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Classifications

The Immigration and Nationality Act provides several categories of nonimmigrant (temporary) visas for a person who wishes to work temporarily in the United States.

H-1B persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education (a bachelor’s degree or its equivalent). To petition, an employer must first obtain a certified Labor Condition Application (LCA) which is issued by the U.S. Department of Labor;

H-2A temporary or seasonal agricultural workers;

H-2B temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor;

H-3 trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children;

L intracompany transferees who, within the three (3) preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

O-1 persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;

O-2 persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;

P-1 individual or team athletes, or members of an entertainment group that are internationally recognized;

P-2 artists or entertainers who will perform under a reciprocal exchange program;

P-3 artists or entertainers who perform under a program that is culturally unique (same as P-1); and

Q-1 participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.

 





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