Non-Immigrant Visas

A non-immigrant visa allows a person to travel to a U.S. port of entry (typically at a border or airport) and request permission from the Department of Homeland Security (DHS) to visit for a specific purpose.  The specific purpose can be almost anything and the non-immigrant visa allows a person to stay temporarily.  An applicant for a temporary visa must also have a foreign residence that he or she does not intend to abandon. The exact length of time a person can stay depends on the status under which he or she enters.  A person admitted under one status may be eligible to change status to stay longer or to change the purpose for which he or she is remaining. In order to stay in the U.S permanently a person must adjust status to that of a permanent residence (a green card) either through an employment based adjustment or a family based adjustment. The list below contains brief descriptions of the most commonly sought-after non-immigrant visa categories. We recommend that you contact an immigration attorney to help determine the appropriate category and obtain your visa. The process for obtaining a non-immigrant visa varies greatly depending on the type of visa.  This process is complicated and can confuse even the most brilliant PhD as so much of immigration law is contained in Memoranda or other unofficial documents rather then in statutes or regulations.  An improperly completed application or one without the correct supporting evidence can result in a denial for a person who should be allowed to enter. An immigration lawyer can also help extend a visa that is about to expire if possible, change status to a new category, and obtain legal status and work authorization for immediate family members (if they are eligible).  Properly positioning a nonimmigrant case is crucial if the applicant later decides to apply for permanent residency (green card).

B-2: Visitor visa

The B-2 visitor visa is the most common visa.  A B-2 visa does not grant a person the right to work in the United States.  Applicants for a B-2 visa must demonstrate that:

• The purpose of the trip is for pleasure or medical treatment.
• They plan to stay for a specific time period.
• They have enough money to cover the cost of their time in the United States.
• They are tied to their home country by family, job, and other attachments.
• They have a residence outside the U.S. to which they will return after the visit.

B-1: Temporary visitor for business

The B-1 visa is similar to the B-2 visa, but it is intended for a visitor conducting business in the United States who will remain on the payroll of a foreign company.

• It does not allow a person to be employed in the United States.
• Specific activities related to a foreign or U.S. business are OK.

E visas: Treaty traders and investors

This category is really two subcategories: the E-1 (a treaty trader visa) and the E-2 (a treaty investor visa). If a treaty of friendship, commerce, and navigation exists between the United States and a foreign country, the citizens of this foreign country may be eligible for an E visa. NOTE: Citizenship and not country of birth is the factor for determining eligibility.  Here is a list of the E visa countries. E visas grant special benefits not available to many other non-immigrant visa categories and also allow the E spouse to obtain an open-market work permit. E visa holders:

• May extend the duration of their visa indefinitely.
• Are not required to show ties to home country provided they affirm they will leave the United States when their period of authorized stay expires.
• May engage in self-employment as an entrepreneur.

 

E-1 Treaty Traders

The E-1 visa allows an individual to enter the United States on a non-immigrant basis for the sole purpose of carrying on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty with the United States.

E-2 Treaty Investors

The E-2 is available to nationals of the treaty country who are engaging in investment in the United States. The investor must show that he or she has invested or is actively in the process of investing a substantial amount of capital in a real and operating commercial enterprise. He or she must also be in a position to “develop and direct” the enterprise. E-2 visas are also available to employees provided they have the same home country as the employer and the job duties require special qualifications essential to the business. Here is more information on the E-2 investor visa.

E-3 Visas

E-3 visas are very similar to an H-1B visaexcept that E-3 visas are only available to Australian Nationals. There are several other important differences:

1. The spouse of an E-3 visa holder may obtain an open market work-permit
2. There is a separate annual quota of 10,500 (this has never been met).
3. Dual Intent is not recognized.  So E-3 visa holder should switch over to an H-1B or other dual intent status before starting the permanent residency process.

L-1: Intra-company transfers

The L-1 visa allows foreign companies to temporarily transfer executives and managers (“L-1A”) and technical personnel having “specialized knowledge” (“L-1B”) to affiliates or subsidiaries in the United States. Executives and managers who qualify for L-1A status often also qualify for permanent residence under the employment-based first preference immigrant category. The L spouse receives an L-2 visa and may obtain an open-market work permit. The L beneficiary must establish that he or she has worked in an executive, managerial, or specialized knowledge capacity abroad and will work in a similar capacity in the United States. Here is more information on the L-1 visa

H-1 B: Specialty occupation professionals

H1-B visas are issued to workers with a job offer for a specialty occupation.  A specialty occupation is one which requires a BA/BS or the equivalent (3 years of experience = 1 year of college).  Currently only 65,000 H1-B visas are available each year, with an additional 20,000 available for graduates from a U.S. advanced degree program.  Click for more information on H-1B visas.

