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Nonimmigrant Visas (Temporary)
Immigrant
Visas (permanent residence or green card status)
NONIMMIGRANT
VISA CATEGORIES (TEMPORARY VISAS)
Nonimmigrant visas grant non-U.S. nationals
permission to visit, study, work or travel through the United
States. Note that the Visa Waiver program
allows nationals of certain countries to enter the United States
for a period no longer than 3 months for business visitor (not
to work in the U.S.) or tourist purposes.
WORK
VISAS
H1B
(see also H1B
News)
Most popular temporary
work permit for those entering a "specialty occupation."
Valid for an initial period of three years, renewable up to
a 6 year maximum (under certain circumstances, the six-year
limit may be extended until an H1B worker obtains his/her green
card). The H1B allows changes of employer as well as simultaneous
work for two (or more) employers, provided that each employer
petitions for a separate H1B visa. Processing time varies
from region to region (approximately 2-3 months East Coast;
3-4 months West Coast; 2-3 months South; 2-3 months North/Midwest).
To qualify for an H1B, a foreign
national must have the following:
- a US employer-sponsor;
- at least a U.S. Bachelor's
degree or its equivalent, or a combination of formal studies
and substantial professional work experience (three years
of progressive experience are considered the equivalent of
one year of formal training at the university level);
- offer for a job that requires
at least the equivalent of a U.S. Bachelor's degree in a particular
field.
Recognized occupational groups
for this visa category might include: architecture; commercial
arts; education; engineering; fashion models of outstanding
merit; finance; marketing; computer/information technology;
law; mathematics & sciences; medicine & health; editing;
research; etc. Back to top.
See
H1Bs
for Physicians for special
requirements for physicians providing
direct patient care, as opposed to
teaching or research.
E-3
Nonimmigrant Visa for Australians
Qualified
Australian nationals with a job offer
from a company in the US may be issued
work authorization under the E-3 nonimmigrant
visa category. To qualify, an applicant
must have at least the equivalent
of a US bachelor's degree, and must
have a job offer from a viable US
company in a position that requires
at least the equivalent of a US bachelor's
degree in a particular field related
to the job offered. This program has
not yet been implemented. However,
E-3s should become available in approximately
August/September 2005. We will post
further information here once the
relevant agencies issue guidance on
this new program.
TN
(Trade/NAFTA) Visas
Similar to
the H1B visa and available only to Canadian and Mexican nationals
under the NAFTA agreement. Applicants must be engaged at a professional
level in one of the listed
occupations. Valid for one year and renewable indefinitely.
Back to top.
L1
- Intracompany Transferee Visas
Managers, executives or individuals with "highly-specialized
knowledge" who have worked for a company outside of the
U.S. for at least one of the immediately preceding 3 years may
be transferred to that company's U.S. branch or affiliate for
a period of five (L1B, for "specialized knowledge"
employees) to seven years(L1A, for executives and managers)
. Nonimmigrant status may later be converted to a green card
(see below EB1 Multinational Executives
& Managers, the immigrant or permanent visa version
of the L1 intracompany transferee category).Back
to top.
E1/E2
- Treaty Trader/Treaty Investor Visas
Traders and investors,
their families, and qualified employees may be eligible for
entry under the E category. Requirements include:
- national of a
country that has a particular commercial treaty with the United
States;
- "substantial"
investment in a company in the U.S., or regular trading with
the U.S. (although there is no set number, for E2 investor
category, we recommend $75,000-$100,000 minimum investment);
- must have principal
investor or "key employee" status in this company;
- for E2 investor,
must not depend on income from the investment as sole source
of income unless such income is far beyond what is necessary
to support principal E2 holder and his/her dependents;
- visas in the
E category can be extended indefinitely, as long as the trading
or investment activity in the U.S. continues;
- E visas do NOT
lead to permanent residence (the green card) for principal
investors and traders;
- E2 investor classification was not designed
for retirees, for philanthropists as such, or for the employees
of nonprofit organizations.
See also the immigrant investor
visa, below. Back
to top.
I - Information
Media Visas
This visa
for representatives of information media is generally issued
for one year and renewable indefinitely.
O
Visa
The O visa
is for foreign nationals who can exhibit "extraordinary
ability" in the arts, sciences, education, business or
athletics and those accompanying or assisting them. For more
details on the "O" category, click here.
P Visa
The P visa
may be a viable alternative for entertainers and athletes who
do not meet eligibility criteria of the O visa. Back
to top.
R
- Religious Worker
Professionals
working in a religious capacity in a "bona fide" religious
organization may qualify for this visa type. To qualify, one
must demonstrate that s/he has worked in a religious capacity
for at least for the two years immediately prior to application.
See also the immigrant or permanent version of the Religious
Worker visa below. Back
to top.
