Performing artists are eligible for an O-1B visa. The O-1B visa actually covers a large range of professions and includes not only performers but also all the professionals who contribute to successful artistic performances such as directors, set designers, choreographers, costume designers, makeup artists, etc. The O-1B visa allows you to file just 1 application for multiple performances, and you can even add more performances after receiving your visa without having to file a new application. Qualifying for an O-1B visa requires showing that you have been recognized for your “extraordinary ability” – or “extraordinary achievement” if working in movies or television – for your work.  

To learn more about this extremely versatile visa, including what “extraordinary ability” means and how to show you have it, contact us for a free consultation to discuss how we can help you get on stage in the U.S.  

The same O-1B visa used by performing artists can also be used by anyone working in any artistic or creative field, which includes the visual arts, culinary arts, and fine arts. The law is even more generous as the O-1B is visa available to anyone working in “any field of creative activity or endeavor” who has been recognized for their “extraordinary ability." 

O-1B visas can be used, for example, by fashion designers, photographers, architects, chefs, florists, sommeliers, graphic designers, cabinet makers, metalshapers, artisans of all types … to name just a few of the many eligible professions. Just as performing artists can use an O-1B visa for multiple performances, you can use an O-1B visa to work for multiple employers and can also add additional work and employers after receiving your visa without having to file a new application.  

Some professions include activities that are artistic or creative in nature and other activities that are not. The work of an industrial designer, for example, combines art, engineering, and even business activities. Despite the hybrid nature of the profession, an industrial designer can qualify for an O-1B visa if they can show that the creative, artistic or aesthetic aspects of their work comprise a majority of that work. If they don’t, an O-1A visa could still be an option, but the degree of recognition required to obtain an O-1A visa is higher than for O-1B visas. 

If you’re not sure if your profession qualifies for O-1B status or if you want to learn more about O-1B and O-1A visas, contact us for a free consultation. You can also learn more about O-1A visas below in question 5.        

A couple of different visas can be used for running a business in the U.S.

One of the most common ones is the E visa. E visas are based on treaties, and in order to apply for an E visa, you must be a citizen of a country that has signed a treaty with the U.S. There are 2 types of E visas: the E-2 investor visa and the E-1 trader visa.  

Obtaining an E-2 investor visa requires showing that you are going to invest a “substantial amount” in a business in the U.S. and that the business will create jobs. You can either start a new business,  purchase an existing business, or invest in an existing business. Purchasing a franchise will also allow you to apply for an E-2 investor visa. Any type of business can be the basis of an E-2 investor visa application. Restaurants, retail stores, food trucks, bakeries, hotels, yoga/dance studios, consulting businesses, photography studies, home renovation companies, law firms are just a few possibilities. The only limit is the strength of your business plan and how well prepared and realistic your project is. A successful application shows how your business will grow and provide economic benefit to the U.S. through the hiring of employees, contributing to the local economy, etc.    

The E-1 trader visa is for individuals and companies that already conduct “substantial trade” between their county and the U.S. and wish to expand their presence and activities in the U.S. Trade is interpreted broadly and includes not only traditional manufacturing and import/export activities but also all manner of goods and services, including activities in the service and technology sectors. These activities include banking, insurance, transportation, tourism, communications, and professional services of all sorts. 

In addition to the E visas, other visas that allow you start a business in the U.S. are the L-1 visa and the O-1 visa. The L-1 visa is for companies that operate outside of the U.S. and need to transfer staff to a new or existing office in the U.S. The O-1 visa is for individuals who have been recognized for their “extraordinary ability” in their professional field.

If you’re in the very early stages of developing your business in the U.S. and aren’t quite yet ready to apply for one of the visas described here, you can travel initially to the U.S. as a business visitor. As a business visitor you can undertake preliminary activities before launching your business such as conducting market research; meeting with prospective investors, partners, suppliers; negotiating contracts; locating office space; meeting with business professionals who will accompany you and your business (attorneys, accountants, bankers, etc.). If your trip is less than 3 months and if you’re a citizen of one of the countries that participate in the Visa Waiver Program (VWP) (also referred to as ESTA), you can travel without a visa. For longer trips or if you’re not from one of the VWP/ESTA countries, you can apply for a B-1 visa.  

