I. Main Visa and Work Authorization Types

These are the principal routes covered in this guide and are not an exhaustive list of all United States visa categories.

1. Short-Term Tourism and Business Visits

Mainland Chinese ordinary-passport holders travelling to the United States for short-term tourism or business visits generally need a B-1/B-2 visa and are not eligible for the ESTA Visa Waiver Program.

B-1 is for permitted temporary business activities, while B-2 is for tourism, family visits, and similar visitor purposes. Neither replaces authorization for local employment in the United States.

The visa validity period determines when the holder may seek entry. The I-94 record determines the authorized period of stay for that admission. The two should not be confused.

Whether an activity qualifies as a business visit depends on the actual activities, not merely the itinerary label or where salary is paid. Equipment installation, repair, training, and on-site client services should be reviewed carefully to determine whether work authorization or a specific exemption is required.

2. H-1B Specialty Occupation Status

H-1B applies to specialty occupations that normally require a relevant bachelor’s degree or an equivalent level of qualification.

The proposed role must be a specialty occupation that normally requires a relevant bachelor’s degree or equivalent qualification. The applicant must have the corresponding degree, equivalent work experience, or an applicable professional licence.

The employer must provide a genuine role, a compliant Labor Condition Application (LCA), and a clearly identified work location. The employee’s wage must be no lower than the higher of the applicable prevailing wage and the employer’s actual wage.

Cap-subject H-1B petitions must also comply with the applicable registration and selection rules.

The initial H-1B status period is generally up to three years, and the usual cumulative maximum is six years, subject to statutory exceptions.

The applicant may work for the approved employer, in the approved role and location, only while holding valid work-authorized status or meeting an applicable statutory portability condition. An extension or material change may require a new or amended petition.

After employment ends, a discretionary grace period of up to 60 days may apply, but it cannot extend beyond the remaining I-94 validity period. The grace period does not automatically authorize work for a new employer.

3. L-1A/L-1B Intracompany Transferee Status

L-1 is for employee transfers within a qualifying multinational group:

A qualifying parent, subsidiary, affiliate, or branch relationship must exist between the US and overseas entities, and the relevant businesses must remain operational.

The employee generally must have worked continuously for the related overseas entity for at least one year within the preceding three years. The proposed duties must also meet the L-1A managerial or executive standard or the L-1B specialized-knowledge requirement.

Initial status is generally granted for up to three years; the initial period for a US new office is generally one year. The cumulative maximum is seven years for L-1A and five years for L-1B.

The holder must work for the approved group entity and perform the approved duties while maintaining valid status. Changes to the corporate relationship, role, work location, or organizational arrangements may require an amended petition.

Termination of the group assignment or employment does not automatically preserve the individual’s existing right to work.

4. O-1A/O-1B Extraordinary Ability Status

O-1 applies to individuals meeting the official extraordinary ability or achievement standard in a specified field:

The applicant must meet the extraordinary ability or achievement standard for the relevant O-1 category, and a US employer or eligible agent must file the petition.

The filing should include a genuine contract, an itinerary, and the normally required advisory opinion from an appropriate peer group or labor organization. Applicants in regulated professions must still meet the applicable licensing requirements.

The initial O-1 status period is based on the time needed to complete the approved activities and is generally no more than three years. Extensions for the same activities are generally available in increments of up to one year.

The holder may perform only the approved activities while maintaining valid status. A new employer or material change in the activities may require a new or amended petition.

Once the approved activities or employment end, the applicant may not continue unauthorized work.

II. Entry, Dependants, and Other Arrangements

1. Entry and Maintenance of Status

The visa, approved work petition, and I-94 record should correspond to the applicant’s actual activities, and their validity periods should align.

A pending application, employment contract, or invitation letter does not by itself prove that entry, stay, or work has already been authorized.

Visa validity is not the same as the period authorized for each stay. After admission, check the status category and expiry date shown on the I-94 record.

2. Accompanying Dependants

Dependants of H-1B holders may apply for H-4 status. An H-4 spouse may obtain work authorization only if the statutory H-4 EAD conditions are met; not every H-4 dependant may work automatically.

Dependants of L-1 holders may apply for L-2 status. A spouse’s right to work should be confirmed under the current L-2S and I-94 rules. Children do not automatically obtain work authorization through L-2 status.

Dependants of O-1 holders may apply for O-3 status, but O-3 dependants generally do not have the right to work.

Dependants, students, transit travellers, and holders of other personal statuses must separately satisfy the relevant conditions. The principal applicant’s work status cannot be used directly as a dependant’s entry or employment authorization.

III. Extensions, Changes, Employment Termination, and Status Maintenance

US work-authorized status is often connected to a particular employer, role, work location, corporate relationship, or itinerary. When these conditions change, both work authorization and lawful-stay requirements should be reviewed. Amending an employment contract or internal arrangement alone may not be sufficient.

IV. Support Available From sailglobal

If your company plans to send personnel to the United States for business visits, specialty-occupation employment, intracompany transfers, extraordinary-ability activities, short-term projects, or accompanying-family arrangements, sailglobal can help explain the applicable route and filing requirements based on the individual’s status, professional qualifications, duties, employer or group relationship, and itinerary.

Visa and work-status applications are decided independently by the relevant US authorities. sailglobal does not guarantee an approval outcome or a fixed issuance date.