H-2B Non-Agricultural
Visas
Used for nonagricultural
workers coming to the U.S. to perform employment of a temporary
nature. To qualify for this visa, a foreign national must be
sponsored by a U. S. employer and possess requisite skills or
background for the position offered. Petitioners for the H-2B
must show documentation that no qualified Americans are available
to fill the position. This group includes skilled workers. Back
to top.
VISITOR
VISAS
Visa
Waiver Program
Note that under the Visa Waiver program, nationals of certain
countries, including the Australia, Andorra, Argentina, Austria,
Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the
Netherlands, Norway, New Zealand, Portugal, San Marino, Singapore,
Spain, Sweden, Switzerland, United Kingdom and Uruguay may visit
the U.S. for tourist or business (however, not to work for a
U.S. employer) purposes for up to three months. Back to top.
B1
- Business Visitors
In general,
this type of visa is for individuals who can demonstrate a business-related
reason for visiting the United States. Length of stay is for
up to 1 year.
Academic Honoraria:
B1 Visitors to certain higher educational institutions, related
nonprofit organizations, or nonprofit or governmental research
organizations are authorized to receive an honorarium payment
and incidental expenses for usual academic activities lasting
no more than 9 days at any single such institution or organization.
Back to top.
B2
- Tourist Visas
This visa
enables foreign nationals to travel temporarily in the U.S.
Such trips cannot involve employment, and the length of stay
may be up to one year. Note that nationals of countries participating
in the Visa Waiver Pilot Program may enter the U.S. without
a visa and stay for a period of up to 90 days. However, if one
enters under the Visa Waiver program, a change of status to
other nonimmigrant or immigrant categories is not permitted.
Back to top.
STUDENT, TRAINING &
EXCHANGE VISITORS
F
- Student Visa
Foreign nationals
who have been accepted by U.S. colleges or universities and
who satisfy certain other requirements may be eligible for this
type of visa, which is valid for the duration of an applicant's
course of study. Back
to top.
H-3 Training Visas
Available
to foreign nationals (generally, those who do not hold a university
degree) who wish to participate in a training program not available
in their country of nationality. The overall length of stay
is up to 2 years. Requires a U.S. sponsor. Note
that unless your sponsor has an established training program,
this type of visa is extremely difficult to obtain.
J
- Exchange Visitor Visa
In general,
this category is open to foreign students, au pairs, scholars,
doctors, medical students, business and industrial trainees
and others participating in U.S. government-approved programs
for gaining experience, studying or performing research. Changing
status to other nonimmigrant categories may be permissible,
depending upon visa restrictions. However those subject
to the 2 year home residency
requirement must obtain a J1 waiver
before changing to visa categories such as the H1B, the L, or
before obtaining permanent residence. Back
to top.
FAMILY
VISAS
K
- Visa for Fiancee or Spouse of US Citizen
This visa
is available to those planning to marry a U.S. citizen, but
are currently outside of the U.S. Persons granted the K-1 visa
have 90 days from the date of entry to marry; no extensions
are allowed. After the marriage, a K-1 visa holder must convert
the K-1 to a Green Card. A provision passed by Congress in 2000
also makes spouses and minor, unmarried children of U.S. citizens
eligible for the K visa. Back
to top .
V
Visa for Spouses/Minor Children of Green Card Holders
Created
in 2000, the V visa is available to the spouse and minor children
(unmarried, under 21) of green card holders whose petitions
(Form I-130) were filed on or before December 21, 2000, and
who have been waiting in the backlog for three years or more.
Spouses and minor children typically wait three to six years
for green cards. Note that that spouses and minor children of
legal permanent residents who file after December 21,
2000, are not eligible for the V visa. Note that V holders
are eligible for work authorization. Back
to top.
IMMIGRANT
VISAS (PERMANENT, "Green Card")
Immigrant visas (IV)
grant permanent resident status (or a "Green Card"),
which allows foreign nationals to permanently reside, work and
travel in the U.S., as well as to freely travel in and out of
the U.S. Generally, when an foreign national obtains a green
card, his/her accompanying spouse (wife or husband) and unmarried
children under age 21 also obtain green cards. Permanent residence
may lead to citizenship in 3 to 5 years.
Immigrant visa status may be
obtained through employment ("employment-based immigration"
or "EB") or immediate family ("family-based
immigration") sponsorship.
Back to top.
EMPLOYMENT-BASED
VISAS
"Extraordinary"
Ability or "Outstanding Professor/Researcher":
Some foreign nationals
who can be classified as "extraordinary"or "outstanding"
in their particular field of work may be eligible for an expedited
green card process. This may include those who fall into the
following categories:
- Extraordinary
ability: to qualify in this
category, one must be considered to be at the top of his/her
field of expertise; click here
for detailed information on this type of petition (see
also the nonimmigrant version of this category, the O-1
visa, above; applicants who qualify in this category
are likely to also qualify for the H1B
nonimmigrant visa, above). Back
to top.
