Employment-Based Nonimmigrant

Employment-Based Nonimmigrant Visa Options

A common requirement under the Employment-Based Visa Category is the employer must perform due diligence to ensure that hiring foreign workers will not deprive U.S. workers of employment opportunities.

The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in specialty occupations that require at least a bachelor’s degree or the equivalent. For example, specialty occupations such as engineering, mathematics, health sciences, and technology often qualify.

The H-2A visa is a nonimmigrant visa category that allows U.S. employers to bring foreign nationals to the U.S. to fill temporary or seasonal agricultural jobs for which U.S. workers are not available.

The H-2B nonimmigrant visa category allows employers to temporarily hire nonimmigrants to perform seasonal nonagricultural labor or services (skilled and unskilled) in the United States.

The O-1 visa is available to individuals with an extraordinary ability (or achievement) who have reached the top of their field — whether it be in the arts, sciences, athletics, business, film, T.V., or education.
The P visa is a non-immigrant visa category that allows foreign nationals who are athletes, artists, and entertainers to enter the U.S. for a specific event, competition, or performance.
A non-immigrant visa category that allows Canadian and Mexican citizens to enter the U.S. to engage in certain professional activities on a temporary basis.

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