Visa Holder Duration Work Restrictions. For as long as the person is recognized by the Secretary of State as being entitled to the status.

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Lee Bailey
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1 Checkpoint Contents Payroll Library Payroll Guide Explanation and Analysis International Payroll Considerations Quick Reference Charts 21,020 Visa designation descriptions 21,020 Visa designation descriptions The following quick reference chart explains the various classes of visas, providing a description of who is eligible to receive a specific visa and whether that individual is eligible to work in the United States. See 21,200 for the tax treatment of nonresident aliens working in the United States and 20,370 et seq. for issues related to the Immigration Control and Reform Act (IRCA). For a more complete discussion of those visa classes that have work authorization, see 20,390 [ 8 CFR ; 8 USCS 1101(a)(15)]. Visa Class Visa Holder Duration Work Restrictions A-1 Ambassador, public minister, or diplomatic or consular officer from a country recognized by the U.S., and members of their immediate families. For as long as the person is recognized by the Secretary of State as being entitled to the status. Dependents of principal A-1 or A-2 nonimmigrants may work if allowed by the Dept of State. Employer and applicant apply on Form I-566. A-2 Foreign officials and employees and members of their immediate families. Same as A-1. Same as A-1. A-3 Attendants, servants, personal employees, and members of their immediate families, of the officials who have status as A-1 or A-2 nonimmigrants. 3 years initially, with 2-year extensions. Application for extension must include statement that employer plans to continue employing the applicant and describing the work to be performed. Dependents or family members of A-3 nonimmigrants may not work in the U.S. B-1 Temporary visit for business. 1 year, with extensions in 6-month increments. May not be employed in the U.S. but may receive per diems and expense reimbursements. B-2 Temporary visit for pleasure. 6-month minimum, with waivers available. ; may not receive per diems and expense reimbursements. C-1 Transit without visa privilege for nondiplomats traveling through the U.S. on route to another country. 8 hours from time of arrival. C-2 Individuals in transit to and from the United Nations Headquarters District. Unlimited. C-3 Alien diplomats in transit through the U.S. 29 days. No extension is permitted.

2 D-1 Foreign crewmen on an aircraft or sea vessel. May work only as a crewman on the vessel arrived on or on a vessel of the same transportation company. See 20,390 for more restrictions. D-2 Alien crewman on a fishing vessel with U.S. home port, who intends to land temporarily in Guam. Same as D-1. E-1 Traders (and their spouses and children) in the country solely to carry on substantial trade between the U.S. and the person's foreign state. 1 year initially, with extensions in 2-year increments. Treaty traders may work in the U.S. only for their sponsoring employers. Dependents may not work in the U.S. E-2 Investors (and spouses and children) in the U.S. to direct an enterprise in which he has invested, or in which he will invest, a substantial amount of money. Same as E-1. Same as E-1. E-3 Nonimmigrant nationals of Australia coming to the United States to perform services in a specialty occupation. Spouses and children of E-3 visa holders may also enter the country on an E-3 visa. Visa can be renewed indefinitely. However, the visa may be rejected if the holder has expressed an intent to immigrate to the U.S. May work for the sponsoring employer. Must be working in a field that requires "theoretical and practical application" of a body of knowledge obtained at at least the bachelor's degree level or its equivalent. F-1 Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs. For as long as the student pursues a full course of study at an education institution approved by the USCIS or engages in authorized practical training following completion of studies. After that time, the individual has an additional 60 days to prepare for departure from the U.S. May work in the U.S. under specific restrictions. See 20,390. F-2 Spouse and children of an F-1 student. G-1 Designated principle resident representative of a foreign government that is a member of an international organization (e.g., United Nations), staff members, and family members. For as long as the individual is recognized by the Secretary of State as being entitled to the status. Dependents may be authorized to work dependent upon whether foreign state allows dependents of U.S. officials to work. Work authorization is granted in 3-year increments. G-2 Other accredited government representatives and the members of their immediate families. Dependents or family members may not be employed in the U.S. G-3 An alien (or members of his immediate family) able to qualify for G-1 or G-2 status but for the fact that the foreign government is not recognized by the U.S. or is not a member of the international organization.

