Visas outlined on this page include: H-1B, TN, L-1A/L-1B , B-1, O-1, and E-1/E-2.

Business Visas are available to foreign nationals whose proposed business or employment in the United States meets certain criteria as defined by the law.  There are specific requirements for each category that will dictate which visa will best serve your needs.

The complex and evolutionary nature of U.S. immigration law dictates that an individual’s business immigration needs are often best served through representation by legal counsel thoroughly familiar with the intricacies of immigration laws.  We focus on providing the best solution to your immigration needs based upon a thorough review of your immigration options and your personal requirements.  Quality immigration legal services may save substantial time and inconvenience as well as prevent actions that could negatively impact your immigration future.

The five most frequently utilized categories for nonimmigrant business visas are outlined on this page.  For further details about any of these categories, or an analysis of which category might work for your situation, please contact one of the attorneys at Cowan Miller & Lederman. The information contained in this site should not be viewed as legal advice and should not be relied upon without specific legal counsel being sought.

The H-1B category can be utilized by an employer seeking the temporary services of a foreign national in the United States.  The H-1B petition must illustrate that the position offered qualifies as a specialty occupation requiring the theoretical and practical application of a specialized body of knowledge.  It must further illustrate that the employee is specifically qualified to perform the specialized duties of the position.  This category typically requires a college degree in the field.  The wage for the position must also meet “prevailing wage” standards and be approved by the Department of Labor.

H-1B authorization may be issued for a period of up to three years initially with extensions available up to a maximum of six years. (Additional extensions may be available to individuals at certain stages in permanent residence processing.)

The TN category is available to citizens of Canada and Mexico who have been offered temporary U.S. employment in a profession or occupation identified by the North American Free Trade Agreement.  The applicant must document proof of citizenship, the appropriate credentials for the profession, and an offer of employment in the United States.  This application can be made at any “Class A” port of entry into the United States, including pre-flight inspection at major international airports in Canada.  The application is typically processed immediately upon presentation as long as the individual is entering the United States to commence employment.

The applicant will only be admitted to the United States for an initial one-year period.  Extensions of TN authorization may be granted in one year increments.

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L-1 Intracompany Transferee

The L-1 category can be utilized by multi-national companies seeking to temporarily transfer key staff to the United States.  The L-1 petition must illustrate that the employee has worked in a qualifying position for an affiliate company abroad for at least one year out of the past three years.  The employment must have been as an executive, a manager, or in a “specialized knowledge” capacity.  The individual can be transferred to the U.S. Company if the proposed position is also executive, managerial or specialized in nature.  The application requires documentation of the corporate relationships and the individual’s positions.   

L-1 authorization may be issued for a period of up to three years initially.  For U.S. businesses that are newly established, the L-1 authorization will be granted for an initial one-year period.  Extensions are available for a total of up to seven years.  The L-1 category can, in certain circumstances, become the basis for a permanent residence application.

B-1 Business Visitor

The B-1 category can be utilized by individuals seeking to visit the United States to conduct a range of business transactions.  This category does not permit employment in the United States and requires that the applicant illustrate continuing ties to his/her home country, a specific return date, and permissible business activities in the United States.

B-1 authorization is generally granted for a short period of time based upon the business necessity of the visit (one to six months) with the possibility of extensions.

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The O-1 category is appropriate for individuals who have demonstrated extraordinary ability in the sciences, the arts, education, business or sports.  This category is intended for those individuals who have risen to the top of their field and have received sustained national or international acclaim for their accomplishments.  The applicant must have an offer of employment related to their field but not necessarily a position that requires the services of a person of their caliber.  The individual must be able to document that he/she meets the specific criteria which include receipt of awards, authorship of scholarly articles, or evidence of employment in an organization with a distinguished reputation. 

The O-1 category can become the basis for a permanent residence application.

E-1 Treaty Trader and E-2 Treaty Investor

The E category is available to nationals of those countries that have a qualifying treaty with the United States.  Approximately 50 countries have qualifying agreements currently in place.  In addition, the applicant must illustrate that he/she meets specific criteria regarding international trade or investment in the United States.  The qualifications for these categories are particularly complex in nature and success is typically dependent upon qualified legal representation.

E authorization may be issued for a period of up to five years initially.  Extensions may be obtained as long as the business continues to qualify.

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