The H-1B visa classification has been a bone of contention lately. However, there are some other work-visa options too that are available for nonimmigrant foreign workers.
The year 2017 has witnessed several anxieties over the fate of H-1b visa, the most popular work visa program for skilled foreign workers. However, there are some other visa options too that can be considered by nonimmigrants. The US Citizenship and Immigration Services (USCIS) lists these visa classifications that include L, O, F1, M1, R1, TN, and E1 or E2.
L – This visa category is suitable for those who are working in a company in their home country and want to work in the US by transferring to the company’s US branch. Such employees can be transferred to the US under two visa options: L-1A and L-1B. L-1A is for the intracompany transferees in managerial or executive positions. The applicant can bring his/her spouse and children on the L-2 visa.
The L-1B is for the intracompany transferees in positions utilizing specialized knowledge. The spouses and children of L-1B visa holders can accompany them on L-2 visas. The spouses and unmarried children (under 21 years of age) are allowed to apply for employment authorization, the USCIS website specifies.
O – This category is for individuals with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production. The primary applicant can come on O-1 visa and people who travel to assist an O-1 visa holder can come to the US on O-2 visa. Spouses and children of both O-1 and O-2 visa holders can accompany them on an O-3 visa. The O-3 visa holders are not eligible to work but can engage in a full or part-time study on this visa.
F-1 and M-1 – These visas are for foreign students who want to come to the US for studies. Students who want to do academic studies and/or language training programs can apply for the F-1 visas. If a student wants to join a nonacademic or vocational course, he can go for an M-1 visa. To obtain the F-1 and M-1, the students have to get a Form I-20 from a certified school in the US. The foreign student can then work under certain conditions. Several employment options include on-campus employment, curricular practical training, off-campus employment based on severe economic hardship, employment sponsored by an international organization, and optional practical training. Spouses and children of F-1 visa holders may accompany on F-2 visas.
M-1 students, however, may only work if the employment is part of a practical training program after completion of their course of study. Spouses and children may accompany the M-1 visa holders on an M-2 visa.
Dependents of both visas, F-1 and M-1, are not eligible to work in the US.
R-1 – This visa category is suitable for a foreign national who is coming to the United States to be temporarily employed as a minister or in another religious vocation or occupation at least part-time (minimum 20 hours per week). The employment should be by a non-profit religious organization in the US, or a religious organization that is authorized by a group tax exemption holder to use its group tax exemption, or a non-profit religious organization that is affiliated with a religious denomination in the United States.
Spouse and children (below the age of 21) of R-1 visa holder are eligible for R-2 visas. The R-2 visa holders are not authorized to accept employment.
TN – This visa classification can be used by North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to apply for temporary entry into the country to engage in business activities at a professional level. Among those eligible are professionals such as accountants, engineers, lawyers, pharmacists, scientists, and teachers. Spouses and children of TN visa holders are not permitted to work in the US but can study in the country.
E – This visa classification is further divided into three categories – E-1, E-2, and E3. The E-1 visa is for nationals of a country which maintains a treaty of commerce and navigation with the US. The applicant is admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such an individual or qualifying organization are also eligible for this classification. Spouses and unmarried children (under 21 years of age) can accompany as dependents. Spouses of E-1 workers can apply for work authorization.
E-2 classification is for treaty investors. Under this, a national of a treaty country may be admitted to the US when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization are also eligible for this classification. The spouses and unmarried children (under 21 years of age) can accompany the investors and employees as dependents. E-2 spouses, too, can apply for work authorization.
E-3 classification is only for nationals of Australia who want to come to the US to perform services in a specialty occupation. To be eligible the beneficiary must have a job offer in the US and should possess the necessary academic or other qualifying credentials.
It should be noted that only few nonimmigrant classifications allow a foreigner to work in the country without an employer having first file a petition on his/her behalf. These visa classifications include E-1, E-2, E-3, TN and in some cases the F-1 and M-1 visa holders, according to USCIS website.