3 G-4 Officers or employees of the international organization and members of their immediate families. Dependents must get approval to work from the Dept of State and USCIS. Work authorization is granted in 3-year increments. G-5 Attendants, servants, and personal employees of representatives, and the members of their families. 3 years initially, with extensions in 2-year increments. Dependents or family members may not be employed in the U.S. H-1A Individual temporarily in the U.S. to work as a registered nurse. H-1A status is valid for up to 3 years. Status may be extended for up to 2 years, but total stay may not exceed 5 years. May work only for the sponsoring employer. See 20,390 for further requirements. H-1B Individuals temporarily in the U.S. to perform: (1) in a specialty occupation other than nursing, agriculture, or those described in visa categories O and P; (2) research for the Dept. of Defense; or (3) as a fashion model. (1) Visa status for specialty occupations is valid for up to 3 years but may not exceed the validity period of the labor condition application. (2) Status for DOD researchers is valid for up to 5 years. (3) Status for models is valid for 3 years and may be extended for 3 years. Total stay may not exceed 6 years. See H-1A. H-1B1 Is treated in the same way as an H-1B visa except that it can only be granted to residents of Chile and Singapore. Each year, 1,400 H-1B1 visas can be granted to residents of Chile and 5,400 can be granted to residents of Singapore without affecting the numerical limit on the regular H-1B visa. Same as H-1B Same as H-1B H-2A Individuals temporarily in the U.S. to perform agricultural work of a temporary or seasonal nature. An individual who holds H-2A status for 3 years must remain outside the U.S. for 6 months before being granted H-2A or any other agricultural related visa status. See H-1A. H-2B Individuals temporarily in the U.S. to perform nonagricultural work of a temporary or seasonal nature. Status is valid for 1 year. Status may not be extended or changed unless the alien has been outside the the U.S. for the immediately prior 3 months. If worker will perform nonagricultural services for more than one employer, each employer must file separate I-129. See also H-1A. H-3 Individual temporarily in the U.S. as a: (1) trainee but not for medical training or training provided by an academic or vocational institution, or (2) participant in special education exchange program. Status for alien trainees is valid for 2 years. Status for those in educational exchange programs is valid for 18 months. Status may not be extended or changed unless the alien has been outside the U.S. for the immediately prior 3 months. See H-1A. H-4 The spouse and children of a nonimmigrant H-1, H-2, or H-3 visa holder.

4 I Bona fide representatives of foreign press, radio, film, or other information media in the country solely to engage in such vocation, and the members of their families if accompanying or following to join them. Visa status is valid for length of employment. Employee may not change the information medium in which he or she works without permission from the district director. Dependents may not work in the U.S. J-1 Exchange aliens, principal. Length of stay for various classes of exchange visitor vary. Visas are valid for the period specified on Form IAP-66 plus 60 days for the purpose of travel. J-2 Spouse and children of J-1 visa holder. No longer than that of principal J-1 visa holder. without USCIS authorization. Employment will not be authorized if the income is needed to support the J-1 principal alien. Work will be authorized for the duration of the J-1 principal's stay or for 4 years, whichever is shorter. K-1 Fiancees and fiances of U.S. citizens seeking to enter the U.S. solely to conclude a valid marriage within 90 days of admission. May be employed in the U.S. K-2 The minor children of a K-1 visa holder, if accompanying or following to join him or her. L-1 Intracompany transfers working in a managerial or executive capacity or in a position that requires specialized knowledge. L visas expire after 3 years but may be extended. Those working in a managerial or executive capacity may stay for only 5 years. Those working in a specialized field of knowledge may stay for 7 years. The worker must have been employed for one continuous year by the qualifying organization, which may be a parent, subsidiary, branch, or affiliate of the U.S. company. L-2 Spouse and minor children of the L-1 principal. May not accept employment in the U.S. without employment authorization from the USCIS M-1 Nonacademic or vocational students. Admitted for the lesser of: (1) 1 year, or (2) the period of time it takes to complete the course of study indicated on the Form I-20M, plus 30 days within which to depart. Extensions available. May take temporary employment for practical training, which must relate to the course of study. Additional restrictions apply. See 20,390. M-2 Spouse and children of M-1 principal. For duration of M-1 principal's stay. N Parents and children of special immigrants. Initial entry is for up to 3 years, with 3-year extensions available. N visa status valid for as long as the special immigrant remains a child'' or his or her children or siblings remain children'' within the context of the act. A nonimmigrant granted N status may work in the U.S. without restriction.

