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Non-Immigrant Visas
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B-1 Visitor Visa
The B-1 business visitor allows an individual to come to the U.S. for a short period of time. Generally this visa is used to allow an individual to attend meetings or consultations with U.S. associates, professional conferences or attend training of benefit to the employer abroad.
A B-1 visitor is not authorized to perform productive work in the United States. This visa holder must maintain foreign residence abroad for which he/she has no intent of abandoning and to which he/she intends to return at the end of the authorized period of stay. The B-1 visa holder cannot receive compensation from a U.S. source, other than reimbursement for incidental expenses. This visa is applied for directly at the appropriate U.S. Consulate abroad.
B-1 visa holders are generally admitted for the period of time necessary to conduct the business. The B-1 entrant may be admitted for a period of up to six months. However, Immigration Officers generally allow business visitors to remain in the United States for no more than one to three months.
E-1 Treaty Trader1
The E-1 treaty trader visa allows an individual to come to the U.S. for the purpose of furthering substantial international trade. The trade must be primarily between the United States and the treaty country.
E-1 treaty countries at this time include the following:
Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, Colombia, Costa Rica, Denmark (does not include Faroe Islands or Greenland), Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Germany, Greece, Honduras, Ireland, Israel, Italy, Japan (includes Bonin and Ryukyu Islands), Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Paraguay, Philippines, Spain (applies to all territories), Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia). Iran is also a treaty trader country, however the treaty is inoperative because of the Executive Order preventing trade with Iran.
In order for a business to qualify for an E-1 visa, at least 50% of the U.S. entity must be owned by non-U.S. resident nationals of the treaty country (listed above). If the company is publicly traded, the firm's nationality is considered to be that of the country in which the firm's stock is listed and traded.
In addition to the nationality requirement, the company must demonstrate that it is engaged in substantial trade between the U.S. and the treaty country. Trade is not limited to goods and services but the trade must be principally with the treaty country; more than 50% of the total volume of international trade must be between the U.S. and the treaty country.
E-2 Investor
The E-2 treaty investor visa allows an individual to further a substantial investment in a U.S. enterprise made by individuals or businesses that are citizens of a treaty country.
E-2 treaty countries include the following:
Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan (includes Bonin and Ryukyu Islands), Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain (applies to all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia).
In order for a business to qualify for an E-2 visa, the company must demonstrate that a substantial investment in the U.S. business has been made or by individuals or companies that are citizens of the treaty country (listed above). In order to be considered a substantial investment, the funds must be "at risk". Whether the actual amount invested is substantial depends on the type of business and is weighed based upon a variety of factors. In addition, the investment must not be "marginal" (not made solely for the purpose of earning a living).
Similar to the E-1, at least 50% of the U.S. entity must be owned by nationals of the treaty country in order to qualify to utilize E-2 visas.
H-1B Professionals in a Specialty Occupation:
The H-1B is a nonimmigrant visa classification for individuals who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. Specialty occupations require theoretical and practical application of a body of specialized knowledge along with a bachelor’s degree or its equivalent in work experience. Examples of common applicants for this visa include, but are not limited to, accountants, architects, attorneys, and engineers.
Currently, there is a quota or annual limit on the number of H-1B visas allotted per year. The current law allows for 65,000 per fiscal year. Like most other employment based nonimmigrant visa categories, the H-1B requires a sponsoring U.S. employer. As such, the visa is employer specific. The position may be a full or part time position. Currently, an H-1B visa holder can remain in such status for a period of six years. The visa is initially granted for three years and can be extended for another three years. Certain individuals may obtain an extension of the H-1B visa beyond the six-years. The spouses and children (unmarried and under the age of 21) may obtain derivative H-4 nonimmigrant status. H-4 nonimmigrant visa holders are not currently authorized to work.
The H-1B visa allow for dual intent since the passage of the Immigration Act of 1980. This means that an H-1B visa holder may be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps towards obtaining permanent resident status in the United States without affecting his/her H-1B status. As such, during the period of time wherein the H-1B visa holder has a pending Form I-140 (Immigrant Visa Petition) or Form I-485 (Adjustment of Status) the individual, may travel on his/her H-1B visa rather than obtaining advance parole.
J-1 Exchange Visitor
The J-1 Exchange Visitor visa category is for individuals coming to the United States to study, conduct research, or work in certain institutions which have received certification from the United States Information Agency. The certification allows such institutions to "sponsor" foreign exchange visitors to the United States.
A J-1 visa holder may be authorized to work for a particular organization in the following situations: a J-1 program established by a company through the United States Information Agency ("USIA"); a J-1 program established by certain organizations to place exchange visitors in internships, training or employment with U.S. employers; or through a grant of employment authorization called "practical training" received by the J-1 after having completed certain
programs.
