The non-immigrant visa category has three main visa classifications; business visas, visitor visas and study visas.
HOT TIP: there are more than 20 non-immigrant visa types and each visa type has its own criteria to
determine if an individual is eligible for a specific visa class.
The common visa classifications and types are highlighted in the chart below:
Non-Immigrant Visitor and Study Visas |
Visa Type |
Criteria |
Visa Validity |
F-1 |
Academic studies in the United States at an approved school and course of study is more than 18 hours a week. Applicants who apply for an F-1 visa must attend an accredited U.S. college or university, private secondary school or approved English language program.Work authorization is limited. |
Dependent on duration of studies |
B-2 |
Temporary travel for the purpose of tourism, short course of studies (non-academic) and some volunteer opportunities, may not work. |
Depending on your citizenship, you may be eligibile for a 5 or 10 year multi-entry v |
B-2 |
Travel for medical treatment, may not work. |
Based upon the country reciprocity schedule.
Australian citizens are generally issued for 12 months. |
HOT TIP: an applicant may not be required to apply for a U.S. visa if they are nationals (passport holders) of countries participating in the “visa waiver program”.
ESTA (Visa Waiver) |
Temporary travel for the purpose of tourism for citizens from visa waiver countries. Applicants, who meet this requirement, must complete the online Electronic System for Travel Authorization (ESTA) form prior to travelling to the United States. |
The ESTA registration is good for 2 years. You may enter on a visa waiver up to 90 days on each visit. |
Non-Immigrant Business Visas |
Visa Type |
Eligibility |
Visa Validity |
B-1 |
Applicant does not meet the requirements of the “visa waiver program” or applicant needs to be in the U.S. longer than 90 days. May not earn income while in the U.S. |
Based upon the country reciprocity schedule.
Australian citizens are generally issued for 5 years multi-entry. |
E-1 |
The Treaty Trader is for citizens or company of a country with which the U.S maintains a treaty of commerce and navigation
Australia is a treaty country Dependent Spouses may receive work authorization. |
Initial two year period; four years for a principal investor (50% owner) |
E-2 |
The Treaty Investor is for citizens or company of a country with which the U.S maintains a treaty of commerce and navigation
Australia is a treaty country Dependent Spouses may receive work authorization. |
Initial two year period; four years for a principal investor (50% owner) |
E-3 |
Applicant to work solely in a specialty occupation. At minimum a bachelor degree is required
Sponsorship from an employer required Dependent Spouses may receive work authorization. |
Initial two year period
Visa is renewable in two year increments
|
H-1B |
Applicant has secured a professional job
Dependent Spouses may NOT receive work authorization. |
Initial two year period
Visa is renewable in two year increments, up to 6 years. |
L-1A |
Applicant is an employee of an international company who has a presence in the U.S. and temporarily transferring the employee to the U.S.
Applicant must be a position as a manager or executive Dependent Spouses may receive work authorization. |
Initial three year period; new office applications have an initial one year period.
Visa can be renewed to a maximum of seven years |
L-1B |
Requirements similar to an L-1A however an L-1B applicant must have specialized knowledge
The employer also intends to promote the employee to a manager or executive position
Dependent Spouses may receive work authorization.
|
Initial three year period; new office applications have an initial one year period.
Visa can be renewed to a maximum of five years
|
HOT TIP: For each visa class listed above, there are additional requirements and a qualified U.S. immigration lawyer will have the specialized knowledge and experience to advise which visa is most suitable for an individual intending to travel to the U.S.