NON-IMMIGRANT VISAS:
TEMPORARY VISAS FOR EMPLOYMENT, TRAINING OR PLEASURE
The “B” Visa for Business and Pleasure Visitors:
The B visitor visa is a nonimmigrant visa for foreign nationals desiring to enter the U.S. temporarily for business (B-1), or for pleasure or medical treatment (B-2). B-1 business visitor visas are for a short duration and must not involve local employment. Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa, pursuant to the Visa Waiver Program. Currently, 29 countries participate in the Visa Waiver Program. Visitors entering on the Visa Waiver Program cannot work or study while in the U.S., cannot remain longer than 90 days or change status to another category.
The “E” Visa for Traders and Investors:
The E visa is a nonimmigrant visa for traders and investors. The E visa category is based on particular treaties between the U.S. and certain foreign countries that are intended to encourage trade and investment. The E visa is available only for citizens of those particular countries which have entered into the requisite treaty with the U.S. There are two types of E visas: E-1 visas are available for personnel of companies engaged in trade with the U.S., known as "treaty traders."; and E-2 visas are available for personnel of companies engaged in business in the U.S. which represents a substantial investment in the U.S., known as "treaty investors." The initial period of stay for the E category is one year; however, it can be extended almost indefinitely. The primary requirements for E visas are: there must be a treaty in force between the U.S. and the particular country of which the visa applicant is a citizen; each visa applicant must be a citizen of the treaty country; and the particular company sponsoring the visa applicant must be primarily owned or controlled by nationals of the treaty country.
The “F-1” Visa for Students
The F visa is a nonimmigrant visa for a foreign national having a residence in a foreign country which s/he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the U.S. temporarily and solely for the purpose of pursuing such a course of study at an approved academic institution or approved language school. This visa also includes the foreign student's spouse and minor children who accompany or follow-to-join the foreign national.
The “H-1B” Visa for Temporary Workers
The H-1B visas are temporary employment visas, entitling the visa holder to work in the U.S. for a particular employer, in a particular job, for a specified period of up to a total of six years. H-1B visas are available for temporary specialty occupations or professional positions. The main requirements for the H-1B visa:
- The job must be either in a "specialty occupation," i.e., a professional field. A "specialty occupation" is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty, e.g., computer scientists, architects, teachers, and engineers.
- The applicant must actually have the necessary credentials, e.g., the baccalaureate degree in the particular specialty.
- The job must actually require the services of someone who possesses the credentials of a professional. This means that the BCIS may scrutinize certain job offers as being fraudulent—if it suspects that the job offer is made for immigration reasons alone.
- The employer must pay the applicant the prevailing wage in the area, or the wage it pays other workers in its company, whichever is greater.
H-1B visa holders may also bring their family members with them on H-4 visas. The spouse and children under 21 years of age are not permitted to work, but may attend school.
The “J” Visa for Exchange Visitors
The "J" visa is a nonimmigrant visa category for foreign nationals to participate in exchange visitor programs in the U.S. The "J" visa is for educational and cultural exchange programs designated by the U.S. Information Agency, (USIA). The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs. Applicants for exchange visitor visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence.
The “K-1” Visa for an Alien Fiancé(e)
The K-1 non-immigrant visa category permits the fiancé(e) of a U.S. citizen petitioner to enter the United States for a 90-day period to marry the petitioner and apply for permanent residence. To establish K-1 visa classification for an alien fiancé(e), an American citizen must file a petition in the United States and under no can the petition be adjudicated abroad. Rather, once the petition is approved it will be forwarded to the American consular office where the alien fiancé(e) will apply for his or her visa.
Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé(e). If the applicant is found eligible, a visa will be issued, valid for one entry during a period of six months. At the port of entry, the alien fiancé(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen, but upon entry into the United States the alien fiancé(e) must apply for an official work authorization document. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the INS for removal of the conditional status.
The “L-1” Visa for Intra-Company Transferees for Managers and Executives:
The L-1 visa category is intended to facilitate international business by permitting the transfer of non-U.S. managers and specialized personnel into the U.S. by companies with operations in the U.S. and abroad. There are two types of L-1 visas: L-1A visas are available for executives and managers; and L-1B visas are available for "specialized knowledge personnel." To qualify for the L-1 visa the employee must have worked abroad in either (a) a managerial or executive position, or (b) in a position performing services entailing "specialized knowledge;" and must be coming to work in the U.S. in one of these capacities. In addition, the company for which the employee worked abroad must be either the same company for which the employee will be working for in the U.S., or a branch, subsidiary, or affiliate of that company. The employee must have worked abroad for that particular company for one continuous year within the three-year period immediately preceding the filing of the petition for the L-1 visa, and the employee must be qualified, in terms of education and experience, for the position. To obtain the L-1 visa the employee must intend to leave the U.S. at the end of the authorized period of stay and the company in the U.S. and the related company abroad must continue doing business in the U.S. and in one foreign country during the entire period of the transfer.
L-1 Visa holders may also bring their family members with them on L-2 visas. The spouse and children under 21 years of age may attend school and the L-2 spouse is also allowed to work, with a valid work authorization document (applied for separately from the L-1 visa).
The “O” Visa for Extraordinary Ability Workers
The O visa category is designated for foreign nationals with extraordinary ability. This includes educators, entertainers, athletes, scientists, businesspersons and support personnel. The O category requires that extraordinary ability be demonstrated by sustained national or international acclaim. In the case of foreign nationals seeking O status in the film and television industries, a lesser "extraordinary achievement" standard prevails. With regard to persons seeking O status in the arts, the standard is "distinction" which is defined identically with the "prominence" standard under prior law. The admission of an O nonimmigrant is limited to the period of time necessary to complete the event for which the person is admitted.
The “P” Visa for Artists and Athletes
The P visa is the nonimmigrant visa category for performing artists and athletes, entertainment groups and athletic teams. The foreign national must perform individually, or as part of a group at an internationally recognized level. P-1 foreign nationals must show international recognition for outstanding performances over a sustained and substantial period of time. The P-2 category allows foreign performers to enter the US if there are reciprocal exchange programs. The P-3 category is for performers of a culturally unique group.
