Employment-Based Nonimmigrant Visas (H-1B; E-2; L-1; O-1; P-1)
H-1B: Specialty Occupations
For professionals working in fields that require at least a bachelor’s degree or higher in a specialty occupation. Requires employer sponsorship and is subject to an annual lottery cap.
FAQs
- What is the H-1B cap? 65,000 regular cap + 20,000 advanced degree exemption.
- Can my spouse work? H-4 spouses can apply for work authorization if the H-1B holder has started green card steps (I-140 approved).
- Can I change employers? Yes, with an H-1B “transfer” petition.
- Is premium processing available? Yes, for faster adjudication.
Can I extend beyond 6 years? Possible if you have a pending or approved I-140 and visa backlogs.
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
E-2: Treaty Investor Visa
For nationals of countries with a treaty of commerce with the U.S. who invest a substantial amount in a U.S. business.
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
L-1: Intracompany Transfer Visa
For multinational companies transferring executives, managers, or specialized knowledge employees to a U.S. office or affiliate.
Eligibility Criteria
- The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate, or branch) with the foreign company.
- Applicant must have worked abroad for the company for 1 continuous year within the last 3 years.
- L-1A: Executives or managers.
- L-1B: Employees with specialized knowledge of company processes or products.
FAQs
- Can spouses work? Yes, L-2 spouses can obtain employment authorization.
- Do I need a college degree? Not required if experience meets managerial/executive/specialized knowledge standards.
- Is L-1 dual intent? Yes, you can pursue a green card while on L-1 status.
O-1: Individuals with Extraordinary Ability or Achievement
For individuals who have demonstrated extraordinary ability in their field (arts, sciences, business, athletics, or film/TV).
Overview
The O-1 is a temporary work visa for people who have risen to the very top of their field. It can be petitioned by a U.S. employer or an agent (useful for consultants, creatives, and multi-employer itineraries). Initial approval is up to 3 years, with 1-year extensions tied to ongoing work. No foreign residence requirement.
Who Qualifies
- O-1A: Extraordinary ability shown by a major, internationally recognized award (e.g., Nobel) or at least 3 out of the regulatory criteria (prizes; selective memberships; major media about you; judging others’ work; original contributions; scholarly articles; high salary; critical roles, etc.).
- O-1B (Arts) or O-1B (MPTV): Extraordinary ability in the arts, or extraordinary achievement in motion picture/TV; USCIS guidance clarifies how “arts” vs. “motion picture/TV” are categorized.
Key Requirements (evidence package)
- Advisory opinion (peer group/union/peer expert) in the field (required unless a narrow exception applies).
- Contracts (or deal memos) and itinerary outlining the events/engagements.
- Evidence that satisfies the O-1A or O-1B criteria above.
Process & Timing
- U.S. petitioner/agent files Form I-129 with O supplement and evidence.
- Upon approval, apply for the visa at a U.S. consulate (if abroad).
- Period of stay: up to 3 years initially; extensions in 1-year increments to complete/continue the work.
FAQs
- Can one agent cover multiple end-clients? Often yes, with proper agent paperwork and signed deals/itinerary.
- Premium Processing? Available for Form I-129 (separate USCIS fee).
- Dual intent? O-1 does not require foreign residence and is tolerant of immigrant intent compared to many categories (consult about timing if filing green card).
P-1: Athletes and Entertainers
For internationally recognized athletes, entertainers, and performing groups entering the U.S. for competition or performance.
https://www.uscis.gov/working-in-the-united-states/temporary-workers/p-1a-athlete