The following chart illustrates all of
the non-immigrant visa categories currently in effect today and outlines
the restrictions placed on an individual's ability to be employed, receive
compensation and/or study in the U.S. The first chart relates to non-immigrant
aliens and the ensuing chart applies to immigrant aliens.
| Type
of Visa |
Description |
Study |
Restrictions |
| A-1/A-2Foreign
Diplomatic PersonnelA-1/A-2 Dependents |
A-1 status is reserved
for foreign government officials or employees of those governments
such as ambassadors, public ministers, career diplomats, consular
officers or other high-level government officials. A-2 status is
used for other officials or employees of foreign governments in
lesser ranks.Dependents of foreign government officials and employees. |
May engage in study
if incidental to the primary purpose of being in the U.S. and valid
visa status is maintained.May engage in full or part-time study.
Permission to receive any compensation beyond diplomatic work must
be granted in advance by the Protocol Division of the Department
of State and approved by USCIS. |
A spouse or unmarried
dependent child of a foreign government official may be employed
if they present a fully executed Form I-566 bearing the endorsement
of an authorized representative of the Department of State, pursuant
to any restrictions stated or cited on the employment authorization
document. |
| A-3 |
Attendants, servants
or other personal employees of foreign government officials. |
May engage in full or
part- time study. Only permitted to be employed by the foreign government
official. |
|
| B-1 Visitor
for Business |
An individual in the
U.S. for a short period of time to engage in such business activities
as: negotiating contracts for overseas employees, consulting with
business associates, attending professional conferences, or conducting
independent research. |
May engage in study
if incidental to primary purpose of the visit and valid visa status
is maintained. |
Foreign visitors present
in the U.S. on a B-1 visa are not permitted to be employed in the
U.S.However, effective October 21, 1998, a new law permits an academic
institution to pay honoraria and associated incidental expenses
for a usual academic activity lasting not longer than nine days
at any single institution. The services performed must be conducted
for the benefit of the academic institution AND the foreign national
may not accept payment or expenses from more than five institutions
within the previous six month period. Must present a valid visa
and Form I-94, Record of Arrival and Departure as verification of
immigration status. |
| B-2 Visitor
for Tourism |
An individual in the
U.S. for travel, tourism and recreational purposes. |
May engage in study
which is incidental to the primary purpose of the stay in the U.S.
May enroll in short-term English language courses as long as the
course of study is under 18 hours per week and of "short- duration" (consult OISS). |
Foreign visitors in
the U.S. on a B-2 visa are prohibited from being employed in the
United States.However, effective October 21, 1998, a new law permits
an academic institution to pay honoraria and associated incidental
expenses for a usual academic activity lasting not longer than nine
days at any single institution. The services performed must
be conducted for the benefit of the academic institution AND the
foreign national may not accept payment or expenses from more than
five institutions within the previous six month period. Must present
a valid visa and Form I-94, Record of Arrival and Departure as verification
of immigration status. |
| B-2 Prospective
Student or Prospective Scholar |
An individual who has
entered the U.S. and indicated a clear intent to study in the U.S.
or to change to J-1 Exchange Visitor Status. Consulate notation
on visa page indicates the "Prospective" status. Individual
must apply for a change of status prior to the expiration date on
the I-94 card. |
Must apply for change
of status to F-1 or J-1 immediately upon receiving I-20 or IAP-66
to be eligible for full-time study. |
Prohibited from receiving
payments of any kind from any U.S. source. Not eligible to be employed
at the academic institution until approval for change to F-1 or
J-1 student status is received from USCIS. |
| Visa Waiver
for Business (VWB) and Tourism (VWT) |
An individual permitted
to enter the U.S. without a visa for a stay limited to 90 days.
Only available to citizens of countries designated by the U.S. State
Department. |
Laws regarding study
and employment for holders of VWB (Visa Waiver for Business) or
VWT (Visa Waiver for Tourism) are identical to their B-1 or B-2
counterparts listed above. |
Foreign nationals entering
the U.S. under the visa waiver program are NOT permitted to extend
the length of stay or change visa status from within the U.S. |
| C-1, C-2 and
C-3 Aliens in Transit |
An individual in transit
from one country to another "stopping over" in the U.S.C-2
and C-3 Foreign Government Officials in Transit |
No study allowed. |
Not permitted to receive
payment from any U.S. source.May only be employed by the foreign
government entity. |
| D-1/D-2 Alien
Crewman |
Crewmen who are employed
on a vessel or an aircraft who are in the U.S. on "stopovers". |
No study allowed. |
Permitted to be employed
in the U.S. only by the vessel or aircraft. |
| E-1 Treaty Trader |
An individual in the
U.S. to conduct trade under a treaty between his/her country and
the U.S., or a key employee of such a company. |
E-1/E-2 dependents may
engage in full or part-time study.The principal E-1 or E-2 Treaty
Trader or Investor may engage in study if it is incidental to the
primary purpose of the stay in the U.S. and valid E status is maintained. |
May only be employed
by the trade-qualifying company through which the foreign national
obtained the visa status. Dependents of E-1/E-2 visa holders are
not permitted to be employed. USCIS Form I-797 authorizes employment.
