Non-immigrant Work Visas For Professionals

Professional Visa Programs

There are two ways through which you can go to the U.S. for professional employment purposes. You can enter the country as a temporary employee or as a sponsored/permanent employee. The temporary employees need a U.S. non-immigrant visa; whereas, the sponsored employees need an immigrant visa. The H-1B, TN, and P-1 are some of the non-immigrant visas that allow employers who need professional workers in specialized areas or specific fields enter the United States for employment purposes.

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The H-1B visa is also called a Person in Specialty Occupation Visa. This program lets employers hire professional foreign workers for specific needs that cannot be met by American workers. The visa is tied to the employer who sponsors it. If the visa holder quits or loses their job, they must leave the country or petition for another temporary work visa. People with an H-1B visa can reside in the US for an initial period of three years and renew their authorization for up to six years. 

The TN Visa is a non-immigrant visa, which  allows only citizens of Canada and Mexico, not permanent residents to work in the U.S, if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, and other positions, who meet the TN Visa requirements to be granted the visa. 

The P-1 visa is issued to athletes who are individuals or in a team to participate in various athletic programs in the U.S and to promote themselves or their team and sport. Additionally, it is also designed for entertainers, whether they are individuals or in a group to participate in various entertainment programs, competitions, or other activities.

  • P-1A visa – is for internationally recognized athletes
  • P-1B visa – is for individuals or members of an internationally recognized entertainment group.

Visa Programs Requirements

These are some of the requirements of the non-immigrant professional visas. The period of time that you will be working should be noted in the employment contract or the visa application. This type of U.S visa does not allow individuals to work in the U.S indefinitely or permanently.

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To qualify for the H-1B visa, the position offered must meet the following requirements:

  • Possession of an advanced educational degree such as:
    • A 4 four year Bachelor’s Degree (or equivalent degrees)
    • A Master’s or Doctoral Degree
  • Advanced training or vocational skills
  • Qualify to work in research and development projects of the US Department of Defense or other government positions.
  • Examples of job positions might be:
    • IT specialists
    • Architects
    • Accountants
    • Professors
    • Doctors
    • Lawyers

The applicants must be citizens of Canada or Mexico and:

  • Their occupation must be on the NAFTA list
  • They must have a full time or part time job offer from an employer in the U.S
  • The job offer should be specified to require a NAFTA professional
  • The applicant must meet all educational and experience requirements
The educational requirements can be found in the NAFTA occupations list. Most of them require at least a Bachelor’s Degree. In addition, you will have to prove your work experience.

The P-1 Visa requires that all individual and group athletes and entertainers must have been nationally or internationally recognized to qualify for the P-1A or the P-1B visa. They can go to the U.S to compete for prize money or awards. Additionally, if there are staff members or essential personnel which is necessary for the performances of the athletes or entertainers, they can also obtain a P-1 visa. The P-1 visa allows its holders to participate in athletic seasons or entertainment events.

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