstrating special skills, receiving training, or to receive graduate
medical education or training. J-1 nonimmigrants are sponsored by an
exchange program as designated by the Department of State. These programs
are designed to promote the interchange of persons, knowledge, and skills
in the fields of education, arts, and science.
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Until 30 days after the end of the program, as
specified.
</p>
<p>
Processing time: About 2 months.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/students-and-exchange-visitors/exchange-visitors”
>
Exchange Visitors
</a>
; Department of State webpage, <a href=”https://j1visa.state.gov/”>Exchange Visitor Program</a>;
<a
href=”https://j1visa.state.gov/participants/how-to-apply/sponsor-search/?program=&state=&x=14&y=8″
>
Designated Sponsor Organizations
</a>
</p>
<h2>
L-1 Intracompany Transferee Visa
</h2>
<p>
The L-1A nonimmigrant classification enables a U.S. employer to transfer an
executive or manager from one of its affiliated foreign offices to one of
its offices in the United States. This classification also enables a
foreign company that does not yet have an affiliated U.S. office to send an
executive or manager to the United States with the purpose of establishing
one. The employer must file a Form I-129, Petition for a Nonimmigrant
Worker, with fee, on behalf of the employee.
</p>
<p>
Duration of Visa: Varies up to 5 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Maximum initial stay of 1 year to establish a
new office. All other qualified employees will be allowed a maximum initial
stay of 3 years. For all L-1A employees, requests for extensions of stay
may be granted in increments of up to an additional 2 years, until the
employee has reached the maximum limit of 7 years.
</p>
<p>
Processing time: About 2-3 months, or longer depending on the consulate.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager”
>
L-1A Intracompany Transferee Executive or Manager
</a>
</p>
<h2>
O Visa for Persons of Extraordinary Ability in Certain Fields
</h2>
<p>
The O-1 nonimmigrant visa is for the individual who possesses extraordinary
ability in the sciences, arts, education, business, or athletics, or who
has a demonstrated record of extraordinary achievement in the motion
picture or television industry and has been recognized nationally or
internationally for those achievements.
</p>
<p>
Duration of Visa: Varies up to 3 years depending on each country’s
reciprocity schedule. See
<a
href=”https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html”
>
https://travel.state.gov/content/tra…y-Country.html
</a>
</p>
<p>
Duration of Authorized Stay: Up to 3 years. USCIS will determine the time
necessary to accomplish the initial event or activity in increments of up
to 1 year.
</p>
<p>
Processing time: About 2 to 3 months.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement”
>
O-1 Visa: Individuals with Extraordinary Ability or Achievement
</a>
</p>
<h2>
TN NAFTA Visa for Canadians and Mexicans
</h2>
<p>
The TN nonimmigrant classification permits qualified Canadian and Mexican
citizens to seek temporary entry into the United States to engage in
business activities at a professional level. TN nonimmigrants may include
accountants, engineers, lawyers, pharmacists, scientists, and teachers.
</p>
<p>
Duration of Authorized Stay: Up to 3 years.
</p>
<p>
Processing Time: About 6 months.
</p>
<p>
Details: USCIS webpage,
<a
href=”https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals”
>
TN NAFTA Professionals
</a>
</p>
<h2>
Visa Waiver Program
</h2>
<p>
See ESTA, above, for details and links.
</p>
<hr/><h4>
<a name=”bio”></a>
About The Author<br/>
</h4>
<!–AUTHOR BIO START–>
<p>
<b>Wolfsdorf Rosenthal</b> is established in 1986, Wolfsdorf Rosenthal LLP is a full-service, top-rated immigration law firm providing exceptional immigration and visa services. With over 30 years of experience and offices in Los Angeles, New York, Oakland, San Francisco, Santa Monica, and Shanghai, the firm specializes in providing global immigration solutions for investors, multinational corporations, small businesses, academic and research institutions, artists and individuals.
Wolfsdorf Rosenthal attorneys are experts in their field and are featured contributors and speakers at local, national and global immigration forums and publications. They are also consistently recognized for their work and honored by the most prestigious awards on a national and global level.
</p>
<!–END AUTHOR BIO–>
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