TN visas: Canadian and Mexican Professionals under NAFTA

Canadian and Mexican citizens who work in specific professions may enter the United States under TN status, in order to work for a U.S. company on a temporary basis. Eligible professionals may also work for Canadian or Mexican companies in the United States. The intended activity must be in a profession listed in Appendix 1603.D.1 of NAFTA.

K visas: Fiancé(e)s and spouses of United States citizens

• K-1: Allows a fiancé(e) of an American Citizen to enter the country for the sole purpose to complete a valid marriage within 90 days.
  • Must have had at least one face-to-face meeting within the last two years or be exempt from this requirement.
  • K-2 visas are granted to the dependent minor (under 21) children of the fiancé accompanying the K-1 principal.
• K-3: Allows the spouse of a United States Citizen awaiting the processing of his or her green card to enter.
  • K-4 visas are granted for any unmarried minor children of the K-3 principal.

O visas: Aliens of extraordinary ability and accompanying workers

• O-1 status is available to aliens of extraordinary ability in the arts, sciences, education, business and athletics. This category is most frequently sought after by individuals with extraordinary talents in the arts as they are not included under the L-1, H-1B, or P-1 category.
  • The definition of extraordinary depends on the field of the alien’s endeavor. For an artist, he or she must have obtained a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered.
  • This category is available for ANY field, including many  outside of the traditional science and business fields such as bridge, poker, sports, and any other skill for which the individual is internationally renowned.
• O-2 status is available to aliens who seek entry to accompany an O-1 alien working in the field of arts or athletics and whose essential skills make them integral to the performance.
• O-3 status is available to dependents of O-1 or O-2 aliens.

 

P visas: Internationally recognized athletes and entertainment groups

• P-1:
  • Athletes: An athlete must be internationally recognized either individually or as a member of a team that has been internationally recognized.
    • The athlete must have a tendered contract with a major United States sports league or team.
      • Possible exceptions exist for individual sports such as golf or tennis where contracts do not typically exist.
  • Entertainers: To qualify, an entertainer must perform as a member of an entertainment group (2 or more people). An individual entertainer must seek admission under the O-1 category.  The group must have been nationally or internationally recognized as outstanding in the discipline for a sustained period of time.
• P-2: Granted for artists and entertainers (alone or with a group) who seek to enter the United States to perform under a reciprocal exchange program.
• P-3:  Culturally Unique Artists and Entertainers
  • The term culturally unique is defined as “a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.”
• P-4: Available for dependent spouses and children of a P-1, P-2, or P-3 alien.

 

J-1: Exchange visitors

• A bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of specialized knowledge or skill, who is coming temporarily to the United States to participate in a program designated by the Department of State.
• For the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.
  • If a person is coming to the United States to receive graduate medical training he or she must also meets the requirements of §212(j) of the Immigration and Nationality Act.
• J-2:  The spouse and minor children of a J-1 may accompany or follow to join under J-2 status.  Certain J-2 dependents may apply for work authorization to work for any employer.

 

Students

• F-1:
  • The alien must have a residence in a foreign country which he or she has no intention of abandoning.
  • A qualified student must seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States.
    • F-2 visas are available for the spouse and minor children of the principal applicant once the F-1 is approved.
• M-1:
  • The alien must have a residence in a foreign country which he or she has no intention of abandoning.
  • The intention to enter the United States temporarily and solely for the purpose of pursuing a full course of study at a vocational or other recognized nonacademic institution.
    • M-2 visas are available for the spouse and minor children of the principal applicant once the M-1 is approved.

R-1: Religious workers

• The alien must have been a member of the same religious denomination as the employer for the preceding 2 years.
  • The religious denomination must be a bona fide nonprofit religious organization in the United States.
• The purpose for entering must be:
  • As a minister , or
  • As a religious professional, or
  • As a religious worker at the request of the religious organization.
    • The activity must relate to a traditional religious function.

H-2: Temporary seasonal workers

• H-2A temporary agricultural workers
• H-2B nonagricultural workers
  • An alien coming to the United States under this category must demonstrate that he or she will not be displacing United States workers capable of perform the service or labor.
  • There is a quota for this category which is done on a 6-month basis.