B-1 "Business Visitor" status allows foreign nationals to come to the United States to engage in commercial transactions or meetings not involving gainful employment.

The visa may be issued for one entry or multiple entries for a period of up to ten years depending on, among other things, the reciprocity agreement the United States has with the applicant's home country. The longest that a person may be admitted into the United States, however, is six months. Extensions may be sought from the United States Citizenship and Immigration Services (USCIS) once in the United States.

The E-1 and E-2 visa (“E Visa”) category is used by a wide range of foreign-owned companies, from small start-ups to publicly-traded corporations. An E visa is granted based on a qualifying treaty of commerce and navigation between the United States and the country of the foreign company’s nationality (see list of treaty countries). E visas allow employment of individuals of the same foreign nationality in executive, supervisory, or essential capacities. 

Note that not all nationalities are covered by an E visa treaty, and that some nationalities are covered for E-1 or E-2, but not both. Accompanying spouses will be eligible for an E visa regardless of nationality.

H-1B is the most popular “work visa” for most U.S. employers. They may be obtained by virtually any established company in the United States seeking to hire a professional level employee from abroad. Not surprisingly, H-1B is also the most heavily regulated nonimmigrant classification, and numerous restrictions are imposed on employers by the Department of Labor (DOL) and United States Citizenship and Immigration Services (USCIS). These restrictions should be considered carefully prior to making the decision to sponsor a job candidate for H-1B status.

H-1B1 and E-3 visa classifications are based on treaties with Chile and Singapore (H-1B1) and Australia (E-3) and are reserved for nationals of these three countries.

H-3 status allows an alien to enter the United States for the purpose of receiving training or instruction (other than graduate medical education/training – but medical externships and training in nursing is permitted.

Typically, multinational companies use this status to train foreign nationals in methods and procedures of its U.S. operations. It can also be used to provide information and training on a company’s U.S. products to foreign nationals who work abroad for related or client companies where such knowledge is necessary to the success of their career.

The J visa exchange program was created to encourage educational and cultural exchange between the U.S. and foreign countries. It allows bona fide trainees, students, professors and research scholars, foreign physicians, and others to enter the U.S. in order to teach, study, observe, conduct research, consult or receive training.

In addition to satisfying the eligibility requirements for one of the J-1 categories, applicants must have sufficient funds to pay for their expenses while they are in the U.S. and have sufficient fluency in English as well as maintain medical insurance for accident and illness during their stay in the U.S.

F-1 visas are issued to individuals who have been admitted to a language or academic program at a school approved by the United States Citizenship and Immigration Services (USCIS). Upon admission to the United States, F-1 visa holders are given an authorized period of stay of “Duration of Status” or “D/S,” which allows the F-1 student to remain in the United States lawfully so long as he or she is enrolled in an approved academic program. The authorized period of stay includes the period of time required to complete the program of study, any periods of authorized employment, and a sixty-day grace period to depart the U.S. upon completion of the program.

L-1 visa category allows employers to move personnel from foreign subsidiaries, parent companies, affiliates, and branch offices to the employer's U.S.-based operation to engage in temporary work. Compared to the H-1B, L-1 status has numerous advantages for employers that qualify: there is no annual cap on the number of L-1s that may be issued, there are no prevailing wage or Department of Labor record requirements, filing fees for most new L-1s are substantially lower than they are for new H-1Bs, government processing is generally quicker, payment of the L-1 employee’s salary may be made by the U.S. organization or by the foreign entity.

In order to qualify for L-1 status, the beneficiary employee must meet certain eligibility requirements, and the U.S. and foreign entities must have a “qualifying relationship.

An alien who has demonstrated extraordinary ability through sustained national or international acclaim in the sciences, arts, education, business or athletics may be eligible for O-1 status. The O-1 category also includes persons working in motion pictures or television production who are able to show a demonstrated record of “extraordinary achievement.”

The standard for extraordinary ability depends on the foreign national's field of endeavor. For science, education or athletics, the petitioner must demonstrate "a level of expertise indicating that the person is one of a small percentage who has risen to the very top of the field of endeavor." For motion pictures and television, the petitioner must show "a very high level of accomplishment ... evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading."

For artists, not including those in the motion picture and television industries, the standard is significantly lower. The petitioner must merely demonstrate that the individual has attained a "high level of accomplishment…evidenced by a degree of skill and recognition substantially above that ordinarily encountered." Thus, while O-1s for scientists, educators, athletes, and persons working in business, motion pictures, and television are often very difficult, the O-1 category is well suited for prominent performing artists who are coming to the United States to perform in specific engagements. The specific criteria for each of the extraordinary ability sub categories is outlined below.

The United States, Canada and Mexico signed the North American Free Trade Agreement (NAFTA) in 1994 to promote and support trade between those countries. In addition to eliminating tariffs and other non-trade barriers, NAFTA provided for facilitated border crossing between signatory countries by business people who are citizens of those countries.

On January 29, 2020, President Trump signed into law the United States-Mexico-Canada Agreement (USMCA), a rewrite of NAFTA, which took effect July 1, 2020. The USCMA preserves all provisions relating to the TN nonimmigrant classification and does not change or alter the TN program, or other immigration-related provisions as originally established by NAFTA.