Each visa has a different focus and different eligibility criteria. An E-2 visa, for example, depends in large part on the amount of money that you’ll be investing and your company's ability to create jobs, while a L-1 visa, on the other hand, requires that you already have an operating business outside of the U.S. 

Choosing the right visa from all of these options can be confusing. Let us help you see things clearly.  To start planning your project, contact us to schedule a free consultation to discuss what visa suits you best.

If you work in one of the 63 professions listed in the NAFTA trade agreement between the US, Canada, and Mexico (now the US-Mexico-Canada Agreement (USMCA)), you may be eligible for a TN visa. The list of TN professions divides them into 4 broad categories: general occupations, medical professionals, scientists, and teachers.  Most of the professions require a university degree, although some – for example, hotel manager, management consultant, medical lab technologist, and scientific technician – do not.  

Compared to most other work visas, which require filing a cumbersome preliminary application with the USCIS before visa issuance, the process for obtaining a TN visa is much, much easier. For Canadian applicants, the application can be submitted directly at a CBP Port of Entry (i.e., a land border) or at a CBP Preclearance station at an airport in Canada.  

Contact us for a free consultation to find out how we can help you to start working in the U.S. within days. If you’re not eligible for a TN visa, read the next question to learn about other visa options.  

There are 22 major classifications for business and work-related visas. The most common ones – in alphabetical order – are the E visa, the H-1B visa, the L-1 visa, and the O-1 visa. There’s also the J-1 visa, which isn’t really a work visa, but rather a visa to receive professional training. Each visa is briefly described below. Once you’re ready to start planning your project, contact us to schedule a free consultation to discuss what visa suits you best.

E visas (E-1 visa and E-2 visa) are used by foreign companies that have active operations in the U.S. or are in the process of opening a new office in the U.S. To sponsor an employee for an E visa, the company itself must qualify for E visa status. A company qualifies for E visa status by showing that either more than 50% of its business is between the U.S. and the company’s home country (E-1 visa status) or that it has made (or is in the process of making) a substantial investment in the U.S. (E-2 visa status). Once the company is qualified, it can then sponsor you for a visa if you will serve in the U.S. as an executive or supervisor or if you meet the definition of an essential employee with specialized skills. E visas are based on treaties signed by the U.S. and certain countries, which means that in order to receive an E visa the company sponsoring you must be from a treaty country and you have to have the same nationality as the company.

The H-1B visa is for individuals working in “specialty occupations.” There is no official list of professions that qualify as specialty occupations. Rather the law provides several different definitions of the term, the most common one being that the position you’ll be working in is one that normally requires at least a bachelor’s degree (a 4-year university degree). If you do not have a bachelor’s degree (or its foreign equivalent), you still may be able to qualify for H-1B status based on a combination of your university studies, professional training, and/or work experience. The H-1B visa is one of the only categories of work visas subject to an annual quota. Each year there are 65,000 available visas with an additional 20,000 visas available to graduates of a U.S. master’s degree (or higher) program. An H-1B lottery is held in March to select the 85,000 applications that will be processed, and if your application is selected, you can begin work on October 1.

The L-1 visa is used by companies to transfer staff working overseas to their U.S. operations, either to an existing office or to open a new office. To qualify for L-1 status, you must have worked for your company for at least 1 year during the 3 years preceding your visa application. If you are an executive or manager at your company, you can apply for a L-1A visa. If you have specialized knowledge of your company’s products, services, equipment, techniques, etc., you can apply for a L-1B visa.

The O-1 visa is divided into 2 categories. The O-1B visa is the work visa of choice for artists and other creative professionals and is described above in questions 1 and 2. The O-1A visa is available for professionals in any other field such as the sciences, business, athletics, and more. There are a lot of similarities between the O-1A and O-1B visas. Both allow you to work simultaneously for multiple employers – the O-1 visa is one of the only visas to allow this. Also, both are reserved for individuals who have been recognized for their extraordinary ability. However, the level of recognition for an O-1A visa (“you are one of the small percentage who have arisen to the very top of [your] field”) is higher than that for an O-1B visa (“a degree of skill and recognition substantially above that ordinarily encountered”). This difference is why it can often be preferable, when you work in a hybrid field that includes artistic or creative aspects, to try to qualify for an O-1B visa rather than an O-1A visa.

