Temporary Visas
Our office provides services on the following U.S. temporary worker visa classifications. The following provides a brief overview of the requirements for these visas. For a complete listing of available U.S. visas, visit USCIS’ website.
TN Visa
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For Canadian / Mexican Citizens only
No annual quota
63 occupations available
Degree required; some exceptions
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Employer sponsor needed, but minimal requirements
No wage requirements
No labor market testing / advertising
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Can obtain work authorization for up 3 years
No limit on the number of renewals provided still meet TN requirements
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No dual intent
Must have intent to enter for temporary purposes
But may pursue a green card filing at later date
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Spouse and children under 21 can obtain TD status for same period
Cannot work in U.S. under TD status
Can study in the U.S.
H-1B Visa
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No citizenship requirement
Annual quota & lottery
Position must be “specialty occupation”
U.S. bachelor’s degree or equivalent required
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Employer sponsor needed
Must pay required wage
Must provide notice of hiring to employees
Must maintain documents for public examination
Must offer terminated employee return transportation costs
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Can obtain work authorization for up 3 years
Can obtain 3-year renewal
Time limited to 6 years unless employer sponsors for green card
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Dual intent allowed
Can pursue a green card without jeopardizing H-1B status, renewal, or travel authorization
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Spouse and children under 21 can obtain H-4 status for same period
Cannot work in U.S. under H-4 status unless employer sponsors H-1B worker for green card
Can study in the U.S.
E-1 / E-2 Visa
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Must be citizen of country with E-1 / E-2 treaty with U.S.
Must be carrying on substantial trade with U.S. (E-1).
Must make substantial investment in U.S. (E-2).
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No employer sponsor needed
Applicant can self-petition for E-1 / E-2 visa
Must be engaged in trade (services or technology, e.g.) between U.S. and treaty country (E-1)
Must develop and direct operations of own U.S. business (E-2)
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Can obtain work authorization for up to 2 years
No limit on the number of renewals provided still meet E-1/E-2 requirements
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Dual intent not allowed
Can pursue an immigrant visa application if can prove will not stay in U.S. to adjust status or otherwise unlawfully remain in U.S.
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Spouse and children under 21 can obtain dependent status for same period
Spouses can work in U.S. upon entering the U.S. under E-1/E-2 dependent status
Can study in the U.S.
O-1 Visa
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No citizenship requirements
No annual quota
Must have “extraordinary ability” in science, education, business, athletics, or arts; or extraordinary achievement in motion picture or television industry
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Employer sponsor or U.S agent needed
No wage requirements
No labor market testing / advertising
Must offer terminated employee return transportation costs
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Can obtain work authorization for up 3 years
Renewals limited to 1-year periods
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Must have intent to enter for temporary purposes, and not remain beyond authorized period of stay
The O-1 regulations state that the approval of permanent labor certification or the filing of an immigrant petition should not be basis for denial of an O-1 petition
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Spouse and children under 21 can obtain O-3 status for same period
Cannot work in U.S. under O-3 status
Can study in the U.S.
J-1 Visa
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No citizenship requirements
No annual quota
Must be accepted for exchange visitor program
Must qualify for J-1 program available, e.g. for:
Intern / Trainee
Research Scholar
Specialist
Teacher
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Employer does not sponsor J-1, but acts as host organization
Program sponsors contracted by U.S. gov. act as sponsors
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Time periods vary depending on J-1 category, e.g.:
Specialists - up to 12 months
Intern - 12 months
Trainee - 18 months
Teachers - 3 years
Research Scholar / Professor - 5 years
Certain J-1s may be subject to a 2-year home residence before requirement before they may file for a green card, H-1B or L-1 visa
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Must have residence abroad with no intention of abandoning
Must have intent to enter for temporary purposes, and will depart at end of program
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Spouse and children under 21 can obtain J-2 status for same period
Can work in U.S. under J-2 status with filing of I-765 application
Can study in the U.S.
B-1/B-2 Visa
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Allows temporary visits for limited business activities (B-1)
Allows visits for pleasure / recreation (B-2)
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Cannot engage in any employment for a U.S. employer while visiting the U.S., or receive any compensation from a U.S. source.
May be seeking entry on behalf of foreign employer.
Must have sufficient financial resources to cover expenses during the visit.
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Can be admitted to U.S. for periods of up to 6 months.
Individuals entering the U.S. under the Visa Waiver Program may be admitted to the U.S. for 90 days.
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Must have a residence outside the U.S. that they have no intention of abandoning as well as other ties such as employment, which will insure their return abroad at the end of the visit.
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Spouse and children under 21 can accompany B-1/B-2 visa holder for same period