No EAD card is required. |
| E-2 Treaty Investor |
An individual in the
U.S. to develop and direct the operations of an enterprise in which
he/she has invested substantial capital, or an employee of such
a company. Must be based on a treaty between his/her country and
the U.S. |
|
|
| F-1 Student |
An individual in the
U.S. engaging in a full course of academic study at an accredited
academic educational program. May include: elementary school, academic
high school, college/university, conservatory or language training.
(Students enrolled in vocational training are given M-1 visas.) |
Must participate in
full-time study as defined by the academic, educational program;
may reduce course load to part-time only for good cause and
IF authorized by International Student Advisor. |
1. May be permitted
to be employed on the campus of the school in which they are enrolled
for a maximum of 20 hours per week while classes are in session
or 40 hours per week during school vacations. Requires approval
of the International Student Advisor. No approval from USCIS is
needed for on-campus work.
2. May be permitted to work off-campus during their enrollment
under certain circumstances. This work requires approval of the
International Student Advisor on form I-20 and an EAD card issued
by the USCIS.
3. Permitted to participate in employment directly related
to their field of study. This employment may take the form of:
1. Curricular Practical Training. Employment which
is required for completion of the student's degree program. Requires
approval of the International Student Advisor on form I-20. No USCIS
approval is required.
2. Optional Practical Training, Employment during or after
the completion of studies. The total period of employment cannot
exceed 12 months. Requires approval of the International
Student Advisor and approval from USCIS in the form of an EAD card. |
| F-2Dependents
of F-1 visa holders |
An individual in the
U.S. as a dependent of an F-1 visa holder. |
May engage in full or
part-time study. |
Not permitted to work
in the U.S. under any circumstances. |
| G-1,G-2,G-3,G-4
Representatives of International Organizations |
An individual in the
U.S. as a representative of an international organization and their
dependents, e.g. United Nations. |
Principal G visa holder
may engage in study if incidental to the primary purpose of the
stay in the U.S. and valid G status is maintained.G dependents may
engage in full or part- time study. |
Principal G visa holders
are ONLY permitted to be employed by the foreign government entity
or international organization they represent.A spouse or unmarried
dependent child of an officer, or representative of an international
organization may be employed if they present a fully executed Form
I-566 bearing the endorsement of an authorized representative of
the Department of State, pursuant to any restrictions stated in
the regulations or cited on the employment authorization document. |
| G-5 Personal
employees of G- 1, G-2, G-3, or G-4 visa holders |
An individual in the
U.S. as a personal employee of a representative to an international
organization. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. |
|
| H-1B Temporary
Worker in a Specialty Occupation |
An individual in the
U.S. to perform services of a professional nature for a sponsoring
employer in a specific position for a fixed period of time.Employment
authorization is granted for an initial period of up to 3 years.
Extensions for an additional 3 years are possible for a six year
maximum stay. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
Employment permitted
ONLY with the petitioning organization through whom the visa classification
was obtained. Prohibited from receiving payments from other organizations.However,
it is possible for an individual to obtain USCIS approval to
work in H-1B status for more than one employer. Each employer must
petition USCIS and receive an approval for the employment.USCIS
Form I-797 authorizes employment and no EAD card is required. |
| H-2A Agricultural
Worker |
An individual in the
U.S. to perform agricultural work on a temporary basis. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed ONLY
by the petitioning employer through whom the visa status was obtained
for the specific period of time as indicated by the USCIS . USCIS
Form I-797 authorizes employment and no EAD card is required. |
| H-2B Skilled
or Unskilled Worker |
An individual in the
U.S. in a temporary position for which there is a shortage of U.S.
