Temporary Workers
[There are different "working visas" available for those wishing to gain employment or do business in the United States. Some of them are discussed below. This list is not exhaustive, and it is prudent to consult about the most appropriate visa category that would be applicable in your particular case.]
The H-1B visa category is for foreign workers in "specialty occupations" and fashion models of "distinguished merit and ability." A "specialty occupation" is one that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation in the US. This does not include entertainers and athletes, who are covered under the O and P visas. Computer professionals, health care professionals (e.g. physical/ occupational therapists), university professors, engineers, business executives, lawyers, management consultants, can all fall under the H-1B category. To qualify for this visa, one must first have a job offer from a US employer, who must attest that it is paying the prevailing wage for that job in that geographical area. A foreigner can hold an H1B visa for a maximum of 6 years. 115,000 visas are allotted for this category for fiscal year 1999-2000, and 107,500 for fiscal year 2000-2001. The number is scheduled to go down to 65,000 visas per fiscal year after that.
The H-2B visa category is for temporary or seasonal non-agricultural workers, skilled and unskilled workers (not necessarily college-trained). It must be shown that no qualified US citizens or residents are available to take the job offered by the petitioning employer. An H-2B visa is initially approved for only one year, with yearly extensions allowed up to a maximum stay of three years. 66,000 H-2B visas are allotted in the fiscal year.
With an H visa you can legally work in the US for the petitioning employer, and only for this employer. You may have accompanying relatives stay in the US with you, although they are not authorized to work unless they can qualify for a work visa themselves.
Managers, Executives, or Persons with Specialized Knowledge
This visa category is for intracompany transfers of managers, executives or persons with specialized knowledge. The US company must be a branch, subsidiary, affiliate or joint venture partner of the company that is currently employing you outside the US. This category has no quota restrictions. An L-1 visa is initially approved for up to three years, with yearly extensions allowed up to a maximum stay of seven years for managers and executives, or five years for persons with specialized knowledge.
Students
There are no quota restrictions for this category. Academic and language students get F-1 visas while vocational and technical school students get M-1 visas. You must be accepted by a US government-approved school and have the financial means to study full-time to qualify for a student visa. Students are eligible to apply for work authorization on the basis of practical training, for up to one year for F-1 students, 6 months for M-1 students. Also, in certain cases, F-1 students are allowed to work based on economic necessity.
Exchange visitors
There are no quota restrictions for this category. Among those who may qualify for this visa are students, tea chers, professors, research scholars, and foreign medical graduates. The exchange visitor program must be approved by the US Information Agency (USIA). You must already be accepted into the program before applying for this visa, and you must show financial means to support yourself while in the US. Foreign medical graduates must additionally have passed Pasts I and II of the US National Board of Medical Examiners examination or its equivalent. A 2-year home residency requirement applies to certain J-1 visitors: foreign medical graduates coming to the US for additional medical training, exchange visitors in programs where the expenses are paid by the US, a foreign government or international organization, and exchange visitors in programs for teaching skills in short supply in their home countries.
Selected Occupations
There are no quota restrictions for the O, P and R visas. All three require a job offer from a US employer in order to qualify for the visa.
The O-1 visa category is for persons of extraordinary ability in the Arts, Athletics, Science, Business and Education. Extraordinary ability is shown by sustained national or international recognition or other evidence that he is extraordinary, such as receipt of a nationally recognized prize or award for excellence, membership in associations that require outstanding achievement of their members, publication of material in professional or major trade publications or major media about you or your work, participation as a judge of the work of others in your field, making an original scientific, scholarly or business-related contribution of major significance, authorship of scholarly articles, having commanded a high salary or other outstanding remuneration for your services, or previous employment in a critical or essential capacity for an organization with a distinguished reputation. The foreigner may also submit comparable evidence to show that he is extraordinary.
The P-1 visa category is for outstanding athletes, athletic teams, and entertainment companies. P-1 visas can be issued based on the expertise of a group, not necessarily of the individual.
The R-1 visa is reserved for religious workers, who have been members of a legitimate religious denomination for at least 2 years and has a job offer in the US to work for an affiliate of that religious denomination.
Visitors for Business or Pleasure
Depending on their intent, there are different visa options for a foreigners wishing to temporarily stay in the United States. For short term visits for business or pleasure, they can apply for tourist (B1/B2) visas at the US consulate. (Under the Visa Waiver Program, nationals of certain countries can enter the US "visa-less" for a period not exceeding 90 days.) If they intend to work, one of the other "working visas" would be more appropriate (H, E, or L visas). The lines get blurred in some cases regarding the legitimate business activity of a B1 tourist, which may be viewed as unlawful productive employment.
Again, this list is not exhaustive, and a different type of visa may be more appropriate in your particular case.