Temporary Visas

Our office provides services on the following U.S. temporary worker visa classifications. The following provides a brief overview of the requirements for these visas. For a complete listing of available U.S. visas, visit USCIS’ website.

TN Visa

    • For Canadian / Mexican Citizens only

    • No annual quota

    • 63 occupations available

    • Degree required; some exceptions

    • Employer sponsor needed, but minimal requirements

    • No wage requirements

    • No labor market testing / advertising

    • Can obtain work authorization for up 3 years

    • No limit on the number of renewals provided still meet TN requirements

    • No dual intent

    • Must have intent to enter for temporary purposes

    • But may pursue a green card filing at later date

    • Spouse and children under 21 can obtain TD status for same period

    • Cannot work in U.S. under TD status

    • Can study in the U.S.

H-1B Visa

    • No citizenship requirement

    • Annual quota & lottery

    • Position must be “specialty occupation”

    • U.S. bachelor’s degree or equivalent required

    • Employer sponsor needed

    • Must pay required wage

    • Must provide notice of hiring to employees

    • Must maintain documents for public examination

    • Must offer terminated employee return transportation costs

    • Can obtain work authorization for up 3 years

    • Can obtain 3-year renewal

    • Time limited to 6 years unless employer sponsors for green card

    • Dual intent allowed

    • Can pursue a green card without jeopardizing H-1B status, renewal, or travel authorization

    • Spouse and children under 21 can obtain H-4 status for same period

    • Cannot work in U.S. under H-4 status unless employer sponsors H-1B worker for green card

    • Can study in the U.S.

E-1 / E-2 Visa

    • Must be citizen of country with E-1 / E-2 treaty with U.S.

    • Must be carrying on substantial trade with U.S. (E-1).

    • Must make substantial investment in U.S. (E-2).

    • No employer sponsor needed

    • Applicant can self-petition for E-1 / E-2 visa

    • Must be engaged in trade (services or technology, e.g.) between U.S. and treaty country (E-1)

    • Must develop and direct operations of own U.S. business (E-2)

    • Can obtain work authorization for up to 2 years

    • No limit on the number of renewals provided still meet E-1/E-2 requirements

    • Dual intent not allowed

    • Can pursue an immigrant visa application if can prove will not stay in U.S. to adjust status or otherwise unlawfully remain in U.S.

    • Spouse and children under 21 can obtain dependent status for same period

    • Spouses can work in U.S. upon entering the U.S. under E-1/E-2 dependent status

    • Can study in the U.S.

O-1 Visa

    • No citizenship requirements

    • No annual quota

    • Must have “extraordinary ability” in science, education, business, athletics, or arts; or extraordinary achievement in motion picture or television industry

    • Employer sponsor or U.S agent needed

    • No wage requirements

    • No labor market testing / advertising

    • Must offer terminated employee return transportation costs

    • Can obtain work authorization for up 3 years

    • Renewals limited to 1-year periods

    • Must have intent to enter for temporary purposes, and not remain beyond authorized period of stay

    • The O-1 regulations state that the approval of permanent labor certification or the filing of an immigrant petition should not be basis for denial of an O-1 petition

    • Spouse and children under 21 can obtain O-3 status for same period

    • Cannot work in U.S. under O-3 status

    • Can study in the U.S.

J-1 Visa

    • No citizenship requirements

    • No annual quota

    • Must be accepted for exchange visitor program

    • Must qualify for J-1 program available, e.g. for:

      • Intern / Trainee

      • Research Scholar

      • Specialist

      • Teacher

    • Employer does not sponsor J-1, but acts as host organization

    • Program sponsors contracted by U.S. gov. act as sponsors

    • Time periods vary depending on J-1 category, e.g.:

      • Specialists - up to 12 months

      • Intern - 12 months

      • Trainee - 18 months

      • Teachers - 3 years

      • Research Scholar / Professor - 5 years

    • Certain J-1s may be subject to a 2-year home residence before requirement before they may file for a green card, H-1B or L-1 visa

    • Must have residence abroad with no intention of abandoning

    • Must have intent to enter for temporary purposes, and will depart at end of program

    • Spouse and children under 21 can obtain J-2 status for same period

    • Can work in U.S. under J-2 status with filing of I-765 application

    • Can study in the U.S.

B-1/B-2 Visa

    • Allows temporary visits for limited business activities (B-1)

    • Allows visits for pleasure / recreation (B-2)

    • Cannot engage in any employment for a U.S. employer while visiting the U.S., or receive any compensation from a U.S. source.

    • May be seeking entry on behalf of foreign employer.

    • Must have sufficient financial resources to cover expenses during the visit.

    • Can be admitted to U.S. for periods of up to 6 months.

    • Individuals entering the U.S. under the Visa Waiver Program may be admitted to the U.S. for 90 days.

    • Must have a residence outside the U.S. that they have no intention of abandoning as well as other ties such as employment, which will insure their return abroad at the end of the visit.

    • Spouse and children under 21 can accompany B-1/B-2 visa holder for same period