U.S. Non-ImmigrantVisa Guide

B-1 Business Activities

• Attend business meetings, negotiations, and contract signings
• Conduct customer visits and explore commercial partnerships
• Attend trade shows or professional conferences
• Receive short-term business training (no U.S. employer compensation)

B-2 Tourist Activities

• Tourism and leisure travel
• Visiting family or friends (short-term)
• Medical treatment (with hospital invitation and proof of funds)
• Amateur social, cultural, or sporting events

⚠️ Cannot work in the U.S.—any compensated activity by a U.S. employer is unlawful. For short-term work, consider H-1B, L-1, or O-1 visas instead.

F-1 Academic Students

• Enrolled at SEVP-certified university, college, or language school
• Up to 20 hours per week on-campus work permitted
• Eligible for OPT (12 months; STEM extension up to 24 additional months)
• Can apply for OPT 90 days before graduation

M-1 Vocational Students

• Enrolled at SEVP-certified vocational school (auto repair, culinary, cosmetology, etc.)
• No off-campus work allowed
• Limited practical training related to coursework

J-1 Exchange Visitors

• Includes: exchange students, visiting scholars, research scholars, teachers, specialists, physicians, interns, au pairs
• Sponsor (designated by Department of State) issues DS-2019
• Some sub-categories carry the 2-year home residency requirement (212(e))—must return home for 2 years before applying for other visas or green card

Eligibility Requirements

• Beneficiary holds a U.S. bachelor's degree or equivalent professional experience (3 years of experience = 1 year of college)
• Position is a Specialty Occupation—generally requires a bachelor's degree to perform
• U.S. employer sponsors via certified LCA and Form I-129
• Employer must pay at least the prevailing wage

Cap-Exempt Categories (no lottery)

• Universities and affiliated research entities
• Nonprofit research organizations
• Government research organizations
• Existing H-1B holders changing employers

Employer Requirements

• Demonstrate that insufficient U.S. workers are available for the position
• Employing the foreign worker will not adversely affect wages or conditions of U.S. workers
• Need must be: seasonal, one-time, peak-load, or intermittent

Annual Cap

• 66,000 total: first half (Oct 1–Mar 31) 33,000; second half (Apr 1–Sep 30) 33,000
• Recent years: supplemental cap often added to expand availability

Eligibility Requirements

• Training not available in home country
• Training is not designed for U.S. employment
• Most of the training is classroom-based, not productive work
• Trainee's career in home country will benefit from this training

Common Uses

• Multinationals bringing overseas employees to U.S. headquarters for 6-24 month training
• Special education (disability education) programs
• Specialized professional training in finance, technology, or management

Eligibility Requirements

• Beneficiary served the overseas parent / subsidiary / affiliate at least 1 year within the past 3 years
• Beneficiary will work for a qualifying U.S. entity in an executive, managerial, or specialized-knowledge role
• U.S. entity has a qualifying relationship with the foreign company (parent/subsidiary, sister company, joint venture)

L-1A Executive / Manager

• Path to EB-1C Multinational Manager green card (no PERM required)
• New Office: initial 1-year approval; renewable for 2 years if business is operational

L-1B Specialized Knowledge

• Beneficiary must possess specialized knowledge unique to the company
• No direct path to EB-1; can pursue EB-2/EB-3 via PERM

Blanket L-1 (for large multinationals)

• Pre-qualifies the company so individual L-1 petitions go through a streamlined process
• Requirements: 1,000+ U.S. employees, or 10+ L-1 approvals in past 12 months, or $25M+ U.S. sales

O-1A (Science, Education, Business, Athletics)

Demonstrate sustained national or international acclaim by meeting at least 3 of:

• Receipt of nationally/internationally recognized prizes or awards
• Membership in associations requiring outstanding achievement
• Published material about the beneficiary in professional/major media
• Service as a judge of others' work in the field
• Original contributions of major significance
• Authorship of scholarly articles
• Critical employment in distinguished organizations
• High salary relative to others in the field

O-1B (Arts, Motion Picture, TV)

Lower bar for arts; for film/TV, comparable to O-1A. Evidence options:

• National/international critical acclaim
• Lead/starring roles in distinguished productions
• Box office, critical reviews, awards
• Major media praise of the work

O-2 Support Personnel

• Only available for O-1B (arts) or O-1 (athletics) essential support personnel
• Not available for O-1A (science, education, business)
• Filed concurrently with the principal O-1

E-1 Treaty Trader

• Beneficiary must be a national of a treaty country
• Engaged in substantial and continuous international trade
• U.S./treaty-country trade must constitute 50%+ of beneficiary's total trade
• Trade may include: goods, services, technology, banking, insurance, transportation

E-2 Treaty Investor (most common)

• Beneficiary must be a national of a treaty country
• Made a substantial investment in a U.S. business (no fixed minimum, but generally $100,000+ is persuasive)
• Investment must be at risk (committed and irrevocable)
• The U.S. enterprise must be a real, operating commercial enterprise—not marginal
• Beneficiary must direct or develop the enterprise (not a passive investor)

E Spouse

• Spouse may apply for E dependent status with automatic work authorization (no separate EAD needed)
• Unmarried children under 21 may apply as dependents (cannot work)

Treaty Country List

Common eligible countries: Taiwan, Japan, Korea, United Kingdom, Germany, France, Canada, Mexico, Australia, New Zealand. Mainland China and India are NOT treaty countries.

Eligibility Requirements

• Beneficiary must be a Canadian or Mexican citizen (PRs not accepted)
• Position must appear on the USMCA professional list
• Beneficiary holds the required degree or professional license
• U.S. employer offer letter

USMCA Listed Professions (~60 categories)

• Accountant, engineer, architect, lawyer
• Computer systems analyst, scientist, researcher
• Physician, pharmacist, registered nurse
• University teacher, technician, social worker
• Management consultant, economist

P-1A Internationally Recognized Athletes

• Individual or team at internationally recognized level
• Coming to compete or perform at the professional level in the U.S.
• Includes athletes, coaches, training staff

P-1B Internationally Recognized Entertainment Groups

• Group has at least 75% of members performing together for 1+ years
• Group has sustained international acclaim

P-2 Reciprocal Exchange Artists

• Under a reciprocal exchange program between U.S. and foreign artists/groups
• Example: musician union exchange programs

P-3 Culturally Unique Performers

• Performance is culturally unique, traditional, or ethnic art
• Coming to teach, develop, or interpret the art form

Eligibility Requirements

• Beneficiary has been a member of the same denomination for at least 2 years
• Will engage in religious vocation or occupation—clergy, religious teacher, ritual leader, missionary
• U.S. employer must be a qualifying nonprofit religious organization (IRS 501(c)(3))
• Will work at least 20 hours per week

Family

• R-2 spouse and unmarried children under 21 may join as dependents
• R-2 spouse cannot work (unlike H-4 or L-2)