Nonimmigrant Visa Overview
Nonimmigrant Visa Type Requires Sponsorship Duration of Visa Self-petition Eligible for Premium Processing Can intend to immigrate to the US Travel Permission Work Permission Spousal Employment Authorization
Visa Waiver No Typically 3 months Yes N/A No Yes No No
B-1 Visitor for Business Invitation letter required To complete purpose of trip (<6
months)		 Yes No No Yes No No
B-2 Visitor for Pleasure No Typically 6 months Yes No No Yes No No
E-1
Treaty Trader		 Yes 5 years; extended indefinitely No Yes No Yes Yes Yes with I-765 approval
E-2 Treaty Investor Yes 5 years; extended indefinitely No Yes No Yes Yes Yes with I-765 approval
F-1 Student School must sponsor Duration of Status No No No Yes with school approval Possible with school and/or USCIS approval No
F-2
Dependent		 Must accompany F-1 family member Duration of Status No No No Yes No N/A
H-1B Worker Employer must sponsor Up to 6 years (longer under some
circumstances)		 No Yes Yes Yes Yes No
H-1B1 Chile, Singapore Employer must sponsor Up to 6 years (longer under some
circumstances)		 No Yes Yes Yes Yes No
E-3
Australia		 Employer must sponsor Up to 6 years (longer under some circumstances) No No No Yes Yes Yes with I-765 approval
H-3
Trainee		 Employer must sponsor Up to 2 years; no extension No Yes No Yes Yes as a stipend No
H-4 Dependent Must accompany H-1B family member Up to 6 years (longer under some
circumstances)		 No With H-1B filing Yes Yes No N/A
J-1 Exchange Visitor Approved agency must sponsor Varies No No No Yes Possible with school and/or DOS
approval		 Yes with I-765 approval
K-1 USC fiance must sponsor 6 months No No Yes Yes Yes with I-765 approval N/A
K-3 USC spouse must sponsor 6 months No No Yes Yes Yes with I-765 approval N/A
L-1A
Intracompany Transfer		 Employer must sponsor Up to 7 years; no extension No Yes Yes Yes Yes Yes with I-765 approval
L-1B
Intracompany Transfer		 Employer must sponsor Up to 5 years; no extension No Yes Yes Yes Yes Yes with I-765 approval
O-1 Extraordinary Ability Employer must sponsor Up to 3 years and can be extended
indefinitely		 No Yes No Yes Yes No
R-1
Religious Worker		 Employer must sponsor Up to 5 years; no extension No Yes No Yes Yes No
TN-1 Trade NAFTA (Canadian National) Employer must sponsor Up to 3 years; extension possible No Yes No Yes Yes No
TN-2 Trade NAFTA (Mexican National) Employer must sponsor Up to 3 years; extension possible No Yes No Yes Yes No
Disclaimer: The information included in this page has been prepared by Garfinkel Immigration Law Firm for information purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.