Following is a summary of most of the nonimmigrant (i.e., temporary) and employment-based immigrant (i.e., permanent) visa classifications under U.S. immigration laws. The following information is not intended as legal advice in any specific case.

Summary of Nonimmigrant Visa Classifications

A: Ambassadors and other employees of foreign embassies and consulates

B-1: Visitors for business; cannot be employed by any U.S. entity, but may visit U.S. on short- or long-term business on behalf of employer abroad.

B-2: Visitors for pleasure (tourists).

C: Transit visa for very short intervals, e.g., a few days.

D: Crewmen on foreign vessels.

E-1: "Treaty" trader; must be citizen of country with which the U.S. has a trade treaty providing for such trader visas, and must work as owner or key employee for company in U.S. that is at least 50%-owned by citizens of the foreign treaty country; the company in the U.S. must be engaged in substantial trade between the U.S. and the foreign treaty country. Spouses of E-1s are eligible for work authorization. Evidence of such work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The E-1 spouse must apply to the USCIS for the EAD, and the process takes approximately three months.

E-2: "Treaty" investor; must be citizen of country with which the U.S. has a trade treaty providing for such investor visas, and must work as owner or key employee for company in U.S. that is at least 50%-owned by citizens of the foreign treaty country; the company in the U.S. must be established with a substantial financial investment. Spouses of E-2s are eligible for work authorization. Evidence of such work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The E-2 spouse must apply to the USCIS for the EAD, and the process takes approximately three months.

F-1: Foreign students in academic degree programs. In addition to very limited employment eligibility during school, F-1s are eligible for up to one year of work authorization (called "optional practical training"), generally used after graduation. Evidence of such "practical training" work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The F-1 foreign student is usually assisted by his/her school in applying for the EAD.

F-2: Dependents (spouse; minor children) of F-1 foreign students. May not work in the U.S.

G: Employees of international organizations, representing their organization or member country in the U.S.

H-1B: Temporary professional worker; must be in occupation that requires Bachelor's or higher degree in a specific field. H-1B status is employer-specific and cannot be transferred to a subsequent employer without filing of a new H-1B petition with the USCIS. With limited exceptions, an individual's H-1B status is limited to a total of six years, regardless of the time spent in H-1B status for any one employer.

H-2: Temporary worker to work in seasonal or peakload short-term jobs lasting less than a year. Requires a specific determination from U.S. Department of Labor on existence of a labor shortage.

H-3: Trainees coming to attend training program. May be a corporate training program for which the trainees receive pay. H-3 petitions are notably unsuccessful with some USCIS offices, despite seeming eligibility; therefore, caution is advised in using the H-3 classification.

H-4: Dependents (spouse; minor children) of H-1B workers. May not work in the U.S.

I: Employees of foreign information media.

J-1: Foreign exchange visitor under the aegis of a recognized exchange visitor program. Cannot work outside the program's parameters. In many cases, J-1s are required to spend two years in their home country before they are eligible for another type of temporary or permanent work visa.

J-2: Dependents (spouse; minor children) of J-2 foreign exchange visitors. J-2s are eligible for work authorization in the U.S. for enrichment purposes (as opposed to financial reasons). Evidence of such work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The J-2 must apply to the USCIS for the EAD, and the process takes approximately three months.

K: Fiancé(e)s and spouses of U.S. citizens who applied for and received a "K" fiancé(e) visa from a U.S. consular post abroad and were admitted to the U.S. pursuant to such K visa. Individuals in K status are eligible for work authorization.

L-1: Intracompany transferees, brought from a company abroad for employment in a U.S. company that is the parent, subsidiary, branch, or affiliate of the company abroad (the two companies must be related by ownership; licensing agreements, franchises, distributorships and the like do not qualify). The employee must have at least one year of managerial, executive, or "specialized knowledge" employment with the company abroad, and must be coming to the U.S. to engage in managerial, executive, or "specialized knowledge" employment with the company in the U.S. L-1 status is limited to seven years (five years for "specialized knowledge" jobs). Spouses of L-1s (called L-2s) are eligible for work authorization. Evidence of such work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The L-2 spouse must apply to the USCIS for the EAD, and the process takes approximately three months.