workers, for a specific employer for a fixed period of time. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May ONLY be employed
by the petitioning employer through whom the visa status was obtained
for the specific period of time as indicated by USCIS. USCIS Form
I-797 authorizes employment and no EAD card is required. |
| H-3 Trainee |
An individual in the
U.S. for a temporary period of time to participate in a training
program provided by a specific employer. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May work only for the
petitioning employer through whom the visa status was obtained for
the specific period of time as indicated by USCIS. USCIS Form I-797
authorizes employment. and no EAD card is required. |
| H-4 Dependents
of H visa holders |
An individual in the
U.S. as a dependent of any "H" visa category. |
May engage in full or
part-time study. |
Not permitted to be
employed or receive compensation from any U.S. source. |
| I Representative
of Foreign Information Media |
An individual in the
U.S. as a journalist or representative of international media, and
their dependents. |
Principal I visa holder
may engage in study if incidental to the primary purpose of the
stay in the U.S, while maintaining valid visa status.Dependents
are permitted to engage in full or part-time study. |
Permitted to be employed
only by the sponsoring foreign news agency or bureau.Dependents
are not permitted to be employed. |
| J-1 Exchange
Visitor (Student) |
An individual in the
U.S. as an exchange visitor for the primary purpose of studying
at an academic institution under the auspices of the United States
Information Agency and a Designated Program Sponsor. |
Must study full-time;
may engage in part-time study ONLY if authorized by International
Student Advisor in advance. |
May be employed on
the campus of the school in which they are enrolled to a maximum
of 20 hours per week with prior written authorization from the Responsible
Officer of their Exchange Visitor Program.May also work off- campus
under limited circumstances provided they have obtained prior written
authorization from the Responsible Officer. Employment does not
require additional permission from USCIS or an EAD card. Eligible
for 18 months of academic training following the completion of their
program. (36 months for Post-Doctoral Training). |
| J-1Exchange
Visitor(Scholar, Professor or Researcher) |
An individual in the
U.S. as a visiting researcher or professor under the auspices of
the United States Information Agency and a Designated Program Sponsor. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid J-1 visa status. May NOT enroll in a formal degree
granting academic program while in J-1 visa status as a professor
or researcher. |
May be employed only
by the Exchange Visitor Program Sponsor or appropriate designee
and within the guidelines of the program approved by the United
States Information Agency for the period of validity as stated on
the IAP-66.Under limited circumstances, may receive compensation
from other institutions provided prior written authorization from
the Responsible Officer of their Exchange Visitor Program has been
secured. IAP-66 Form authorizes employment and no EAD card is required. |
| J-1(Au pair) |
An individual in the
U.S. under the auspices of the United States Information Agency
and a Designated Program Sponsor to serve as a live-in child care
provider for a host family. |
May enroll in "post-secondary
institutions" while maintaining J-1 status as an au pair. |
Eligible to receive
payment only from the host family or the program sponsor for
child care services not to exceed 45 hours per week. |
| J-2 Dependents
of J-1 visa holders |
An individual in the
U.S. as a dependent (spouse and unmarried children under the age
of 21) of a J-1 student or scholar.May engage in full or part-time
study. |
Eligible to apply to
USCIS for work authorization. Must have Employment Authorization
Document issued by USCIS. |
May work for any employer
with EAD. Employer must re-verify employment authorization after
the expiration date on the EAD card. |
| L-1 Intracompany
Transferee L-2 Dependents of L-1 visa holders |
An individual in the
U.S. who has been transferred from a subsidiary, affiliate or branch
office overseas to the U.S. to work in an executive, managerial
or specialist capacity, and their dependents. |
L-1 may engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid L-1 visa status.L-2 dependents may engage in full
or part time study. |
Permitted to be employed
ONLY by the petitioning company through which the visa status was
obtained for the period of time indicated by the USCIS. USCIS Form
I-797 authorizes employment. and no EAD card is required.L-2 dependents
are NOT permitted to work or receive payment from any U.S. source. |
| M-1 Vocational
Student |
An individual enrolled
in a vocational school or program in the U.S. |
Must study full-time;
part-time study only if authorized by International Student Advisor. |
Permitted to be employed
for practical training following completion of studies for a maximum
of 6 months. Must apply for Employment Authorization Document from
USCIS. Employment must be related to his/her field of study and
recommended by an endorsement of the I-20 by the Designated School
Official. Employer must re-verify employment authorization after
the expiration date on EAD card. |
| M-2 Dependents
of M-1 visa holders |
An individual in the
U.S. as a dependent of an M-1 student. |
May engage in full or
part-time study. |
Not permitted to be
employed or receive compensation from any U.S. source. |
| NATO 1-6 NATO
Personnel |
An individual in the
U.S. as a member of the armed services of the nations of the North
Atlantic Treaty Organization, staff members, attendants, servants
and personal employees of NATO personnel. |
May engage in full or
part-time study while maintaining valid visa status. |
Payment limited to
funds provided by NATO.Dependents are eligible to apply for work
authorization through USCIS. and must have an Employment Authorization
Document issued by USCIS. Employer must re- verify after the expiration
date of the EAD card. |
| O-1 Persons
of Extraordinary Ability O-2 Accompanying Personnel |
An individual of extraordinary
ability in the sciences, arts, education, business or athletics,
who is in the U.S. to work for a sponsoring employer or organization
(O-1) and accompanying personnel (O-2). |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed and
compensated ONLY by the petitioning employer or agency through which
the visa status was obtained. USCIS Form I-797 authorizes employment.
