Lawyers4Arabs Editorial Team

Legal Content Team

Key Takeaways

  • H-1B visas for specialty occupations have an annual cap of 85,000—lottery selection happens in March.
  • L-1 visas for intracompany transfers have no annual cap and allow dual intent (working toward green card).
  • F-1 student visas allow OPT work authorization after graduation, with STEM fields getting an extra 24 months.
  • E-2 investor visas require "substantial" investment but have no minimum amount—typically $100K+ is needed.
  • Some visas (H-1B, L-1, O-1) allow dual intent; others (B-1/B-2, F-1) require non-immigrant intent.

Important Disclaimer

This guide provides general information and is not legal advice. Every case is unique. Lawyers4Arabs is not a law firm. Consult with a qualified attorney for advice about your specific situation.

Understanding U.S. Visas

U.S. visas fall into two main categories: immigrant visas (for permanent residence) and non-immigrant visas (for temporary stays).

Immigrant vs. Non-Immigrant Visas

Immigrant Visas lead to permanent residence (green card):

  • Family-based immigrant visas
  • Employment-based immigrant visas
  • Diversity Visa Lottery
  • Special immigrant visas

Non-Immigrant Visas are temporary:

  • Work visas (H-1B, L-1, O-1)
  • Student visas (F-1, J-1, M-1)
  • Tourist/Business visas (B-1/B-2)
  • Exchange visitor visas
  • And many others

Dual Intent

Some visas allow "dual intent" - you can intend to stay temporarily AND pursue permanent residence:

  • H-1B
  • L-1
  • O-1

Other visas require "non-immigrant intent" - you must intend to return home:

  • B-1/B-2
  • F-1 (with some flexibility)
  • Most others

Work Visas

H-1B Specialty Occupation

Who qualifies:

  • Workers in specialty occupations requiring bachelor's degree or higher
  • Examples: engineers, IT professionals, scientists, architects

Key features:

  • Annual cap of 65,000 + 20,000 for U.S. master's degrees
  • Lottery selection (March each year)
  • Initial 3 years, extendable to 6
  • Dual intent allowed
  • Employer sponsorship required

L-1 Intracompany Transferee

Who qualifies:

  • Managers, executives, or specialized knowledge workers
  • Transferring from foreign office to U.S. office of same company
  • Worked abroad for 1 year in past 3 years

Key features:

  • L-1A (managers/executives): 7 years maximum
  • L-1B (specialized knowledge): 5 years maximum
  • No annual cap
  • Dual intent allowed

O-1 Extraordinary Ability

Who qualifies:

  • Individuals with extraordinary ability in sciences, arts, education, business, or athletics
  • Must demonstrate sustained national or international acclaim

Key features:

  • No annual cap
  • Initial 3 years, unlimited extensions
  • Very high standard of evidence required

E-2 Treaty Investor

Who qualifies:

  • Citizens of treaty countries
  • Investing substantial capital in U.S. business
  • Business must not be marginal

Key features:

  • No minimum investment amount (but must be "substantial")
  • 2-year increments, unlimited renewals
  • Does NOT lead to green card directly

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Student Visas

F-1 Academic Student

Who qualifies:

  • Accepted to SEVP-certified school
  • Full-time student pursuing academic program
  • Sufficient funds to support study

Key features:

  • Duration of status (D/S) - valid as long as maintaining student status
  • Can work on-campus (20 hrs/week during school, full-time during breaks)
  • OPT (Optional Practical Training) after graduation
  • STEM OPT extension for eligible fields (additional 24 months)

J-1 Exchange Visitor

Who qualifies:

  • Participants in designated exchange programs
  • Categories include research scholars, professors, au pairs, summer work travel

Key features:

  • Specific to program category
  • Some subject to 2-year home residency requirement
  • Work authorization depends on category

M-1 Vocational Student

Who qualifies:

  • Accepted to vocational/non-academic program
  • Examples: culinary arts, technical training

Key features:

  • Limited to 1 year
  • More limited work authorization than F-1

Frequently Asked Questions

What is the difference between a visa and a status?#

A visa is a stamp in your passport that allows you to apply for admission to the U.S. Status is your authorized period of stay once admitted. A visa can expire while you're in the U.S. without affecting your status, as long as you maintain valid status.

Can I change from one visa type to another?#

In many cases, yes. You can apply to change status while in the U.S. using Form I-539 (for most non-immigrant categories) or I-129 (for work visas). However, some changes are restricted, and entering on one visa with intent to change to another can be problematic.

Sources & Citations

  • INA § 101 (Definitions)
  • USCIS - Types of Visas
  • travel.state.gov

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