Non-Immigrant Visas FAQs

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. The TN non-immigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the professionals eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may qualify for TN non-immigrant status if you are a citizen of Canada or Mexico, if your profession qualifies under the regulations, and if the position in the United States requires a NAFTA professional. You must have a prearranged full-time or part-time job with a U.S. company and have the qualifications to practice in the profession in question.

If you are a citizen or national of Australia coming to the United States to perform a professional “specialty occupation” assignment in the United States, you may be eligible for an E-3 visa. In order to qualify for an E-3 visa, you will need to provide proof of your Australian citizenship, bachelor’s degree, professional license (if required for the assignment by law), and information about the U.S. company and job. You may apply for an E-3 visa at a U.S. consulate abroad or request a change of status from USCIS. E-3 status may be valid for up to two years and may be renewed indefinitely. Spouses of E-3 professionals hold E-3D status. An E-3D beneficiary spouse can work in the United States incident to status. An E-3d beneficiary child is not eligible to work.

The H-1B1 program provides for the temporary employment of non-immigrant aliens in specialty occupations from Chile and Singapore, limited to 1,400 nationals of Chile and 5,400 nationals of Singapore. The H-1B1 program is governed by many of the rules that apply to the H-1B program. The period of employment is one year. Extensions may be obtained twice but only in one-year increments. Self-employment or being an independent contractor is not allowed. Applicants must show that they do not intend to immigrate.

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce, and navigation. E-visas are for applicants who wish to go to the United States for one of two purposes: to carry out substantial trade, principally between the United States and the treaty country (E-1), or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2). The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other countries. U.S. immigration law explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which they have invested. Moreover, these visas are non-immigrant visas and thus are temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations.

The L-1A classification is reserved for certain managers and executives. Executive or managerial capacity requires a certain level of authority and can consist of a mix of job duties. There are two main types of managers: function managers and personnel managers. Managers and executives plan, organize, direct, and control an organization’s major functions and work through other employees to achieve the organization’s goals. First-line supervisors, such as those who plan, schedule, and supervise the day-to-day work of nonprofessional employees, are not employed in an executive or managerial capacity, even though they may be referred to as managers in their organization.

The L-1B classification is reserved for certain persons having specialized knowledge. You may establish specialized knowledge by possessing either special knowledge, advanced knowledge, or both. Determining whether you have special knowledge requires a review of your knowledge of how the petitioning organization manufactures, produces, or develops its products, services, research, equipment, techniques, management, or other interests (or, in brief, its products or services.

To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim or a record of extraordinary achievement in the motion picture and television industry and must be coming temporarily to the United States to continue work in the area of extraordinary ability. O-1 Extraordinary Ability visa status is reserved for those who are among the small percentage of experts who have risen to the top of their field. The approval of an O-1 petition by the United States Citizenship & Immigration Services (USCIS) decides whether an individual qualifies for O-1 classification. This classification requires a substantial amount of evidence. The O-1 is a very complicated visa category subject to high scrutiny by the U.S. government. Due to the complexity, the O-1 visa is used very infrequently.