Nonimmigrant visas allow temporary work in the US. The period of time allowed may be capped at a number of years (H1b and L1), or it may be extendable indefinitely (E1, E2, E3, H1b1, O1, and TN). Although none of these visas lead to permanent residence (a “green card”), some are “dual intent” (H1b, L1, and O1), allowing a green card application to be filed while a person is also pursuing a nonimmigrant visa. Others are “nonimmigrant intent” (E1, E2, E3, H1b1, and TN). Because these require the holder to show she intends to leave the US when her nonimmigrant status expires, they may be complicated by a concurrently-filed green card application.
E Treaty Trader or Investor VisaThe E visa is available to citizens of countries with which the US has a trade/investment treaty. The holder of an E visa may live in the US in order to conduct trade between her country and the US, or in order to run a company in which she has invested. Employees of a company that is majority-owned by citizens of a treaty company may be able to obtain E visas as employees of the company. For an E investor visa, funds invested may come from any legal source, including gifts. This can be advantageous to some startup founders, who may be able to structure angel or VC funding in such a way that it can be used to qualify the founder for an E visa. The E visa may be granted for an initial stay of up to two years, and may be extended indefinitely in two-year increments.
H1b Specialty Occupation Visa
The H1b visa is for people with job offers in “speciality occupations” normally requiring at least a bachelor’s degree in a particular field for entry. A startup founder or cofounder may be able to be sponsored by her company for an H1b if she can show the company itself has control over her work and the ability to hire and fire her. The H1b is valid for an initial period of up to three years, but may be extended for up to a maximum of six years. It is a dual intent visa, meaning a person can have a green card petition pending while applying for or holding an H1b without issue. In fact, in many cases, an H1b holder with a pending employment-based green card petition will be eligible to extend his H1b visa indefinitely until the green card process is complete. The downside of the H1b is that demand currently far outstrips the annual limit of 65,000 in the general pool + 20,000 for workers with master’s degrees.
H1b1 Specialty Occupation Visa for Chileans and Singaporeans
Every year a certain number of a special type of H1b visas are reserved for citizens of Chile and Singapore. This is the H1b1 visa. It provides Chileans and Singaporeans with more flexibility, allowing them to apply for the visa at any point during the year and avoid the H1b1 lottery in April. It also does not have a six-year limit, like the H1b, and instead may be extended indefinitely. Unlike the H1b, however, the H1b1 it is not dual intent.
E3 Specialty Occupation Visa for Australians
The E3 visa has all the same requirements of the H1b visa, but is reserved specifically for citizens of Australia. It provides Australians with and H1b-level job offer and skill set with more flexibility, allowing them to apply for the visa at any point in the year and avoid the Hb1 lottery in April. It also does not have a six-year limit, like the H1b, and instead may be extended indefinitely. Unlike the H1b, however, the H1b1 it is not dual intent.
O1 Extraordinary Ability Visa
The O visa is available for individuals of “extraordinary ability” in the sciences, arts, education, business, or athletics. It may be granted for an initial stay of up to three years, with an indefinite number of one-year extensions being allowed as needed to complete the project for which the O1 holder was admitted. The O1 is a dual intent visa, meaning the holder is allowed to have a green card petition pending while on the O1 visa. While the bar is very high for showing extraordinary ability in business, it is markedly lower for the field of arts, making the O1 visa a viable option for fields involving a creative element.
L1 Intracompany Transferee Visa
The L visa is for managers, executives, or certain key employees who have worked for a company outside of the US for at least one year and now seek employment with a branch, parent, affiliate, or subsidiary of the same employer inside the US. This status can be extended for a maximum of seven years, and is a dual intent status, meaning the holder is allowed to have a green card petition pending while on the L1 visa. Since there is no annual cap on the number of L1s that can be issued, this visa can be a better alternative to the H1b for founders and critical employees of companies that were started abroad.
TN Visa for Canadian and Mexican Professionals
Canadian and Mexican members of certain professions listed in NAFTA may be able to take advantage of the flexible TN visa option. This list includes accountants, medical professionals, computer systems analysts, teachers, engineers, graphic designers, scientists, and more. The TN can be issued for an initial period of up to three years and can be extended indefinitely thereafter. There is no cap on the number of TNs that can be issued in a given year, making it an excellent alternative to the H1b for Mexican and Canadian citizens. The TN, however, unlike the H1b, is not a dual intent visa, so you should talk to an immigration attorney before filing a green card petition for someone who currently hold or hopes to apply for a TN. It also has very strict rules against self-employment. A startup founder hoping to have his company sponsor him for a TN visa should discuss the possibilities and limitations of this route with an immigration attorney.