5 O-1 Aliens of extraordinary ability. Visa is valid only for the period stated in petition, plus a period of 10 days before and 10 days after validity period. Extensions may be granted in increments of up to 1 year. Work may only be performed only for the sponsoring employer and only during the validity period. O-2 Alien who, having a residence in a foreign country and no intention of abandoning it, comes to the U.S. to assist the O-1 principal. Must possess critical skills and experience with the O-1 alien that are not of a general nature and that are not possessed by others. Same as O-1. Same as O-1. O-3 The spouse or child of an O-1 or O-2 principal. Same as O-1. May accept employment in the U.S only with authorization from the USCIS. P-1 Internationally recognized athlete. For individual athlete, visa is valid for up to 5 years. For member of an athletic team or entertainment group, visa is valid for up to 1 year (actual duration determined by USCIS). May work only for the sponsoring employer. P-2 Artist or entertainer. Visa is valid for no more than 1 year. Same as P-1. P-3 Perform, teacher, or coach under a culturally unique program. Same as P-2. Same as P-1. P-4 The spouse or child of a P-1, P-2, or P- 3 visa holder. Duration of visa validity is based on the primary P visa holder's status. P-4 aliens may accept employment in the U.S. only after obtaining authorization from the USCIS. Q International cultural exchange visitors. Visa generally is valid only for duration of exchange program but the stay may be extended. The entire duration of the Q status may not exceed 15 months. Q visa holder may work only for the qualified employer and does not require an EAD. R-1 Religious workers (see 20,390). Initial stays of less than 5 years may be extended in 2-year increments, but the total stay may not exceed 5 years. May work only for the sponsoring employer. R-2 Spouse or child of an R-1 alien. Duration is dependent upon that of principal R-1 worker. May not accept employment in the U.S. under R status. NATO- 1 to -4 Members of the armed forces of a NATO country. Dependents of NATO-1 to -7 may obtain employment authorization if home country has reciprocal work agreement with the U.S. NATO- Civilian employees of the armed forces Length of assignment with NATO May work only for NATO employer.

6 5 to -6 of a NATO country. employer. NATO- 7 An employee of an individual with NATO 1-6 status. If employed by NATO-1 to -4, visa is valid for duration of status. If employed by NATO-5 or -6, visa is valid for up to 2 years, with 1-year extensions. May work only for NATO employer. S-5 Alien witness or informant in a criminal matter. 3 years. May apply for work authorization by filing Form I-765. S-6 Alien witness or informant in a counterterrorism matter. 3 years. Same as S-5 S-7 Qualified family members. 3 years. Same as S-5 TN Canadian and Mexican professionals, under NAFTA. 1 year, with 1-year extensions. May work only for sponsoring employer. TD The spouse of child of a TN-status holder. Same as TN Thomson Reuters/RIA. All rights reserved.

ELIGIBLE VISA CLASSIFICATION

ELIGIBLE VISA CLASSIFICATION E-1 Treaty Trader An individual who is in the U.S. to conduct trade under a treaty between his/her country and the U.S. or his/her employer and other companies. E-2 Treaty