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Non-Immigrant Visas
The B-1 visa is issued at the US Consulate and allows entry into the United States for participation in business activities such as contract negotiation, litigation, business meetings and conventions, missionary service, domestic helpers of other individuals holding nonimmigrant status, professional athletes participating in tournaments, and supervisors or trainers of construction work and installation, service and repair of machinery. Time of stay varies and is determined at the port of entry by the US CBP Officer. Usually the maximum admission period does not exceed six months.
The B-2 visa is for visitors who are coming to the United States for pleasure, such as vacation, visiting friends and family, attending special events like a wedding, receiving medical treatment, or attending musical or sporting events. To obtain a visa at a US consulate abroad, an applicant must demonstrate ties (e.g., school enrollment, property, bank account records, family, etc.) to his/her home country, proving he or she intends to return to his/her home country. Typically, individuals with B-2 status are initially admitted for 6 months and can extend their stay in B-2 status for an additional 6 months, if there is a reasonable justification.
The E visa is a category of non-immigrant visas available to individuals who wish to enter the United States for the purpose of engaging in trade or investment activities.
These visas are available to individuals who are citizens of countries with which the United States maintains a Treaty of Friendship, Commerce or Navigation. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.
There are two main types of E visas:
- E-1 Visa (Treaty Trader Visa): The E-1 visa is for individuals who are nationals of a country with which the United States has a treaty of commerce and navigation and who wish to come to the U.S. to engage in substantial trade. To qualify for an E-1 visa, the individual or their employer must be actively involved in substantial trade between the United States and the treaty country. The trade must involve the continuous exchange of goods, services, or technology.
- E-2 Visa (Treaty Investor Visa): The E-2 visa is for individuals who are nationals of a treaty country and who wish to come to the United States to develop and direct the operations of a business in which they have invested a substantial amount of capital. The investment must be "substantial" and the applicant must be seeking to enter the United States solely to develop and direct the investment enterprise.
Additionally, applicants must meet specific eligibility criteria and provide evidence to demonstrate their qualifications for the visa.
E visas may be issued at the US Consulate, and the admission period into the US is usually for two years.
E visa holders are typically allowed to bring their spouses and unmarried children under the age of 21 to the United States on E-1 or E-2 dependent visas.
One significant advantage of the E visa is that it may be renewed without limits, so long as the trade or investment is ongoing.
The F-1 visa is issued to individuals coming to the United States to pursue academic studies and/or language training programs. The F-1 visa is available to full-time academic students. These students must be enrolled at an accredited school with a specific degree as their focus. In order to qualify for an F-1 visa, the student must be coming to the US to attend college, university, high school, private elementary school, seminary, conservatory, or another institute such as a language training program.
The J-1 visa applies to a wide variety of international exchange programs. Before applying for a J-1 visa, candidates must apply and be accepted into an exchange program sponsored by a qualifying organization. Examples of exchange visitors include the following: professors or scholars, research assistants, students, trainees, teachers, nannies/au pairs, and camp counselors
The M-1 visa is for vocational students who are seeking to come to the US to learn about a specific vocation or trade. Required qualifications are similar to those of the F-1 visa, but they apply to recognized nonacademic institutions other than foreign language training programs.
The H-1B visa is a work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. The specialty occupations require specialized knowledge and a bachelor's degree or higher in a specific professional field such as science, engineering, or computer programming. It is often utilized in industries such as business, technology, healthcare, finance, and engineering, among others.
To obtain an H-1B visa, the employer must sponsor the foreign worker and submit a petition to the U.S. Citizenship and Immigration Services (USCIS). The petition must demonstrate that the position qualifies as a specialty occupation and that the foreign worker meets the educational and professional requirements for the job.
Once approved, the H-1B visa allows the foreign worker to work in the United States for an initial period of up to three years, with the possibility of extension for up to six years.
H-1B visa holders can also bring their spouses and unmarried children under the age of 21 to the U.S. on H-4 visas. This will allow them to reside in the US but typically do not permit employment.
It's important to note that the H-1B visa program has certain limitations, including an annual cap on the number of visas issued each fiscal year, as well as specific requirements and regulations governing wages and working conditions for H-1B workers.
Since the demand for H-1B visas often exceeds the annual quota set by the U.S. government, USCIS has set up the H-1B lottery to randomly select a limited number of petitions from the pool of applications submitted. The H-1B lottery typically occurs in March of each year for the fiscal year starting in October of the same year.
