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Business Visas

A successful business meeting led by a man with a business visa.

Business Visas

Business visas in the United States come in a variety of forms, and each apply to specific types of work circumstances. Individuals looking to qualify for a business visa need to first identify which requirements they meet to then identify the type of business visa they can apply for. Our specialized immigration lawyers at Barringer Law Firm can help you navigate the business visa application process.

Types of Business Visas

There are three basic categories of business visas in the United States: Work Visas, Employment-Based Visas, and Temporary Business Visas. The below table outlines the different visa types available and what is required for qualification:

visa type
qualifying workers
H-1B Specialty Occupations Occupation required: Theoretical and practical application of a body of highly specialized knowledge; and Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
H-2A Agricultural Workers
  • Offer a job that is of a temporary or seasonal nature.
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.”See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
H-2B Non-Agricultural Workers Agricultural WorkersTo qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):
    • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
      • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
      • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR

    • Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

      • Traditionally tied to a season of the year by an event.
visa type
qualifying workers
B-1 Temporary Business Visa You must demonstrate the following in order to be eligible for a B-1 visa: 

  • The purpose of your trip is to enter the United States for business of a legitimate nature 
  • You plan to remain for a specific limited period of time 
  • You have sufficient funds to cover the expenses of the trip and your stay in the United States 
  • You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit 
visa type
qualifying workers
EB-1A Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers; multinational managers and executives.
EB-2 Members of the professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.
EB-3 Skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal.
EB-4 Certain “special immigrants” including religious workers, employees of U.S. foreign service posts.
EB-5  Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full-time U.S. workers.
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