Business Nonimmigrants

U.S. immigration law is an extremely complicated patchwork of visa categories, particularly as it applies to foreign workers. Foreign workers can be divided into two categories, immigrants and non-immigrants.

Non-immigrants are people who are coming to the United States for a temporary period of time and for a specific purpose. When the purpose is achieved, they are required to leave the United States, unless the government grants an extension of stay or a change of status. There are many categories, each with its own rules. For instance, a non-immigrant may be a tourist who is admitted to the United States for 90 days, a student who is admitted until she completes her degree, or an H-1B professional worker who is admitted for a total of six years. Some non-immigrants can work under specific terms and conditions, and others cannot. Please click on one of the following links for more information about some of the more common, business-oriented non-immigrant visa categories. We have extensive experience assisting business people in all of these categories:

B-1 Visitors: These are short-term business visitors, such as buyers and sellers.

E Traders and Investors: These are business people who come to the U.S. to invest and operate a business, or to engage in international trade. Their home country must have an appropriate trade treaty with the U.S. Follow this link for more information about this underused visa category which offers those from treaty countries flexible opportunities to operate their own business in the U.S.

H-1B Specialty workers: These are professional workers whose jobs normally require a four-year college degree or better, such as accountants, some computer programmers, teachers, doctors, and engineers.

J Exchange Visitors: These are people who come to the United States to participate in sponsored training or educational programs, including some students, interns, teachers, researchers, medical residents, au pairs, and camp counselors. Many J visitors are subject to a mandatory two-year home residency requirement after completing their stay in the United States.

L Intracompany Transferees: These are employees of foreign companies who come to work for a U.S. affiliate or subsidiary, usually as managers but in very limited cases, to perform work requiring proprietary knowledge.

O and P Artists, Entertainers, Athletes, Scientists, and Businesspeople: These categories require outstanding ability in the field, which is stringently defined. Follow this link for more information about these categories, which in the case of an O-1 visa can be used to extend the stay of a scientific researcher who is out of other visa options, in appropriate cases.

TN Guest Workers: The North American Free Trade Agreement (NAFTA) provides special opportunities for professional Canadian and Mexican citizens to work in the U.S.