US Visa Options
Navigating U.S. immigration options can be complex and confusing, so understanding the available visa categories is the first step toward making an informed decision.
Below, you’ll find a summary of key visa options, including eligibility requirements, duration, and application details to help you determine the best path forward.
An H-1B is a temporary, nonimmigrant visa issued to foreign nationals in specialized fields that typically require a minimum of a bachelor's degree or its equivalent in experience and skills. This visa is mainly used by professionals in the IT, financial, engineering, and medical fields. The annual H-1B cap is 85,000 visas, with 65,000 allocated for bachelor's degree holders and 20,000 for those with advanced degrees. H-1B visas are initially valid for three years but can be extended for up to six years. Since they are dual-intent visas, holders may pursue permanent residency while maintaining H-1B status. Spouses and children under 21 can also obtain H-4 visas as dependents of the H-1B holder.
An H-1B is a temporary, nonimmigrant visa issued to foreign nationals in specialized fields that typically require a minimum of a bachelor's degree or its equivalent in experience and skills. This visa is mainly used by professionals in the IT, financial, engineering, and medical fields. The annual H-1B cap is 85,000 visas, with 65,000 allocated for bachelor's degree holders and 20,000 for those with advanced degrees. H-1B visas are initially valid for three years but can be extended for up to six years. Since they are dual-intent visas, holders may pursue permanent residency while maintaining H-1B status. Spouses and children under 21 can also obtain H-4 visas as dependents of the H-1B holder.
The H-2A visa allows foreign nationals from certain designated countries to work in agricultural jobs in the U.S. on a temporary or seasonal basis. This visa is mainly used by farmers and other employers who need workers to fill labor shortages. The petitioner must meet certain regulatory requirements, and the workers are protected by standard U.S. labor and wage laws. H-2A visas are valid for up to one year, and there are no caps on the number of workers who may be brought to the US annually in this status.
An H-2B is a nonimmigrant visa that allows foreign nationals to work temporarily in the U.S. in non-agricultural fields such as hospitality, landscaping, and seasonal industries. Like the H-2A, this visa allows employers facing labor shortages to fill certain positions when there are no available American workers to do so. The positions can be seasonal, temporary, or a one-time occurrence. However, H-2B visas have a cap of 33,000 workers for the first half of each fiscal year and another cap of 33,000 for the second half. Workers can also only hold H-2B status for a maximum of three years.
H-3 visas allow foreign nationals to enter the U.S. as trainees or special education exchange visitors to receive training that is not available in their home country. The fields of endeavor for trainees include, but are not limited to, commerce, finance, agriculture, transportation, and communications. Special education exchange visitors can receive training related to educating children who have physical, emotional, or mental disabilities. H-3 visas are valid for up to two years for trainees and up to 18 months for special education exchange visitors.
E Visas (Treaty Traders & Investors)
Nationals of countries that have a treaty of commerce and navigation with the U.S. may obtain E-1 visas. However, they must be coming to the U.S. solely to engage in substantial international trade between their country and the U.S. While E-1 visas are initially granted for two years, they can be extended indefinitely if the foreign national continues to meet the eligibility requirements. Spouses and children under 21 can also accompany E-1 visa holders, as well as employees of a treaty trader or a company that has the nationality of the treaty country.
E-2 visas are for nationals of treaty countries who are investing a substantial amount of capital in a U.S. business. Although there is no specific minimum investment required, applicants should prepare to invest at least $50,000 to $200,000 USD in a business, and the investment must be irrevocable. A significant benefit of the E-2 visa is that holders may be granted an automatic two-year period of readmission when returning to the U.S. from abroad, provided they are still admissible. Spouses and unmarried children under age 21 may accompany or follow the E-2 investor or employee to the U.S. E-2 dependents are also eligible for work permission in the U.S.
O-1A visas are ideal for foreign nationals who possess extraordinary ability in the fields of science, education, business, or athletics. O-1B visas are for those who possess extraordinary ability in the arts or in the television and/or motion picture industry. O-2 visas are issued to foreign nationals who are an integral part of an O-1A’s activities or essential to the production capabilities of an O-1B visa holder. Although O visas are initially granted for up to three years, they can be extended in one-year increments.
TN visas are granted to nationals of Canada and Mexico who are employed in certain occupations listed under the North American Free Trade Agreement (NAFTA) / United States-Mexico-Canada Agreement (USMCA). These visas allow Canadian and Mexican professionals to enter the U.S. and work on a temporary basis for up to three years. However, they can be renewed indefinitely.
B-1 visas are best for foreign nationals planning to enter the U.S. to participate in short-term business activities such as meetings, contract negotiations, or training. While in the U.S., they cannot engage in actual paid employment. B-1 visas are only valid for up to six months, and applicants must provide evidence that they plan to return to their country of residence before their status expires. Despite that, B-1 visas can be extended for an additional six months, depending on business needs.
EB-5 serves as a pathway for foreign nationals to gain permanent resident status in the U.S. through job-creating investments in various sectors. Investments must be a minimum of $1.8 million in a new commercial enterprise or a minimum of $900,000 in a Targeted Employment Area (TEA). The investment must also create at least 10 full-time jobs for qualified U.S. workers within two years. Foreign nationals must also prove that they obtained the investment funds through legal means.
Choosing the right visa is important for a smooth immigration process. Each visa type has specific requirements and benefits, so it’s essential to understand your options to determine which one is right for you.
If you need personalized guidance or have questions about your eligibility, our experienced immigration attorneys are here to help.
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