Those selected will then be allowed to file the petitions that will be processed by USCIS for adjudication of the H-1B classification.
The H-1B1 visa program provides citizens of Singapore and Chile with an opportunity to work temporarily in the United States in specialty occupations, facilitating the exchange of skilled workers between these countries and the U.S.
This visa is somewhat similar to the H-1B described above, with one key difference: It is only applicable to citizens of Singapore and Chile. H-1B1 visas are currently capped at 6,800 per year, with 1,400 from Chile and 5,400 from Singapore.
The H-1B1 visa allows individuals to work in the United States for an initial period of up to one year, with the possibility of extensions in one-year increments.
Agricultural employers in the US who anticipate a shortage of US workers for a specific season or temporary period of time may seek to employment foreign nationals through the H-2A visa. Employment can last no longer than one year and cannot adversely affect the wages or working conditions of similar US workers.
Similarly, the H-2B Visa may be used when a non-agricultural employer faces a shortage of willing or qualified US employees for temporary work. Employment for the H-2B must include a specified area of intended employment, and also cannot adversely affect the wages or conditions of similar US workers.
The H-3 is a visa for trainees who are coming to the US in order to receive training that is not available in their home country. This visa does not apply for graduate or medical education. The training should be job-related and the trainee must intend to go back to their home country after it is completed.
The I visa is reserved for individuals who seek to enter the United States temporarily for the purpose of engaging in their profession as representatives of foreign media outlets. This includes journalists, reporters, editors, film crews, and other media personnel.
The I visa allows for a temporary stay in the United States for the duration of the specific media assignment or activity. It is typically granted for the duration of the project or assignment, with the possibility of extensions if necessary.
To qualify for an I visa, individuals must be employed by a foreign media organization and be coming to the United States to engage in activities relating to the gathering and dissemination of news or information. They must demonstrate that they are bona fide representatives of the media and that their activities in the United States are solely for journalistic purposes.
Spouses and unmarried children under the age of 21 of I visa holders may accompany them to the United States on derivative visas (I-2 or I-3 visas). However, dependents cannot work in the U.S. while on these visas.
Visas are for foreign media representatives coming to the US to cover news or other events. It may be applicable to any member of a media team, such as photographers, cameramen, reporters, editors, etc. It is available to media teams working in various types of outlets, such as radio, television, film, etc. I Visa applicants must demonstrate that they are a bona fide representative of a foreign media outlet with a home office in that foreign country.
The L-1 visa is a non-immigrant visa category in the United States, designed for intracompany transferees. It allows multinational companies to transfer certain employees from their foreign offices to their offices in the United States.
There are two types of L-1 visas:
L-1A Visa: This visa is for intracompany transferees who are executives or managers. To qualify for an L-1A visa, the applicant must have been employed in an executive or managerial position for at least one continuous year out of the three years immediately preceding their application and must be coming to the United States to work in an executive or managerial capacity for the same employer or a qualifying subsidiary, affiliate, or parent company.
L-1B Visa: This visa is for intracompany transferees who have specialized knowledge. To qualify for an L-1B visa, the applicant must have specialized knowledge of the company's products, services, research, systems, techniques, or other interests and must have been employed in a position requiring this specialized knowledge for at least one continuous year out of the three years immediately preceding their application. The L-1B visa allows employees to come to the United States to work in a specialized knowledge capacity for the same employer or a qualifying subsidiary, affiliate, or parent company.
Key features of the L-1 visa include:
Intracompany Transfers: The L-1 visa is specifically for employees who are being transferred from a foreign office of their employer to a U.S. office of the same employer.
Dual Intent: L-1 visa holders are allowed to have dual intent, meaning they can enter the United States on a temporary basis for work purposes while also pursuing permanent residency (green card) if eligible.
Duration: L-1A visa holders can be granted initial stays of up to three years, with extensions available for up to a total of seven years. L-1B visa holders can also be granted initial stays of up to three years, with extensions available for up to a total of five years.
Spouse and Children: L-1 visa holders can bring their spouses and unmarried children under the age of 21 to the United States on L-2 dependent visas, allowing them to accompany the primary visa holder.