M: Foreign students in non-academic program, e.g., vocational or technical program. Sometimes eligible for up to six months of work authorization (called "practical training") following completion of the school program. Evidence of such "practical training" work authorization is in the form of a laminated card called an employment authorization document, or "EAD." The foreign student is usually assisted by his/her school in getting the EAD

N: Certain parents and children of "special immigrants" who immigrated based on rules benefitting dependents of G visa-holders. Individuals in N status are eligible for employment.

O-1: Individuals of extraordinary ability, coming to the U.S. to engage in an activity (including employment) requiring such extraordinary ability. Standard for "extraordinary" is highest for individuals in non-arts fields (e.g., sciences, engineering, business, athletics, etc.); these individuals must be "among the very few" who have achieved top status in their field internationally. For individuals in the arts, "extraordinary" may be merely "prominent." Requires consultation with an applicable labor union peer or professional organization before filing O-1 petition with USCIS. O-1 petitions are granted in renewable three-year increments.

O-2: Providers of support services to O-1 artists or athletes.

O-3: Dependents (spouse; minor children) of O-1s. May not work in the U.S.

P: May be P-1, P-2, or P-3, which categories cover: athletes coming to the U.S. for a specific competition; internationally recognized entertainment groups; artists or entertainers coming to the U.S. to perform pursuant to a reciprocal international cultural exchange program; artists or entertainers coming to the U.S. to perform in a culturally unique event or performance; or providers of essential support services to any of the above.

P-4: Dependents (spouse; minor children) of P-1s, P-2s, or P-3s. May not work in the U.S.

Q: Participants in a program of international cultural exchange (which may include employment), approved by the USCIS for purposes of sharing the history, culture and traditions of the individual's home country.

R: Religious workers affiliated with a recognized religious denomination.

S: Individuals coming to the U.S. to testify in criminal proceedings.

TN: Temporary professional workers under NAFTA. Must be citizen of Canada or Mexico, must be offered a position in the U.S. that fits within one of the sixty-plus occupational classifications listed in an appendix to the NAFTA treaty, and must possess the corresponding academic and professional qualifications.

TD: Dependents (spouse; minor children) of TN workers. May not work in the U.S.

U: Victims of crimes including domestic violence, peonage and involuntary servitude.

V: Spouse or child of a lawful permanent resident (LPR). Must be the beneficiary of an approved immigrant visa petition filed by the LPR spouse or parent, and three years must have passed since the filing date.

Summary of Employment-Based Immigrant Visas

The following is a very abbreviated summary of employment-based immigrant visa classifications under the U.S. immigration laws. This summary does not cover the non-employment methods of acquiring immigrant status (also called permanent residence, or a "green card"), which include family relationships, asylum, and special laws such as the visa lottery. In general, employment-based permanent residence cases take two to five years to complete, depending on the type of case as well as the employee's country of birth (the U.S. immigration system imposes per-country quotas, which sometimes are oversubscribed by natives of India and mainland China). Because of this long processing time, employers usually look to an appropriate nonimmigrant (temporary) visa classification to provide work authorization to the individual while this process is ongoing.

EB-1: The "top" category, exempt from labor-market considerations, i.e., the employer is not required to get a "labor certification" showing unavailability of U.S. workers. Three sub-categories of EB-1: outstanding professors and researchers; multinational executives and managers; and individuals of "extraordinary" ability.

EB-2: Professionals in jobs requiring advanced degrees (Master's or higher), and individuals of "exceptional" ability (a somewhat lesser standard than EB-1 "extraordinary"). The employer is generally required to advertise the job and get a "labor certification" showing unavailability of U.S. workers. There are very limited exceptions to this requirement, the most widely publicized of which is the "national interest" waiver. In August 1998, the USCIS issued a precedent decision that makes it substantially harder to qualify for a "national interest" waiver.

EB-3: Professionals and skilled workers in jobs requiring at least two years or education, training and/or experience. The employer is required to advertise the job and get a "labor certification" showing unavailability of U.S. workers.

EB-4: Religious workers affiliated with a recognized religious denomination. The law that created this category has a "sunset date." To continue beyond the sunset date, this category must be renewed by Congress.

EB-5: Employment-creation entrepreneurs. Must invest $1,000,000 in a new U.S. enterprise and create ten (10) new jobs for U.S. workers. May invest as little as $500,000 if the investment is in a geographic location where the economic need is officially recognized.