L-1 Intracompany
Transferees:
The L visa applies to intracompany transferees who, within the last three preceding years, have been employed outside of the U.S. continuously for at least one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in either a managerial, executive (L-1A), or specialized knowledge capacity (L-1B).
This visa requires clear documentation of the qualifying relationship of ownership and control between the U.S. and foreign office.
The L-1 visa is initially granted for a period of one to three years. For L-1A holders, this visa can be extended for up to a total of 7 years maximum stay. L-1B visa holders can extend their visa for a total of 5 years. The spouse and children (unmarried and under the age of 21) of L-1 workers may be granted derivative L-2 visas; L-2 spouses can apply for employment authorization.
O-1 Visa: Extraordinary Ability
The O-1 visa classification is an option for individuals with extraordinary ability in the sciences, arts, education, business or athletics. To qualify, an applicant must generally have extraordinary ability demonstrated by sustained national or international acclaim. O-1 Visa applicants will be required to present extensive documentation which demonstrates that they have received recognition of their extraordinary abilities/achievements from qualified and objective sources in their field.
To obtain an O-1 visa, a U.S. employer must file a petition on behalf of the applicant offering him/her a specific job in the U.S., which requires a person of extraordinary ability. The above referenced petition must include evidence demonstrating that the applicant meets the established O-1 criteria, the specific position requires an individual of extraordinary ability, and that the individual is coming to the United States to continue to work in the area of extraordinary ability. Moreover, consultation with an appropriate peer group, labor and/or management organization regarding the nature of the proposed work and the beneficiary's qualifications is mandatory before an O petition can be approved. This visa may be granted for a maximum of three years at a time, and may be renewed indefinitely. Spouses and children of O-1 visa holders may be granted O-3 visas; these visa holders are not allowed to work on the derivative visas.
P-1, P-2 and P-3 Visas: Athletes, Artists, Entertainers:
The P-1 visa applies to certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.
The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.
The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique. Spouses and children of P visas may be granted P-4 visas; these P-4 visa holders are not allowed to work on the derivative visa.
R-1 Religious Work Visas:
The R-1 Religious Worker visa applies to individuals who are members of legitimate religious organizations, so they can live and work legally in the United States for a specific period of time. R-1 visas are available to members of the clergy and also to key employees of religious organizations. The R-1 visa requires that the individual has been a member of a legitimate religious denomination for at least 2 years. Moreover, the R-1 visa applicant must be a member of a religious denomination that has a bona fide nonprofit, religious organization in the United States. R-1 Visa holders may hold one of the following capacities: |
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Ministers of Religion - Persons who enter the U.S. only to work as a minister of the religious denomination he/she has belonged to for the past two years. The minister must be authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. |
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Religious Professionals - Persons who enter the U.S. to work for a bona fide non-profit organization in a professional religious vocation or professional occupation at the request of the organization. A professional religious vocation or occupation requires a U.S. baccalaureate degree or foreign equivalent. |
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Other Religious Workers - Persons who enter the U.S. to work for a bona fide non-profit organization in a religious vocation/occupation at the request of the organization. This religious vocation or occupation does not require a baccalaureate degree or foreign equivalent. These workers can be individuals who do not qualify as ministers of religion or religious professionals |
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The U.S. religious non-profit organization must meet two requirements. First, the entity must have a religious community with a form of worship, a code of doctrine and discipline, religious ceremonies, established places of worship, and religious congregations, or other evidence of a religious denomination.. Secondly, it must be exempt from U.S. taxation as described in Section 501(c)(3) of the Internal Revenue Code of 1986, or satisfy USCIS that it would be eligible for the tax-exempt status.
R-1 visas are valid for an initial period of up to three years and can be extended for a period of two additional years for a total of five years. R-2 visas can be obtained for accompanying relatives of the R-1 visa holder; these derivative visa holders are not authorized to work.
TN: NAFTA Professional
NAFTA, the North American Free Trade Agreement, creates special economic and trade relationships between the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Canadian and Mexican professionals of may work in the U.S. if they hold the appropriate Canadian or Mexican citizenship, they will be employed in a profession which is on the NAFTA list, the applicant possess the qualifications for this profession, the position requires the skills of a NAFTA professional and the applicant has a valid job offer from a U.S. employer in either full or part time capacity. Please see the following link for the NAFTA professions list:
http://travel.state.gov/visa/temp/types/types_1274.html#1. Please also note that the TN application process for Mexican and Canadian citizens differ.
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. The maximum period of admission into the U.S is one year. The TN visa holder can be granted extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status does not allow for dual intent or permanent residence in the United States. |
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