Generally, in order to qualify for a non-immigrant work visa a U.S. employer must hire a foreign worker to work in the United States temporarily. The criteria that must be met by either the foreign worker or hiring U.S. company depends on the non-immigrant work visa.
Foreign investor that has invested or is actively investing substantial funds that are at risk in a bona fide enterprise in the United States and is coming to the United States to develop and direct operations of that enterprise.
Foreign worker is hired to work in the United States temporarily in a ‘specialty occupation’. The term ‘specialty occupation’ is defined as requiring a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree (or its equivalent) as a minimum for entry into the occupation.
Manager or executive that is currently working abroad for a parent, branch, affiliate or subsidiary and the manager or executive is entering the United States temporarily to continue working for the same parent, affiliate or subsidiary.
‘Specialized knowledge’ worker that is currently working abroad for a parent, branch, affiliate or subsidiary and the ‘specialized knowledge’ worker is entering the United States temporarily to continue working for the same parent, affiliate or subsidiary.
Canadian or Mexican citizen entering the United States to work full-time or part-time for a U.S. employer as a ‘professional’. The ‘profession’ must qualify under the regulations and the Canadian or Mexican citizen must have the qualifications to practice the ‘profession’.