Finally the J-1 trainee visa is included in this section because it allows individuals to pursue up to 18 months of professional training in the U.S. You can apply for a J-1 visa if you have a foreign university/post-secondary degree and at least 1 year of work experience outside of the U.S. in your field. Alternatively, if you don’t have a degree, you can still apply for a J-1 visa if you have 5 years of work experience outside of the U.S. in your field. Applying for a J-1 visa requires you to submit your application through a J-1 program sponsor, an organization that has been pre-approved by the U.S. government. The U.S. Department of State website provides more information about the J-1 trainee visa program as well as a directory of J-1 program sponsors.

As an employer, your options for sponsoring an employee for a work visa are the same as those listed in the previous questions: the E1 and E2 visas, the H-1B visa, the L-1A and L-1B visas, the O-1A and O-1B visas, the TN visa, and the J-1 visa (for training purposes). In addition to those visas, there is also the B-1 visa (or VWP/ESTA) for short business trips.  

From an employer’s perspective, however, some of the visas have additional considerations, which are discussed below. Once you’re ready to start the process of applying for your employee’s visa, contact us to schedule a free consultation.  We’ll help you navigate through the visa application process with ease and confidence.

For an employer, the H-1B visa has 2 important requirements to keep in mind. First, it’s one of the only work visas subject to an annual quota (the H-1B cap). Each year there are 65,000 H-1B visas with an additional 20,000 visas available to graduates of a U.S. master’s degree (or higher) program. The H-1B lottery is held in March to select the 85,000 applications that will be processed, and if your company’s application is selected, your employee can begin work on October 1. If your employee already has an H-1B visa from a different employer, they probably aren’t subject to the H-1B quota, and you can file your application at any time. It’s also possible for an employee to work for 2 H-1B employers simultaneously. 

The second H-1B condition for employers concerns your employee’s salary. You must pay your employee the “prevailing wage” or the same wage paid to other employees in the same position, whichever is greater. The prevailing wage is a government-determined average salary for similar work being done in the city and state where your employee will be working. The H-1B visa is the only work visa for professionals that has such a wage requirement.   

If you are a foreign company opening a new office and transferring staff to that office, the L-1A and L-1B visas require special procedures for new offices. You’ll have to show that your company has arranged office space in the U.S. and that your company has developed a detailed business plan to ensure the successful launch of your U.S. operations. L-1 visas for new offices are issued initially for only 1 year rather than the 3 years available for employees coming to work at an existing office. After the initial 1-year period, they can be renewed.

The TN visa for Canadian professionals can be one of the quickest visas to obtain. It’s limited to 63 professions grouped into 4 broad categories (general occupations, medical professionals, scientists, and teachers), but if the position your employee will be filling corresponds to one of those professions and if your employee has the correct background, they can receive their visa right away rather than waiting the weeks or months required for other work visas. In determining whether the position qualifies for TN status, it’s not your company’s internal job title that matters, but rather comparing the position’s job duties with those described in the TN law and regulations.

Finally, the B-1 visa isn’t a work visa but instead can be used by your employees who need to travel to the U.S. for a short visit and who continue to be employed by your foreign company. The activities authorized with a B-1 visa are limited. The law gives several examples of authorized B-1 activities – such as meetings with business associates, attending business conferences and trade shows; and negotiating contracts – but these examples don’t reflect the true flexibility of the visa. A more thorough analysis requires examining the employee’s activities while in the U.S. and showing how they relate to the work performed outside of the U.S.  A successful B-1 visa application must show that the time spent in the U.S. is incidental to work that is primarily done outside of the U.S.

To obtain a B-1 visa your employee must remain on your company’s overseas payroll, and the activities must be completed in a relatively short period of time (generally 6 months or less). If your employee is a citizen of one of the countries that participate in the Visa Waiver Program (VWP), which is also referred to as ESTA, they can travel to the US for up to 90 days without having to first obtain a visa. The activities allowed in the VWP are the same as with a B-1 visa.