Temporary Visas for Immigration

L-1 Visas for Intra-Company Transferees

An L-1A nonimmigrant visa classification permits a U.S. employer to transfer an employee who is working in an executive or managerial capacity from one of its affiliated foreign offices to one of its offices in the United States. An L-1A visa also allows a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S. in order to establish one.

The L-1B nonimmigrant visa classification permits a U.S. employer to transfer a professional employee with specialized knowledge that relates to the organization’s interests, from one of its affiliated foreign offices to an office in the United States. The L-1B visa also allows a foreign company that doesn’t yet have an affiliated U.S. office to send an employee with specialized knowledge to the U.S. for the purpose of establishing one.

An employee who comes to the United States to establish a U.S. office of a foreign affiliate is allowed a maximum initial stay of one year.  All other qualified employees are allowed a maximum initial stay of up to three years.  An L-1A employee may be granted an extension in increments of up to two years. The maximum amount of time an L-1A visa holder can stay in the United States is seven years. An L-1B visa holder can be granted an extension in increments of up to two years and is allowed to stay in the United States for a maximum of five years.

Two types of L-1 visas are available to qualifying organizations, an Individual L-1 visa, and a Blanket L-1 visa. For Individual L-1 visas, an employer files an individual petition on behalf of the employee with the USCIS. For Blanket L-1 visas, an employer files a blanket L petition with USCIS. This gives them the flexibility to transfer eligible employees quickly because they don’t have to file an individual L petition for each employee. If the blanket L petition is approved, then generally the employee only needs to file a shortened version of the L-petition, and submit a copy of the approved blanket petition notice, along with any applicable supporting documents, to the U.S. consulate or embassy.

Spouses and unmarried children under the age of 21 who wish to accompany the principal L-visa holder for the duration of their stay in the United States can seek to enter the country using an L-2 visa. Spouses of L-1 visa holders can also seek authorization to work in the United States.

O-Visas for Persons with Extraordinary Ability, Cultural Exchange Visitors

An O-1 temporary work visa is available to foreign nationals who possess extraordinary abilities in the sciences, arts, education, business, or athletics. These abilities must be proven by sustained national or international acclaim and the O-1 applicant must be entering the United States temporarily to continue working in their area of extraordinary ability. O-1 visas are also available to foreign nationals who have demonstrated extraordinary achievement in the television or motion picture industry.

An O-2 visa allows essential support personnel to an O-1 visa holder to temporarily enter the United States to assist the O-1 visa holder. The assistance must be for a specific athletic or artistic event, or in the motion picture or television industry. O-2 visas are not available for foreign nationals who accompany or assist O-1 visa holders in education, science, or business. Also, the O-2 visa applicant must be an essential part of the O-1 visa holder’s actual performances or events and must also have critical skills and services for the O-1 visa holder that he himself, and others as well, do not have. With respect to film and television production, the O-2 visa applicant must also have a longstanding working relationship with the O-1 visa holder that is essential to the successful completion of a production that is taking place both inside and outside the United States.

Spouses and dependent children who wish to accompany an O-1 or O-2 visa holder are eligible to apply for an O-3 visa.  The O-3 visa holder may not work in the United States but can engage in full-time or part-time academic studies.

P-Visas for Performing Artists and Athletes

The P-visa category is a temporary work visa for foreign athletes and entertainers and is divided into four different classifications.

A P-1 visa is for foreign athletes, entertainers, and artists who are coming to the United States on a temporary basis to perform at a specific event, engage in a specific performance, or take part in a specific competition. The competition can be an individual event or a team event and the performance must be at an internationally recognized level. P-1 visas are also available to foreign nationals entering the United States to perform with an entertainment group that has been recognized internationally for being outstanding in a particular area so long and as long as the applicant has had a sustained and substantial relationship with the group for a significant period of time, generally considered to be at least one year.

A P-2 visa is for artists or entertainers who are coming to the United States on a temporary basis as part of a government recognized reciprocal exchange program.  The program must be between organizations in the United States and organizations in one or more foreign states.

A P-3 visa is for artists or entertainers who are coming to the United States on a temporary basis to perform, teach, or coach under a program that is culturally unique.

The spouses and unmarried minor children of a P-1, P-2, or P-3 visa holder may obtain a P-4 visa to follow the principal visa holder to the United States. The P-4 visa holder cannot work without receiving authorization but can engage in full-time or part-time academic studies.