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Non -Immigrant

E-1 Treaty Trader Visa

General Information:
The E-1 Treaty Trader Visa allows foreign nationals of a country with which the United States has a commercial treaty to come to the United States to engage in trade of a substantial nature between the United States and the applicant's country of nationality. The trade involved must be an international exchange (successfully negotiated contracts binding on all parties) of items between the United States and a treaty country.

Eligibility Requirements:
The applicant must be coming to the United States to carry out substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant's country of nationality.

Additional Information about the E-1 Treaty Trader Visa:
There are no quota restrictions for E-1 visas.  Spouses of E-1 Visa holders are also eligible to accept employment in the United States. E-1 Visa holders are generally admitted for a period of 2 years and extensions can be easily obtained.

E-2 Treaty Investor

General Information:
Individuals who wish to invest in the United States may be able to obtain an E-2 Treaty Investor Visa. The E-2 Visa applicant must be a national of a country with which the United States maintains a treaty of commerce. The purpose of the individual's entry must be to carry out substantial trade, including trade in services or technology, principally between the United States and the treaty country; or, to develop and direct the operations of an enterprise in which the individual has invested; or is in the process of investing a substantial amount of capital.

Eligibility Requirements:
The applicant is required to come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor must be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. The applicant must have more than fifty (50%) percent ownership of the investment, unless the applicant is coming as an employee of the enterprise.

Additional Information:
There are no quota restrictions for E-2 Visas. Spouses of E-2 Visa holders are also eligible to accept employment in the United States. E-2 Visa holders are generally admitted for a period of 2 years and extensions can be easily obtained.

H-1B Specialty Occupation Workers Visa

General Information:
The H-1B Visa enables professionals in "Specialty Occupations" to make a valuable contribution to the American economy.  A maximum of 65,000 H-1B Visas are issued every year.  The H-1B Visa is issued for up to three years but may be extended.  This provides a maximum stay of six years. The H1-B Visa holder can apply for a Green Card if a company wants to sponsor his/her application.

Eligibility Requirements:
The H-1B Non-Immigrant Work Visa may be issued to applicants seeking temporary work in a "Specialty Occupation" which requires the skills of a professional. "Specialty Occupations" include e.g. accounting, computer analysts, programmers, database administrators, web designers, engineers, financial analysts, doctors, nurses, scientists, architects and lawyers. The petitions are submitted by employers based on their need for the non-U.S.-resident employee. The applicant may possess a bachelor's degree or requisite experience to make up for the lack of a master’s degree.

H-3 Trainee Visa

General Information:
The United States issues H-3 Temporary Trainee Visas to foreign nationals who wish to come to the United States for on-the-job training provided by an American company. H-3 Trainee Visa holders are allowed to work only for the company that is providing the training, and employment should only play a minor role in the program. The main objective should be the training, not the actual work. H-3 Temporary Trainee Visas are usually issued for the duration of the training program (up to 2 years). Extensions may be granted, but within the 2-year limit.

Requirements and Restrictions:
The following programs qualify for H-3 Temporary Trainee Visas: agriculture, technology, finance, communications, government, and almost any other fields, except for medical training programs. There are other H-3 Trainee Visa restrictions, including that the training program is not available in the applicant's home country and that the training will benefit the applicant in pursuing a career and obtaining employment in the applicant's home country.

Additional Information:
There is no annual cap on the number of H-3 Temporary Trainee Visas that can be issued. Spouses and unmarried children under 21 years of age of H-3 Visa holders are eligible for H-4 Visas. Dependents may remain in the United States, travel in and out of the country, but are not allowed to work on H-4 Visa status.

J-1 Exchange Visitor Visa

General Information:
The United States government issues J-1 Visas to individuals who take part in a wide range of exchange visitor programs sponsored by schools, businesses, and a variety of organizations and institutions. These programs are envisioned for business and industrial trainees, scholars, students, international visitors, teachers, research assistants and those on cultural missions. In addition, there are several exchange visitor programs for young people, including summer employment programs, internship programs for university students and au-pair programs.

Eligibility Requirements:
You meet the criteria for a J1 Exchange Visitor Visa if you are coming to the United States as a student, scholar, trainee, teacher, professor, research assistant, medical graduate or international visitor who is participating in a program of studies, training research or cultural enrichment specifically designed for such individuals by the United States Department of State, through its Bureau of Educational and Cultural Affairs.

Activities covered by J-1 Exchange Visitor Visa programs include:

  • Au-pair and nanny
  • Summer camp counselors and staff
  • Post-graduate students
  • Government visitors
  • Medical students coming to the United States as residents or interns
  • Foreign scholars sponsored by universities as temporary faculty
  • Business and Industrial trainees
  • Anyone who takes part in a exchange program approved by the U.S. Department of State

K-1 Fiancée and Fiancé Visa

General Information:
The K-1 Visa, also known as the K1 Fiancée Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States as they can be issued K-2 Visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancé(e). After the petition is approved, the fiancé(e) can obtain a K-1 Fiancé Visa. The K-1 Visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancé(e) entering the United States.

