Work Visas

Treaty Trader/Investor

  • The Immigration and Nationality Act provides nonimmigrant visa status for a foreign national of a country with which the United States maintains a treaty who is coming to the United States 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.
  • The investor must be a national of a treaty country; the investment must be substantial; the investment must be a real operating enterprise; the investment may not be marginal; the investor must control the funds and the investment must be at risk; and the investor must be coming to direct and develop the enterprise unless the principal is not the investor then he or she must be employed in a supervisory, executive, or highly specialized capacity.

H-1B Specialty Occupation Worker

  • The H-1B visa petition is for an individual who will temporarily be employed in a specialty occupation in the United States for a period up to six years. The individual must have a job offer.
  • A specialty occupation is a profession that requires a college degree or higher and includes such fields as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts.

L-1 Intracompany Transferee

  • The L-1 visa is available to foreign nationals who are being transferred by their current employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States.

O-1 Extraordinary Ability

  • The O-1 visa is available to foreign nationals who can demonstrate sustained national or international acclaim or recognition for achievements in science, education, business or athletics. Extraordinary ability means a level of expertise indicating that the person is one of the small percentage who have risen to the top of their field.

R-1 Religious Worker

  • The R-1 visa is available to individuals who are members of legitimate religious organizations so they can live and work legally in the United States for a specific period of time. Clergy and key employees of religious organizations are eligible. The individual must be a legitimate member of the religious denomination for at least two years.

TN under NAFTA

  • The TN visa under the North American Free Trade Agreement (NAFTA) allows citizens of Canada and Mexico to work as NAFTA professionals in the United States.
  • The applicant must be a citizen of Canada or Mexico. The Profession must be on the NAFTA list and the position in the U.S. must require a NAFTA professional. The applicant will work in a prearranged full-time or part-time job for a U.S. employer. The applicant must possess the qualifications for the profession.
  • The requirements are different for citizens of Canada and Mexico.