Temporary Visas

J-1 Visa

The J-1 visa classification is designated for foreign citizens participating in the Exchange Visitor Program. The primary purpose of the J-1 visa is to promote mutual understanding and the sharing of knowledge in the fields of education, arts, and science between the United States and other countries. The programs included in the J-1 Visitor Exchange Program include teaching, lecturing, studying, conducting research, consulting, demonstrating special skills, receiving training, and receiving graduate medical education or training.

The first step of the J-1 process is to register with the Educational Commission for Foreign Medical Graduates (ECFMG). The ECFMG will then send a DS-2019 form to the applicants sponsoring agency. The applicant files their DS-2019 form with The U.S. Department of State at a U.S. Embassy or Consulate. Once approved the duration of a J-1 visa and employment authorization is dependent on the program category. J-1 visa holders are subject to Section 212(e) of the Immigration Nationality Act, or the “Foreign Residency Requirement,” where they must return to their home country before they can obtain an H-1B visa or Green Card. J-1 visa holders can receive a J-1 Waiver to avoid this requirement.

J-2 Visa

Spouses and unmarried children under 21 of J-1 visa holders are automatically eligible for J-2 visas. With a J-2 visa family members can come to the U.S. with the J-1 visa holder and spouses can apply for employment authorization subject to specific conditions.

H-1B Visa

The H-1B visa is a temporary work visa, specifically designed to allow U.S. employers to employ foreign nationals in specialty occupations temporarily. It allows for the employment of individuals with specialized knowledge and skills in fields such as information technology, medicine, engineering, and other sectors that require a bachelor’s degree or higher level of expertise. The employer is required to pay the H-1B applicant at least the prevailing wage for the position, file a Labor Condition Application (LCA), and comply with all U.S. labor laws. The employee must provide documentation for the education and professional certifications required for the position. H-1B visas are issued in increments of up to three years at a time with a six-year limit unless the applicant meets certain requirements. The six-year limit can be reset if the applicant leaves the U.S. for one year.

Australian citizens in specialty occupations applying for a temporary work visa in the U.S. can apply for an E-3 visa. The process for the E-3 visa is similar to the H-1B, but applicants are only required to complete the first part of the process, the LCA. Spouses of E-3 holders will instead apply for E-3S visas, which allow them to work anywhere, for any employer, at any rate of pay without needing an EAD card. Unlike H-1B visas, E-3 visas can be renewed every two years indefinitely.

H-4 Visa

The H-4 visa allows spouses and unmarried children under 21 of H-1B visa holders to live in the U.S. Spouses of H-1B visa holders on an H-4 visa may be able to apply for employment authorization in the U.S. Dependents on H-4 visas are not permitted for employment under any circumstances, but can study in the U.S. H-4 visas are valid for the duration of the H-1B visa holder’s status.

F-1 Visa

The F-1 visa permits foreign nationals to enter the United States for the primary purpose of pursuing a full-time academic program at an accredited educational institution and obtaining a degree or completing an educational course of study. The applicant must be accepted by a Student and Exchange Visitor Program (SEVP) certified U.S. institution that is authorized to enroll international students.

They must be enrolled in a full-time course of study leading to a degree or other recognized educational objective.

The applicant must demonstrate sufficient financial resources to cover tuition, living expenses, and other costs during their stay in the U.S. without the need for employment. F-1 visa holders are authorized for on-campus employment and in some cases, specific off-campus employment related to their field of study. They must also prove their intent to return home upon the completion of their U.S. education.

F-2 Visa

The F-2 visa allows spouses and unmarried children under 21 of F-1 student visa holders to reside in the United States. F-2 visa holders are not permitted to work in the U.S. F-2 spouses may study part-time, and F-2 children may attend school full-time. F-2 visas are valid for the duration of the F-1 visa holder’s status.

L-1A Visa

The L-1A visa facilitates the movement of high-level personnel within the same organization by allowing multinational companies to transfer executives or managers from their foreign offices to their U.S. offices, or to open new U.S. offices. The applicant must be an executive or manager employed with the company outside the U.S. for at least one year within the last three years. The U.S. company must have a qualifying relationship with a foreign company (parent, subsidiary, affiliate, or branch) and be doing business in the U.S. and at least one other country.

L-1B Visa

The L-1B visa allows multinational companies to transfer employees with specialized knowledge of their company’s products, services, techniques, or procedures, from their foreign offices to their U.S. offices. The applicant must have been employed with the company abroad for at least one year within the last three years in a role requiring specialized knowledge.

L-2 and L-2S Visas

L-2 visas allow unmarried children under 21 of L-1 visa holders to reside in the United States. Dependents are permitted to attend school in the U.S. on L-2 visas. Spouses of L-1 visa holders receive L-2S visas, which gives them authorization to live and work in the U.S. L-2 and L-2S visas are valid through the duration of the L-1 visa holder’s status.

TN Visa

The TN visa allows qualified Canadian and Mexican Citizens to seek temporary entry into the United States for professional employment under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. The USMCA has a list of eligible occupations for TN visas including but not limited to nurses, accountants, engineers, lawyers, scientists, and teachers. To fulfill the requirements for a TN visa the applicant must have prearranged full-time or part-time work with a U.S. employer that requires a USMCA professional.

TD Visa

Spouses and unmarried children under 21 of TN visa holders are eligible to receive TD visas. Those with a TD visa are not permitted to work in the United States but are allowed to study. Mexican citizens are required to apply for their TD visas at a U.S. embassy or consulate before coming to the U.S. Canadian citizens can apply for TD visas at the border as long as they can prove their Canadian citizenship and relationship to the TN visa holder. TD visas are valid through the duration of the TN visa holder’s status.

B-1 and B-2 Visas

The B-1 Visitor visa allows foreign nationals to enter the United States temporarily for business purposes, such as attending meetings, negotiating contracts, short-term training, and educational, professional, or business conventions. To be eligible for this visa the applicant must prove their visit is for business purposes and that they have sufficient funds to support their visit because employment is not permitted under a B-1 visa.

The B-2 Visitor visa allows foreign nationals to visit the United States temporarily for tourism, leisure, or medical treatment. The applicant must prove the intention for their visit is temporary and not employment or permanent residence, and that they have sufficient funds to support their visit. B-2 visas can generally be granted for up to six months. B-1 and B-2 applicants must prove they have a foreign residence that they have no intention of abandoning and strong ties to their home country, to ensure their visit to the U.S.

Sherman Immigration is here to assist you with any temporary visa needs. Contact us to find out which visa category is the best for you.