Fiancée and Fiancé Definition:
Individuals for whom English is not a native language can sometimes get confused with the terms "Fiancée" and "Fiancé". The K-1 Visa applies to both Fiancée and Fiancé of United States citizens.

  • Fiancée: A woman to whom a man is engaged to be married.
  • Fiancé: A man to whom a woman is engaged to be married.

Eligibility Requirements:
Until the actual marriage takes place, the fiancé(e) is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original non-immigrant admission. After the marriage takes place, the foreign national may apply for Green Card through Marriage to become a United States citizen.

L-1A Executive/Manager Intra-Company Transferee

General Information:
Individuals who are employed outside the United States as executives, managers or in a position which requires specialized knowledge may qualify for an L-1 Intracompany Transfer Work Visa. If the applicant is already in the United States, a change of status might be possible. A change of status enables the individual to obtain L-1 status without leaving the country and having to apply for the L-1 Visa at a U.S. Embassy or Consulate abroad initially.

Eligibility Requirements:
The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.

Additional Information:
There are no quota restrictions for L-1 Work Visas which can be issued quickly if the applicant meets all the requirements. Spouses and accompanying children of L-1 Visa holders are also allowed to come to the United States and may be issued L-2 Visas.

O-1 Extraordinary Ability Visa

General Information:
The O Visa classification consists of three visas: O-1, O-2 and O-3. The O-1 Visa is for individuals with extraordinary abilities within science, arts, education, business, or athletics at the national or international level. Individuals with a record of extraordinary achievements within motion picture and/or television can also apply for the O-1 Visa as long as the work performed is in an area of extraordinary achievements. O-2 Visas are for supporting individuals of the O-1 Visa holder, and the relationship between the O-1 and O-2 Visa holder must have been long lasting. The spouse and unmarried children of O-1 Visa holders are entitled to O-3 Visas to come to the Unites States with the main O-1 Visa holder.

Eligibility Requirements:
The work performed must be temporary. The individual must possess skills that are extraordinary within the field of sciences, arts, education, business, athletics, or within the field of motion picture or television industry. Examples of proof of extraordinary ability can be contracts, awards, nominations, prices, published material or similar documentation reflecting the nature of the individual’s achievement.

P Visa for Athletes and Entertainers

General Information:
The P Visa is a Non-Immigrant Visa allowing certain individuals to work temporarily in the United States. The P Visa consists of four classifications: P-1, P-2, P-3 and P-4. The P Visa classification covers aliens that are internationally recognized athletes, artists or entertainers. The spouse and unmarried children of the P Visa holder may also accompany the P Visa holder to the United States during his or her duration of stay. The P-1 Visa may be issued to an individual or to a team/group. The P Visa allows for individuals that are part of a team or entertainment group to come to the United States and perform temporarily. Other classifications under the P Visa cover individuals who perform, teach or coach in culturally unique programs.

P Visa Eligibility Requirements:

  • The P-1 Visa classifications cover individuals who compete at an internationally recognized level.
  • The P-2 Visa classification is for individuals who are entertainers or a part of a performance group that perform on a reciprocal exchange program with U.S. organizations. Necessary documentation includes formal reciprocal exchange agreements, descriptions of the exchange program and evidence of qualifying skills.
  • The P-3 Visa applicant must be at least 18 years of age, be qualified to perform the work as specified on the petition, communicate effectively, and have not resided in the United States during the last year before arrival on a P-3 Visa.

R-1 Religious Worker Visa

General Information:
The United States government issues visas 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. These visas are called R-1 Religious Worker Visas. R-1 Visas are made available to members of the clergy and also to key employees of religious organizations. The process of completing and submitting a request for an R-1 Visa can be both costly and confusing. The R-1 Religious Worker Visa Immigration Package makes the application process easy to understand. This is a step-by-step guide to help you file your R-1 Visa application as efficiently and quickly as possible.

Eligibility Requirements:
R-1 Visas can be obtained if the applicant has been a member of a legitimate religious denomination for at least 2 years. R-2 Visas can be obtained for accompanying relatives of the main applicant (R-1 Visa holder).

TN NAFTA Work Visa

General Information:
TN NAFTA Work Visas are temporary work visas available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA), a citizen of a NAFTA country may work in a professional occupation in another NAFTA country, as long as the applicant meets certain requirements.
The spouse and unmarried minor children of the principal applicant are entitled to the derivative status (called TD Visa), but they are unable to accept employment in the United States.

Eligibility Requirements:

  • Visas are only available to citizens of Mexico and Canada
  • The profession is on the NAFTA list (professions listed in application package)
  • The applicant has the specific criteria for that profession
  • The prospective position requires someone in that professional capacity
  • The applicant is going to work for a U.S. employer


 

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