What are the different categories for temporary work visas?

Specialty Occupations (H1B) :
Up to 115,000 H1Bs are issued every year, a number that will decrease to 107,500 for fiscal year 2001 and 65,000 for fiscal year 2002 and thereafter, unless legislation is passed to increase the quota or to do away with the limit entirely. H1Bs are usually issued in three-year increments, with a maximum duration of six years. The six-year clock is paused if the person departs the U.S. for one year. A few examples of positions considered specialty occupations in this category are: accountants, computer programmers, dietitians, graphic designers, industrial designers, journalists, researchers and scientists.
Requirements include a job offer from a U.S. employer, with the prospective employee possessing a minimum of a bachelor’s degree or its equivalent and the employer paying a salary commensurate with the prevailing wage rate for persons in that occupation and geographic location.

Exchange Visitors (J-1) :
A wide variety of organizations and educational institutions may qualify to sponsor persons as exchange visitors on the J-1 visa. Persons with skills listed on the Exchange Visitors Skills list, and those participating in government funded programs or graduate medical training must comply with a two-year home residency requirement.

Treaty Traders (E-1) and Treaty Investors (E-2) :
Owners and key employees of businesses which conduct a substantial volume of trade between the U.S. and the home country are treaty traders (E-1); and where a substantial amount of capital has been invested in the U.S. and jobs have been created for U.S. workers are referred to as treaty investors (E- 2). To qualify, the home country must have a treaty with the U.S. Some treaties enable only E-1s, or only E-2s, while others provide for both categories.

Intra-company Transferees (L-1)
Executives, managers, or persons with specialized knowledge employed in a company abroad, may transfer to the U.S. branch, affiliate, or subsidiary to assume a similar position. To qualify, the individual must have been employed in one of the above capacities, for the foreign-based company during one of the past three years before entering the U.S. Maximum duration of status is seven years for executives and managers and five years for persons with specialized knowledge.

Other temporary visas are also available for Persons of Extraordinary Ability in the arts, sciences, education or business or sports(O-1/2); Athletes and Entertainers (P); Religious Workers (R-1); and family members of the aforementioned categories.

Who is entitled to an H1B status and for how long?

In order to qualify for H1B status, one must have a job offer from a U.S. employer offering a salary commensurate with the prevailing wage rate for persons in that occupation and geographic location. One must also possess the minimum of a university baccalaureate degree (which should be considered equivalent to a degree from an accredited university in the U.S.) in the specialty occupation.

There is a limited number of H1Bs that can be issued each fiscal year (Oct 1-Sep 30), usually in three-year increments, with a maximum duration of six years. The six-year clock can be paused if the person departs the U.S. for one year. A few examples of positions considered professional in this category are: accountants, computer programmers, dietitians, graphic designers, journalists, researchers, and scientists.

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