- Outstanding professors or researchers: this category requires an employer-sponsor,
and at least 3 years of teaching or research experience; in
some circumstances, those who have obtained this experience
while studying for their highest degree can qualify in this
category; if an applicant properly qualifies, this can be
one of the simplest and quickest paths to permanent residence
in the U.S.; click here
for detailed information on qualifying in this category (note:
applicants who qualify in this category are likely to also
qualify for the H1B nonimmigrant
visa, above). Back to
top.
- National
interest waiver: members
of the professions holding an advanced degree or persons of
"exceptional ability" in their field of expertise
who can demonstrate that their work is "extraordinary,"
and whose work is in the national interest of the United States
may be eligible to apply for a national
interest waiver (NIW) or physician
NIW. However, due to uncertainty in this area of the law since
1998, we generally recommend that those who may qualify for
a national interest waiver apply through either the extraordinary
ability or outstanding professor/researcher categories above
rather than through the national interest waiver category
if at all possible. Processing in this category can be uncertain
and more lengthy than in the extraordinary ability and outstanding
professor/researcher categories. Back
to top.
An expedited process may
allow some persons to obtain a green card without labor certification,
and in some cases, without an employer-sponsor (see
also nonimmigrant temporary H1B,
L, O and TN
visa categories, and National
Interest Waiver). Back
to top.
Multinational
Executives and Managers
Mid- to upper-level executives
and managers who have worked full time for at least one full
year outside the U.S. for a non-U.S. branch or affiliate of
a U.S. firm may be eligible for the multinational executive
or manager petition, which is one of the fastest possible ways
to obtain a green card. This type of petition is available to
large multinational firms, but can also be used for smaller
firms. The U.S. office to which the multinational executive
or manager is being transferred must have been in existence
for at least one year in order to take advantage of this petition
type. This petition is the immigrant (permanent) version of
the L1A petition for intracompany
transfers of executives and managers (see above).
Back to top.
Labor Certification
Based
on unavailability of U.S. workers
in the workforce, a U.S. employer
may enable an alien to obtain a green
card through an offer of employment.
Upon approval by the Department of
Labor, an immigrant petition may be
filed demonstrating that the sponsor/
petitioner has the ability to pay
a certain prevailing wage. Once these
steps are completed, an applicant
may proceed with the filing of a green
card application as soon as his or
her priority date becomes current.
Applicants in shortage occupations
whose employers meet certain recruiting
requirements may be eligible for an
expedited labor certification process
known as "reduction
in recruitment." Back
to top.
Investor's
Visa
Qualified investors
and their families may be eligible to enter the U.S. on this
type of visa if they invest $500,000 to $1,000,000 in an existing
or new business in the U.S. On the basis of the business, investors
may at a later time proceed with an application for permanent
residence (see also, E1/E2
Treaty Trader and Treaty Investor Nonimmigrant Visas above).
Readers
should note that due to the uncertainty
of USCIS regulations on this visa
category and its unfavorable requirements
that often run counter to real world
business plans, few persons utilize
this category, and even fewer gain
approval for the green card in this
category.
Back to top.
Religious
Worker
Religious ministers,
priests and ordained religious persons may qualify for the green
card through sponsorship by a congregation (e.g., Mosque, Church,
Synagogue, etc.). (See also, R Visa
above, the nonimmigrant version of the Religious Worker Immigrant
Visa category). Back to
top.
FAMILY BASED SPONSORSHIP
United States citizens
may sponsor spouses, parents, adult children and siblings (brothers
or sisters) for permanent residence. Green Card holders can
sponsor only spouses or unmarried children. The U.S. grants
highest priority to the spouses and minor children of U.S. citizens.
Lowest priority is for brothers and sisters of U.S. citizens.
Also, due to high demand in the family category by some countries,
the wait for nationals of certain countries such as the Philippines
and Mexico can be much longer than for nationals of other, non-backlogged
countries. See Priority Dates
for information on processing times of family petitions, and
Processing Times for information
on the processing of various types of petitions.
Spouses and fiance/ees of U.S.
citizens see K visa and V
visa categories (temporary, nonimmigrant visas), above.
Back to top.
Diversity Visa Program
Through
an annual "lottery" process
(instructions each year are usually
issued in August, and the entry period
is normally in the fall/winter of
each year), the U.S. randomly distributes
55,000 green cards to nationals of
designated countries. Participants
must have either 12 years (or more)
of education or 2 years experience
as a skilled worker. Winners' spouses
and children under 21 years of age
can also receive green cards through
the DV Lottery program. Back
to top.
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