The O visa is a category of non-immigrant visas in the United States reserved for individuals with extraordinary ability or achievement in their field of expertise. There are three main types of O visas:
O-1A Visa: This visa is for individuals with extraordinary ability in the sciences, education, business, or athletics. To qualify for an O-1A visa, applicants must demonstrate sustained national or international acclaim and recognition for their achievements in their field. They must provide extensive documentation, such as awards, publications, memberships in professional organizations, and letters of recommendation, to support their application.
O-1B Visa: This visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. To qualify for an O-1B visa, applicants must demonstrate a high level of skill and recognition in their field, such as through awards, critical acclaim, and significant roles or performances. They must provide evidence of their extraordinary ability, such as reviews, press coverage, and letters of recommendation.
O-2 Visa: This visa is for individuals who will accompany an O-1 visa holder to the United States to assist in a specific event or performance. The O-2 visa holder must have essential skills or experience that are not readily available in the United States and are necessary for the successful completion of the O-1 visa holder's project or event.
Key features of the O visa include:
Extraordinary Ability: O visa applicants must demonstrate extraordinary ability or achievement in their field, which is significantly above that ordinarily encountered in the arts, sciences, education, business, or athletics.
Sponsorship: O visa applicants must have a U.S. employer, agent, or sponsor who will petition for their visa on their behalf. The employer or sponsor must provide evidence of the applicant's extraordinary ability and the need for their services in the United States.
Duration: O-1 visas are typically granted for an initial period of up to three years, with extensions available in one-year increments. O-2 visas are granted for the same duration as the O-1 visa holder's period of stay in the United States.
Overall, the O visa is designed to attract individuals with exceptional talent and skills to the United States, allowing them to work temporarily and contribute to their field of expertise.
The P visa is a category of non-immigrant visas in the United States designed for athletes, entertainers, artists, and performers who wish to enter the country temporarily to participate in specific events, performances, or competitions.
Types of P visas:
P-1A Visa: This visa is for internationally recognized athletes or athletic teams who are coming to the United States to participate in a specific athletic competition as an individual athlete or as part of a team. To qualify for a P-1A visa, athletes must have a high level of skill and achievement in their sport and must be recognized internationally for their abilities.
P-1B Visa: This visa is for internationally recognized entertainment groups or performers who are coming to the United States to perform as part of a group or individually. To qualify for a P-1B visa, entertainment groups or performers must be internationally recognized for their achievements and have a sustained and substantial relationship with the group or individual members.
P-2 Visa: This visa is for artists or entertainers who are coming to the United States to participate in a reciprocal exchange program between organizations in the United States and foreign countries. To qualify for a P-2 visa, artists or entertainers must be coming to the United States as part of an exchange program that provides for the temporary exchange of artists, entertainers, or groups.
P-3 Visa: This visa is for artists or entertainers who are coming to the United States to perform, teach, or coach in culturally unique programs or events. To qualify for a P-3 visa, artists or entertainers must be coming to the United States to participate in a culturally unique program or event that is considered traditional, ethnic, folk, or artistic.
Key features of the P visa include:
Sponsorship: P visa applicants must have a U.S. employer, agent, or sponsor who will petition for their visa on their behalf. The employer or sponsor must provide evidence of the applicant's qualifications and the specific event, performance, or competition they will be participating in.
Duration: P visas are typically granted for the duration of the specific event, performance, or competition for which the applicant is coming to the United States. The duration of stay can vary depending on the type of P visa and the specific circumstances of the applicant.
The TN visa is a non-immigrant visa category that allows citizens of Canada and Mexico to work in the United States temporarily in certain professional occupations. It was created under the North American Free Trade Agreement (NAFTA) and the United States-Mexico-Canada Agreement (USMCA).
The TN visa is available for individuals working in specific professional occupations listed in the NAFTA and USMCA. These professions include but are not limited to engineers, scientists, computer systems analysts, lawyers, accountants, and teachers.
Only citizens of Canada and Mexico are eligible for the TN visa. Permanent residents or citizens of other countries cannot apply for this visa.
TN visa applicants must have a valid job offer from a U.S. employer in an eligible professional occupation. The job offer must be for a position that requires a NAFTA professional and the applicant must meet the qualifications for that position.
TN visa applicants must possess the necessary education, licenses, or professional credentials required for the profession they will be working in. The specific requirements vary depending on the profession.
TN visas are typically granted for an initial period of up to three years, with the possibility of extensions in three-year increments. There is no limit on the total length of stay on a TN visa, but it is a non-immigrant visa, meaning it is intended for temporary stays in the United States.