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What Is The Difference Between Nonimmigrant and Immigrant Work Visa?
An immigrant work visa and a nonimmigrant work visa are both categories that allow individuals to work legally in the United States, but they differ in terms of intent, duration, and eligibility for permanent residency.
What is an Employment Visa?
An employment visa in the USA is a type of visa that allows a foreign national to work in the United States for a specified period of time. These visas are usually issued by the US Department of State and can be obtained through an employer or directly from the government.
Depending on the type of visa, foreign nationals may be able to obtain permanent residence or may need to renew their employment visa every year. An employer must demonstrate that they are unable to find a suitable American worker to fill the position, and that hiring a foreign national will not have an adverse effect on the US labor market before a visa can be approved. It is important for employers and foreign nationals alike to understand all applicable laws in order to comply with necessary requirements.
Nonimmigrant or Temporary Work Visas
There are many different employment-based nonimmigrant visa categories that allow employers to hire and petition for foreign nationals to work in specific jobs for a limited or specific period of time, depending on the visa category. These visas typically do not lead directly to permanent residency (a green card), although some may offer the option to apply for one.
Other nonimmigrant visa categories, such as the E2 investment visa, allow the foreign national to invest in a business in the United States.
Should your employment-based visa not fall into the categories below, let Ms. Fakhre provide you with the appropriate legal options available to you to resolve your matter. Our employment visa attorney can help you every step of the way.
Examples of common temporary work visas include:
- B-1: for temporary business visitors
- E-1: Treaty Traders
- E-2: Treaty Investor
- E-3: Certain Specialty Occupational Professionals from Australia
- H1-B: Professional Worker Specialty Occupations
- L-1: for intracompany transferees
- L1-A: Executives or Managers
- L1-B: Specialized Worker
- O-1: for workers with extraordinary abilities
- O-1A: Individuals with Extraordinary Ability in the Sciences, Education, Business, or Athletics
- O-1B: Individuals with Extraordinary Ability in the Arts or in the Motion Picture or Television Industry
- P-1: those working in the entertainment industry or within athletic groups
- P-1A: Members of an Athletic Team or Internationally Recognized Athlete
- P-1B: Members of an Internationally Recognized Entertainment Group
- P-2: Individual Performer or Part of a Group Entering to Perform on a Reciprocal Exchange Program
- P-3: Artist or Entertainer Coming to Be Part of a Culturally Unique Program
- Q-1: Cultural Exchange Visitor
- R-1: Temporary Nonimmigrant Religious Workers
- TN / NAFTA: Canadians or Mexicans Who Work in Certain Occupations as Part of the NAFTA Treaty
Immigrant or Permanent Work Visas
An immigrant work visa is part of the path to permanent residency in the U.S. It is designed for individuals who intend to live and work in the country on a long-term basis. A foreign national can become a legal permanent resident based on a self-petition Employment or Investment. Self-petitions are available to individuals with extraordinary ability or those who have been granted a National Interest Waiver. Our employment visa lawyer can help you navigate your petition to secure your future.
Immigrant work visas, such as the employment-based EB-2 and EB-3 categories, require sponsorship by a U.S. employer and usually involve a multi-step process. They often lead to a green card, which grants the holder permanent residency status and the ability to live and work in the U.S. indefinitely.

Each type of visa has its own eligibility criteria, application process, and benefits, so it's crucial to carefully consider your goals and circumstances when choosing the appropriate visa category. Consulting with an Jacksonville work visa attorney can help you navigate the complexities of these visa options and make informed decisions based on your individual situation.
What Is The B-1 Visa?
A B-1 visa is a temporary business visa that allows individuals to visit the United States for short periods of time for business-related purposes. It is specifically designed for those seeking to engage in a range of business activities, such as attending meetings, conferences, negotiations, or participating in professional events.
Applying for a B-1 visa involves submitting a detailed application and attending a visa interview at a U.S. embassy or consulate. To ensure that you are eligible for this visa and there are no delays in your application, be sure to speak with a skilled Jacksonville business visa lawyer at The Law Office of Joanne M. Fakhre, P.A..
What Is The O-1 Visa?
The O-1 visa is a temporary work visa designed for individuals with extraordinary abilities or achievements in specific fields. It allows foreign nationals with exceptional skills in sciences, education, business, athletics (O-1A), or extraordinary achievement in arts, entertainment, or media (O-1B) to work temporarily in the United States.
The visa allows "dual intent," enabling holders to pursue both temporary work and future permanent residency.
Key features include:
- Sponsorship by a U.S. employer or agent
- Temporary stay for up to 3 years initially with possible extensions
- Absence of a numerical cap on visa issuance
The O-1 visa application involves a comprehensive petition with evidence of extraordinary ability. Due to its intricacies, many applicants may seek assistance from an experienced O visa attorney or temporary work visa attorney to navigate the process successfully.
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