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Visa-Designation-Descriptions.Pdf 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 214.2 ; 8 USCS 1101(a)(15)]. Visa Visa Holder Duration Work Restrictions Class A-1 Ambassador, public minister, or For as long as the person is Dependents of principal A-1 or A-2 diplomatic or consular officer from a recognized by the Secretary of nonimmigrants may work if allowed country recognized by the U.S., and State as being entitled to the by the Dept of State. Employer and members of their immediate families. status. applicant apply on Form I-566. A-2 Foreign officials and employees and Same as A-1. Same as A-1. members of their immediate families. A-3 Attendants, servants, personal 3 years initially, with 2-year Dependents or family members of employees, and members of their extensions. Application for A-3 nonimmigrants may not work in immediate families, of the officials who extension must include statement the U.S. have status as A-1 or A-2 that employer plans to continue nonimmigrants. employing the applicant and describing the work to be performed. B-1 Temporary visit for business. 1 year, with extensions in 6-month May not be employed in the U.S. increments. but may receive per diems and expense reimbursements. B-2 Temporary visit for pleasure. 6-month minimum, with waivers May not work in the U.S.; may not available. receive per diems and expense reimbursements. C-1 Transit without visa privilege —for 8 hours from time of arrival. May not work in the U.S. nondiplomats traveling through the U.S. on route to another country. C-2 Individuals in transit to and from the Unlimited. May not work in the U.S. United Nations Headquarters District. C-3 Alien diplomats in transit through the 29 days. No extension is May not work in the U.S. U.S. permitted. D-1 Foreign crewmen on an aircraft or sea No extension is permitted. May work only as a crewman on vessel. 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 No extension is permitted. Same as D-1. U.S. home port, who intends to land temporarily in Guam. E-1 Traders (and their spouses and 1 year initially, with extensions in Treaty traders may work in the U.S. children) in the country solely to carry 2-year increments. only for their sponsoring employers. on substantial trade between the U.S. Dependents may not work in the and the person's foreign state. U.S. E-2 Investors (and spouses and children) in Same as E-1. Same as E-1. the U.S. to direct an enterprise in which he has invested, or in which he will invest, a substantial amount of money. E-3 Nonimmigrant nationals of Australia Visa can be renewed indefinitely. May work for the sponsoring coming to the United States to perform However, the visa may be rejected employer. Must be working in a field services in a specialty occupation. if the holder has expressed an that requires "theoretical and Spouses and children of E-3 visa intent to immigrate to the U.S. practical application" of a body of holders may also enter the country on knowledge obtained at at least the an E-3 visa. bachelor's degree level or its equivalent. F-1 Students in colleges, universities, For as long as the student pursues May work in the U.S. under specific seminaries, conservatories, academic a full course of study at an restrictions. See ¶20,390. high schools, elementary schools, education institution approved by other academic institutions, and in the USCIS or engages in language training programs. 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. F-2 Spouse and children of an F-1 student. May not work in the U.S. G-1 Designated principle resident For as long as the individual is Dependents may be authorized to representative of a foreign government recognized by the Secretary of work dependent upon whether that is a member of an international State as being entitled to the foreign state allows dependents of organization (e.g., United Nations), status. U.S. officials to work. Work staff members, and family members. authorization is granted in 3-year increments. G-2 Other accredited government Same as G-1. Dependents or family members representatives and the members of may not be employed in the U.S. their immediate families. G-3 An alien (or members of his immediate Same as G-1. Same as G-1. 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. G-4 Officers or employees of the Same as G-1. Dependents must get approval to international organization and members work from the Dept of State and of their immediate families. USCIS. Work authorization is granted in 3-year increments. G-5 Attendants, servants, and personal 3 years initially, with extensions in Dependents or family members employees of representatives, and the 2-year increments. may not be employed in the U.S. members of their families. H-1A Individual temporarily in the U.S. to H-1A status is valid for up to 3 May work only for the sponsoring work as a registered nurse. years. Status may be extended for employer. See ¶20,390 for further up to 2 years, but total stay may requirements. not exceed 5 years. H-1B Individuals temporarily in the U.S. to (1) Visa status for specialty See H-1A. perform: occupations is valid for up to 3 (1) in a specialty occupation other than years but may not exceed the nursing, agriculture, or those described validity period of the labor condition in visa categories O and P; application. (2) research for the Dept. of Defense; (2) Status for DOD researchers is or valid for up to 5 years. (3) as a fashion model. (3) Status for models is valid for 3 years and may be extended for 3 years. Total stay may not exceed 6 years. H-1B1 Is treated in the same way as an H-1B Same as H-1B Same as 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. H-2A Individuals temporarily in the U.S. to An individual who holds H-2A See H-1A. perform agricultural work of a status for 3 years must remain temporary or seasonal nature. outside the U.S. for 6 months before being granted H-2A or any other agricultural related visa status. H-2B Individuals temporarily in the U.S. to Status is valid for 1 year. Status If worker will perform nonagricultural perform nonagricultural work of a may not be extended or changed services for more than one temporary or seasonal nature. unless the alien has been outside employer, each employer must file the the U.S. for the immediately separate I-129. See also H-1A. prior 3 months. H-3 Individual temporarily in the U.S. as a: Status for alien trainees is valid for See H-1A. (1) trainee — but not for medical 2 years. Status for those in training or training provided by an educational exchange programs is academic or vocational institution, or valid for 18 months. Status may not (2) participant in special education be extended or changed unless the exchange program. alien has been outside the U.S. for the immediately prior 3 months. H-4 The spouse and children of a May not work in the U.S. nonimmigrant H-1, H-2, or H-3 visa holder. I Bona fide representatives of foreign Visa status is valid for length of Employee may not change the press, radio, film, or other information employment. information medium in which he or media in the country solely to engage she works without permission from in such vocation, and the members of the district director. Dependents their families if accompanying or may not work in the U.S. following to join them. 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 May not work in the U.S. without visa holder. USCIS authorization. Employment will not be authorized if the income is needed to support the J-1 principal alien.
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