* B-1 Temporary Visitor for Business
May be granted for up to 6 months with the possibility of an extension, for up to 6 months.

* B-2 Temporary Visitor for Pleasure
Same restrictions apply as for B-1.

* C-1 Alien in Transit
Aliens traveling to another country and temporarily traveling through the United States.

* D Crewmen
Permitted to stay 29 days; no extensions are permitted.

* E-1 Treaty Trader, spouse and children
Permits one to conduct substantial trade between the U.S. and home country where one is a national or a citizen. Trade includes services, technology, banking, insurance, transportation, communications, engineering, management consulting, etc. Valid for one year and may be extended. Not all countries have a treaty with the United States.

* E-2 Treaty Investor, spouse and children
Permits investor and/or certain employees of a qualifying entity to direct and develop the operations of an enterprise where the investor or entity has invested a substantial amount of capital. Such investment may not be made solely to earn a living. Usually valid for one year and may be extended.

* E-3 Australian Specialty Occupation Workers
Permits certain nationals of Australia to work in specialty occupations. Valid for an initial period of 2 years and may be extended in 2-year increments.

* F-1 Student
Permits one to pursue a full-time course of study at a university, college, high school, academic institution, or language program in the United States. Valid for the duration of stay to complete studies. Must initially have sufficient financial support to pay fees (e.g., tuition, living expenses) and stay without the necessity of working. Special rules permit work off campus under certain circumstances. Spouse and children can apply for F-2 status. Students interested in pursuing education in the United States should initially contact a Foreign Student Advisor at the subject institution for more detailed information.

* H-1B Specialty Occupation
Permits certain persons in specialty occupations to work when the person possesses the credentials necessary to enter those specialty occupations. Must obtain attestation from the Department of Labor (DOL) before petition can be filed. Visa may be granted up to a maximum initial period of 3 years with extensions of stay up to a maximum of 3 additional years. However, under certain circumstances, additional extensions may be granted.

“H-1B Workers,” as they are commonly known, are temporary non-immigrant workers at a professional level or above. By law, a U.S. employer seeking to hire a foreign worker in this category must guarantee certain things, including: (1) the worker will be paid at or above the rate paid for a similar position at the employer’s own offices or at those of their local competitors; (2) the foreign worker will not “adversely affect” the working conditions of his/her U.S. colleagues; (3) his/her U.S. colleagues will be given notice of the alien’s presence among them; and (4) there is no strike or lockout at the worksite. The employer must demonstrate also that the position is one requiring a professional in a specialty occupation (i.e., requiring a minimum of a bachelor’s degree) and that the intended employee has the required qualifications.

There is a detailed enforcement system in place to identify and punish those who do not comply with these requirements. The punishments include repaying salaries to the foreign workers if found that they have been underpaid, as well as debarment from immigration programs for 2 years.

The category is limited by statute to no more than 65,000 new admissions each year. However, the H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, made available an additional 20,000 new H-1B visas for foreign workers with a master’s or higher level degree from a U.S. academic institution. Recent changes in the law have led to a dramatically increased demand for H-1B temporary non-immigrant workers. Prior to the passage of the Immigration Act of 1990, there was no cap on the number of H-1B workers allowed to enter the country. Because of the increased number of jobs in our country, many of which rely on new or innovative technologies, the cap was reached for the first time before the end of fiscal year 1997. Current projections strongly suggest that the cap will continue to be reached, but earlier and earlier in each future fiscal year.

* H-2A Agricultural Worker
Permits temporary workers performing agricultural labor or services of a temporary or seasonal nature to work. Requires a temporary labor certification. The H-2A may be granted for an initial period of 1 year; extensions may be granted in increments of 1 year for a maximum of 3 years.

* H-2B Temporary Services of Labor
Permits temporary non-agricultural workers performing other temporary services or labor to work in the United States. Same rules as H-2A. Limit of 66,000 visas per year.

* H-3 Trainee
Permits temporary workers invited to the United States to receive training or instruction that is not designed primarily to provide productive employment. There are general H-3s, and those coming for special education training. Training must not be available to an alien at home. The trainee may not be placed in a position that is in the normal operation of the business and that would displace a U.S. worker. The trainee may not be productively employed except as incidental to training.

* J-1 Exchange Visitor
Permits admission of trainees, students, scholars, professors, and researchers who participate in a designated exchange program. Valid for the duration of stay as indicated on form DS-2019 plus a 30-day grace period. May require 2-year foreign residency before an alien can qualify for permanent residence. Spouse and children qualify for J-2 status and are subject to any foreign residency requirements. Complicated waivers of the foreign residency requirement may be available.