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Foreign nationals come to the United States every year to work with nonimmigrant visas. The category of visa they get will depend on the type of work. The work the foreign worker does will qualify them for specific visas to enter the country and remain for a certain amount of time.   

E-1

The E-1 visa is a class of visa issued to non-immigrants from countries the United States (U.S.) has a commerce and navigation treaty. The person given this visa is admitted into the U.S. to conduct international trade on their own behalf. The counties the E-1 visa includes are listed under the U.S. Department of State Treaty Countries.

The person that would want this type of visa does not plan to live in the U.S. They have either applied from within the U.S. using Form I-129 or they apply at a port of entry with a DHS immigration officer. The person applying from within the U.S. must be in the country legally.

EB1

This is a person holds a degree and an exceptional ability. Basically, it’s a second preference application as the person applying generally has a labor certification from the Department of Labor and a job offer. Having an offer of employment is a requirement, and the employer is required to file an

This is a person offered employment that is a professional holding an advanced degree and of exceptional ability. It is an employment-based visa for the person holding more than a baccalaureate degree with at least five years of professional experience. The person’s exceptional ability is in one of three categories, sciences, business or the arts.

E-2 Visa

The E-Visa is a CNMI Only Investor, which is a foreign long-term investor. This person is permitted to stay in the U.S. long-term and can remain in the country 2 years before being required to extend their status. The exception with this visa is if the holder has a spouse and children they will have the same time privilege as the investor.   

The person applying for this visa has been admitted to CNMI for a long-term investment visa prior November 28, 2009. They have continuously maintained a residence and have current investments.

E-3

This is a visa known as a Specialty Occupation Professionals E-3 visa for people from Australia. As a specialty visa, the person holding it must hold an occupation that has a practical and theoretical application. They must either have a bachelor’s degree or possess the equivalent in training and experience.

The person applying for this visa must be a citizen of Australia. They are required to have an offer of U.S. employment and have the credentials or a degree for a specialty occupation.

H-1B

The H-1B visa is a Specialty Occupations DOD Cooperative Research and Development Project Workers permit. However, it’s also the same visa for foreign fashion models. This is a class of visa that has specific eligibility specifications.

The process to apply for this visa the employer must submit petitions of LCA to the DOL to obtain certification. Employers will also submit Form I-129 Petition for a Nonimmigrant Worker. The person that wants the visa will apply for a visa outside of the U.S. then they must apply to the U.S. Customs and Border Protection to be admitted into the U.S. on an H-1B classification.

H-1C

This is a visa for Registered Nurses working in the health profession in a shortage area. The shortage of available nurses is determined by the board of labor. The H-1C visa is one of the newer classifications created in 1999 to address the nursing shortage in the U.S. The facility this person will be employed must have at least 190 acute care beds.

The nurse applying for this visa will have a full and unrestricted nursing license from their country of origin and hold a CGFNS. Another way is having earned a nursing degree in the U.S. and license as a foreign student. This person will need to obtain authorization by the U.S. State Board of Nursing in the state they will be employed.

H-2A

The person obtaining this classification of visa is for employment that is temporary or seasonal.  The H-2A visa is a temporary agricultural workers classification. This class the employer must file Form I-129 Petition for Nonimmigrant Worker. The person in this classification is only in the U.S. for temporary work and the employer must show U.S. workers will not be adversely affected.

Take the Confusion out of Work Visas

The visa process can be tedious and confusing but knowing the requirements and what forms should be filed can make the process go much smoother. Sometimes for the visa, the employer must file specific forms in the U.S. for the prospective worker while this person must apply for a visa outside the U.S. Each of the forms and documents required should be filled out completely since missing information can hold up being issued a worker’s visa.