When the local labor market appears tapped out, employers of all shapes and sizes often explore opportunities to sponsor foreign national workers as part of the solution to address workforce challenges. At Koley Jessen, we are dedicated to facilitating a wide spectrum of immigration-related services, including applications for nonimmigrant visas. These visas are designed for individuals who intend to enter the United States for a temporary period, whether for business, education, tourism, or temporary work. Unlike immigrant visas, which are for those seeking permanent residency, nonimmigrant visas do not necessarily lead to citizenship and are not intended for those looking to permanently relocate to the United States. Nonimmigrant visas are issued based on a specific category and duration, tailored to the visa holder’s purpose of visit, and must be in accordance with U.S. immigration laws.

Nonimmigrant Visa Categories

H-2A

The H-2A visa is a nonimmigrant visa program designed for foreign nationals to enter the country for temporary agricultural work. This program is a response to the occasional shortage of domestic agricultural workers, allowing U.S. employers to bring in workers from other countries for specific seasonal jobs within the agricultural industry. These jobs can range from planting and harvesting crops to other agricultural labor needs that are tied to a season or a temporary period, typically not exceeding one year.

H-2B

The H-2B visa is a nonimmigrant visa program that allows employers to hire foreign nationals for temporary nonagricultural jobs where there are not enough U.S. workers available to fill the temporary positions. The visa covers a range of employment types, including seasonal, peak load, and intermittent work, or for a one-time occurrence. Many industries use the H-2B visa category including construction, landscaping, housekeeping, and any non-agricultural temporary need. The program is capped at a certain number of visas each fiscal year and has been so popular that Congress has given the U.S. Department of Labor and the U.S. Department of Homeland Security the ability to issue additional visas under certain circumstances.

TN

The TN visa is a nonimmigrant classification that allows citizens of Canada and Mexico, as part of the United States-Mexico-Canada Agreement (USMCA), to work in the U.S. in certain professional occupations. Eligible professionals must have a prearranged job with a U.S. employer and meet specific qualifications to practice their profession. TN status can be granted for up to three years and is renewable. Canadian citizens can apply for TN status at a U.S. port of entry, while Mexican citizens must obtain a visa at a U.S. consulate before seeking entry.

H-1B

The H-1B visa category permits the employment of foreign nationals in “specialty occupations” for an initial period of up to three years. Generally, an occupation must require at least a bachelor’s degree (or its equivalent) in one or more closely related fields of study as the minimum educational requirement for entry into the occupation in order to be classified as an “H-1B caliber” occupation. Although the number of H-1B visas issued each year is limited, and there are restrictions regarding an individual’s total period of stay in H-1B status, H-1B visas are potentially the most versatile and businesses of all types may be able to utilize this visa program. Employers often use this as a path to an employer-sponsored immigrant visa.

L-1

An L-1 visa is a nonimmigrant visa that allows companies to transfer certain employees from their foreign operations to their U.S. offices. This category is available for managers and executives (L-1A) or employees with specialized knowledge (L-1B). To qualify, the employee must have worked in a qualifying position for an appropriately-related company abroad for at least one continuous year within the three years prior to their transfer to the U.S. The L-1 visa can also be used by a foreign company seeking to establish a new office in the U.S.

O-1

The O-1 visa is a nonimmigrant visa for individuals who demonstrate extraordinary ability in their field, which includes sciences, arts, education, business, or athletics, as well as those with a record of extraordinary achievement in the motion picture or television industry. This visa allows such individuals to work in the U.S. in their area of expertise. There are two subcategories: O-1A for sciences, education, business, and athletics, and O-1B for the arts, motion pictures, and television. To qualify, applicants must show a level of skill and recognition that sets them apart from their peers, indicating they are among the top in their field.

Should you have any inquiries regarding these nonimmigrant categories or any others, we encourage you to reach out to a member of Koley Jessen’s Immigration team. Our knowledgeable staff is ready to provide you with the necessary assistance and guidance to meet your labor needs.

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