SILICON VALLEY GLOBAL
Destination USA US Non-Immigrant Visa Options
T
he following non-immigrant visa categories are often overlooked but worth considering when exploring US visa options: O-1 for business, J-1 for trainees and interns, H-2B for seasonal workers, H-3 for certain trainees, E-3 for Australians and TN for Canadians and Mexicans. The O-1 visa is an option for business people of extraordinary ability, i.e., those who have achieved a level of expertise which puts them at the very top of their field. Extraordinary ability must be demonstrated by sustained national or international acclaim. Receipt of a major international prize or award for excellence may suffice; alternatively, satisfaction of a number of criteria documenting success and renown in the relevant fields is required. J-1 Trainee visas for up to 18 months may be an option for foreign nationals who (i) have a degree and at least 1 year of prior related work experience outside the US, or (ii) 5 years of work experience outside the US in a relevant 10 | SILICON VALLEY GLOBAL
field. It is a training visa so the applicant must participate in a structured and guided work-based training program in the specific occupational field.
a career outside the US. Training must be in Commerce, Communications, Finance, Government, Transportation, Agriculture and other professions.
J-1 Intern visas for 12 months are an option for foreign nationals who are (1) currently enrolled in an accredited 3rd level institution outside of the US or (2) graduated from such no more than 12 months prior to the program begin date, and intend to participate in a structured and guided work-based internship program in the specific academic field in the US.
The H2B visa is available to fill a one-time occurrence or a recurring seasonal or peak load requirement. It must be shown that there are not enough US workers available to do the temporary work (though US workers who are already employed are disqualified) so it’s a substantial undertaking; nevertheless, this is a useful category for some industries.
J-1 IWT visas for Irish graduates are also processed as intern visas with an important difference: the visa may be issued prior to obtaining a US internship placement, so in effect it allows graduates to travel to the US with visa in hand to look for a placement. The H-3 visa allows foreign nationals to enter the US for up to 2 years to receive training which is not available in their home country and which is necessary for advancement of
Finally, for those fortunate enough to have an Australian passport, E-3 professional visas are an option, while Canadians and Mexicans may apply for a TN professional visa. A big advantage over H-1B is that the E-3 quota is never reached while TN is not subject to quota. O’Brien and Associates is a US business immigration law firm with offices in New York and Ireland. For further information or to contact us regarding your US visa options please visit www.obrienandassociates.com.