and no EAD card is required. |
| O-3 Dependents
of O-1 and O-2 visa holders |
An individual in the
U.S. as the dependent of an O-1 or 0-2 visa holder. |
May engage in full or
part-time study. |
Not permitted to be
employed or receive compensation from any U.S. source. |
| P-1 Internationally
Recognized Athletes or Entertainment Groups and members of their
Essential Support Personnel |
An individual in the
U.S. as an internationally recognized athlete, competing individually
or as part of a team; OR an individual who performed as part of
an entertainment group, which has been internationally recognized
and their essential support personnel. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed and
compensated ONLY by the petitioning employer or agency through which
the visa status was obtained. If the petition was submitted by an
agent on behalf of several employers, all entities must have been
included on the itinerary at the time of the USCIS approval of the
application.If a member of a group, may NOT perform services separate
and apart from the entertainment group. USCIS Form I-797 authorizes
employment and no EAD card is required. |
| P-2 Artist or
Entertainer Under a Reciprocal Exchange Program |
An individual in the
U.S. as an artist or entertainer, individually or as a group, who
will be performing under a reciprocal exchange program between an
organization in the U.S. and one in a foreign state. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed and
compensated ONLY by the petitioning employer or agency through which
the visa status was obtained. If sponsored by an agent, on the itinerary
at the time of the USCIS approval of the application. USCIS Form
I-797 authorizes employment and no EAD card is required. |
| P-3 Artist or
Entertainer in a Culturally Unique Program |
An individual in the
U.S. as an artist or entertainer, individually or as a group, recognized
for excellence in developing, interpreting, representing, coaching
or teaching a unique or traditional ethnic, folk, cultural, musical,
theatrical or artistic performance or presentation. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed and
compensated ONLY by the petitioning employer or agency through whom
the visa status was obtained. If sponsored by an agent, all entities
must have been included on the itinerary at the time of the USCIS
approval of the application. USCIS Form I-797 authorizes employment
and no EAD card is required. |
| P-4 Dependents
of P-1, P-2 or P-3 visa holders |
An individual in the
U.S. as the dependent of the holder of a P-1, P-2 or P-3 visa. |
May engage in full or
part-time study. |
Not permitted to be
employed or receive compensation from any U.S. source. |
| Q Participant
in an International Cultural Exchange Program |
An individual in the
U.S. as a participant in an international cultural exchange visitor
program approved by the Attorney General to provide practical training,
employment, and the sharing of the history, culture and traditions
of the foreign national's country. (Also known as the Disney Visa) |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid visa status. |
May be employed and
compensated only by the petitioning employer or agency through which
the visa status was obtained. USCIS Form I-797 authorizes employment
and no EAD card is required. |
| R-1 Religious
Worker |
An individual in the
U.S. as a member of a bona fide religious denomination carrying
out the activities of a religious worker. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid R visa status. |
May be employed and
compensated only by the religious organization through whom the
status was obtained. No EAD required. |
| R-2 Dependents
of R-1 visa holders |
An individual in the
U.S. as the dependent of an R-1 visa holder. |
May engage in full-time
study |
Not permitted to be
employed or receive compensation from any U.S. source. |
| S-5 and S-6
Aliens Assisting in Law Enforcement S-7 Dependents of these individuals |
Individuals in the U.S.
to provide critical information to federal or state authorities
essential to the success of a criminal investigation. Or, individuals
in the U.S. to supply such critical information who might be in
danger for supplying this information and who are eligible for a
reward under State Dept. legislation. |
May study full or part
time while maintaining valid visa status. |
An individual in S
visa status may apply for employment authorization from the USCIS.
EAD card issued by USCIS is required for employment. |
| TN (Trade NAFTA)(for
citizens of Canada and Mexico)TD Dependents |
An individual in the
U.S. to perform services of a professional nature for a sponsoring
employer in a specific position for a fixed period of time. Dependents
of individuals in TN visa classification. |
May engage in study
if incidental to the primary purpose of the stay in the U.S. while
maintaining valid TN visa status. TD dependents may study full or
part time. |
Eligible to be employed
and compensated only by the petitioning employer through whom the
status was obtained in an activity in accordance with the provisions
of the treaty. Canadians require only an I-94 card as employment
authorization. Mexicans require USCIS Form I-797. No
EAD card is require. TD Dependants are not permitted to
be employed in the U.S. |
