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B-1/B-2 visitor category is
granted to a foreign national who demonstrates that s/he has a residence in a
foreign country which s/he has no intention of abandoning and who is entering
the United States temporarily for business (other than for the purpose of study
or to perform skilled or unskilled labor, or as a representative of foreign
press, radio, film, or other foreign information media coming to engage in such
vocation), or to engage or participate in recreational activities.
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E-1/E-2 nonimmigrant treaty
trader and investor categories provide for the admission of nationals of a
foreign state, which has a treaty of commerce and navigation or a Bilateral
Investment Treaty (BIT) with the United States to enter the United States to
engage in activities relating to trade or investment. Spouses of E-1/E-2 visa
recipients are permitted to apply for work authorization in the United States.
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E-3
visa classification is available to foreign nationals from Australia entering
the United States solely to perform services in a specialty occupation. Spouses
of E-3 visa recipients are permitted to apply for work authorization in the
United States.
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H-1B
visa category applies to foreign nationals who are coming temporarily to the United
States to perform services in a specialty occupation that requires theoretical
and practical application of a specialized knowledge and the attainment of a
baccalaureate or higher degree or its equivalent in the specific specialty. The
employer of an H-1B visa applicant must file a labor condition application for
the foreign national which certifies that the employer will pay the prevailing
wage in the area of intended employment and the working conditions of similarly
employed U.S. workers will not be adversely affected.
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H-1B1
visa category
is available to foreign nationals from Chile or Singapore who are
coming to the United States temporarily to perform services in a specialty
occupation that requires theoretical and practical application of a body of
specialized knowledge and the attainment of a baccalaureate or higher degree or
its equivalent in the specific specialty. Recipients of the H-1B1 visa are not
required to first obtain approval of their visa petition from the U.S.
Citizenship and Immigration Services (USCIS) and can apply for their visa
directly at a U.S. consulate.
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H-2B
visa category
is granted to foreign nationals coming to the United States
temporarily to perform temporary services or labor. The employer must
demonstrate that: the request for labor certification is due to a one-time
occurrence, a seasonal need or an intermittent need, that there are no U.S.
workers able and willing to perform the temporary services or labor, and that
the employment of the foreign national will not adversely affect the wage rate
and working conditions of similarly employed workers in the United States.
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H-3
visa category applies to foreign nationals coming to the United States
temporarily in order to receive instruction and training from an individual or
organization. Specific restrictions and requirements apply to the type of
instruction and training permitted for this visa category. The foreign national
must demonstrate that the proposed training is not available in his/her home
country and the instruction and training is necessary to advance his/her career
outside the United States.
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J-1 visa category applies to
foreign students, research scholars, specialists, professors, medical interns
and residents, international visitors, and industrial and business trainees who
enter the United States to participate in a United States government approved
exchange visitor program for the purpose of acquiring training, experience,
conducting research, or teaching in a field of specialty. A United States
organization must obtain prior approval from the United States Department of
State (DOS) in order to be designated as a sponsor of an exchange visitor
program. A J-2 visa holder (spouse or
child of a J-1 visa recipient), is permitted to apply for work authorization in
the United States if s/he can demonstrate that his/her income is not necessary
to support the J-1 visa recipient.
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L-1 intracompany transferee
category may be granted to a foreign national who, within the three years
preceding the time of his application for admission to the United States, has
been employed abroad for one continuous year by a qualifying organization, and
who seeks to be admitted temporarily to the United States to be employed by a
branch, parent, affiliate, or subsidiary of the qualifying organization in a
managerial, executive, or specialized knowledge capacity. The spouse of an L-1
visa recipient, called an L-2, is
permitted to apply for work authorization in the United States.
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O-1 classification
may be
granted to a person who has extraordinary ability in the sciences, arts,
education, business or athletics, which has been demonstrated by sustained
national or international acclaim and who is coming to the United States for an
activity or event.
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TN is
a category pursuant to the North American Free Trade Agreement (NAFTA). Mexican
and Canadian professionals may seek temporary entry into the United States in TN
status to engage in business activities at a professional level.