A |
Ambassador,
public minister, career diplomatic or consular officers. 3 Categories
of A:
[A-1]: Ambassadors, public ministers, or career diplomats/officers;
[A-2]: Other accredited officials and employees of foreign governments;
[A-3]: Attendants, servants, personal employees. |
|
| B-1
|
The "Business
Visitor" visa is the most commonly utilized category for
persons initiating business activity in the United States. The
visa is issued upon the merits of the individual applying; ordinarily,
it is not necessary to retain counsel in applying for a B-1 visa.
The B-1 allows an individual to incorporate in the U.S., acquire
property, sign contracts, etc.; it precludes the individual from
directly managing any U.S. business or in any way receiving wages
from a U.S. source, even if self-owned. The B-1 tourist for business
category is intended for business people coming to the United
sates to engage activities of a professional, business or commercial
nature, relating to their foreign business. A B-1 tourist for
business cannot be paid from a United States source, other than
incidental living or travel expenses. B-1 visitors cannot do any
local employment. |
|
B-2
|
Tourist for pleasure
granted B-2 visas, are used by a majority of the person coming
to the U.S. each year. People with this classification of visa
are usually admitted for a period of up to six months and may
apply for extensions. However, the maximum limitation of stay
for this visa category is one year.
When the tourist enters the U.S. a white piece
of paper is stapled into the passport. This document is called
an I-94. The date on the I-94 is what controls the period you
are allowed to stay in the U.S. not the visa stamp obtained at
the consulate. The visa stamp obtained at the consulate tells
you what is the last day you may enter the U.S. with the visa.
The date on the I-94 tells you how long you are authorized to
stay in the U.S.
Before you are issued a tourist visa for pleasure
you must satisfy the American consulate and the immigration official
at the border that you are coming to the U.S. for a temporary
visit for pleasure and that you have an un-abandoned foreign residence
which you intend to return to at the end of the trip.
A tourist for pleasure cannot be employed in
the United Sates. |
|
C
|
A C visa is used
for person who are merely stopping in the U.S. to continue their
trip or persons in transit to and from the United Nations Headquarters
District and foreign countries under a special agreement. |
|
D
|
Crew member (Sea
or Air). |
|
E1
&
E2 |
Treaty traders are
E-1 visas, Treaty investors are E-2 visas.
These two nonimmigrant visas are the closest
thing to having a Green Card. Unlike most other nonimmigrant visas,
treaty traders and investors do no have to retain a permanent
residence abroad. There is also no limit on the duration of their
stay as long as they maintain their status. The American consulate
generally grants these visas for multiple periods of five years.
Additionally employment by family members is not viewed as a violation
of status.
This visa sounds ideal, however, the problem
is that only nationals of countries having a "treaty of commerce
and navigation" providing for nonimmigrant entries is in
existence between the U.S. and the foreign country qualifies.
The "Treaty Trader" category is available
to individuals from nations which have signed a treaty of trade
and commerce with the United States. The Treaty Trader visa is
available for an unlimited number of years and allows the spouse
and minor dependents of the recipient to live and attend school
in the United States. While many large corporations involved in
import/export utilize the category, it is most frequently used
by small to mid-size companies seeking a permanent trading presence
in the United States.
Like the E-1, the E-2 "Treaty Investor"
allows a foreign individual or corporation to invest actively
in a U.S. business and remain in the U.S. while operating and
managing it. Like the E-1, it has no limit on the number of years
and does not require an un-abandoned foreign residence. The Treaty
Investor visa is not limited to any particular type of business
and it can include restaurants, manufacturing, and virtually any
other type of activity permissible by law. |
|
F-1 |
Foreign nationals
may come to the United states to study at authorized institutions.
These students range from elementary school to post doctoral studies.
Students who are coming to the U.S. to take vocational courses
receive M visas and will be discussed later. As long as the student
maintains his status he or she can pursue their studies and remain
in the United Sates for many years in order to pursue their studies.
Many may also qualify for Practical Training after the completion
of their studies. When a student enters the United States he or
she will usually be admitted for "DURATION OF STAY"
and to pursue a full time course of studies at the school that
has accepted him and has been approved by the U.S. consulate or
immigration service. Students are in status for a period of 60
days after completion of their course of studies. |
|
G |
G-1 Visas: (1) Principal
resident representative, family and staff (of any rank, including
clerical and custodial employees, so long as they are assigned
on a "resident basis."); (2) Foreign government has
de jure recognition; (3) International organization listed (e.g.,
IMF, U.N., OAS, OAU); (4) Only subject to certain security grounds
of inadmissibility; (5) G-1 to G-4 duration of status so long
as U.S. DOS recognizes credentials.
G-2 Visas: (1) Other accredited representatives
and immediate family; (2) Personnel of any rank or temporary delegation
G-3 Visas: (1) G-1/G-2 from government without
de jure recognition from U.S.; (2) Nonmember country of international
organization
G-4 Visas: (1) Officers & employees of international
organization and immediate family; (2) special expeditious treatment
to U.N. reps. because United States host country; (2) sons &
daughters, widows and retirees in G-4 status can be special immigrants.
G-5 Visas: Attendants, servants, and personal
employees of G-1 to G-4's.
Employment is generally not available but may
be authorized for certain G categories. |
|
H-1(b) |
The H Category is
perhaps the most useful category for business employers. Within
the H category, the most commonly used visa is the H-1B visa (specialty
occupation). In order to qualify for an H-1B visa, an individual
must show that he or she is a member of a specialty occupation.
To be considered a member of a specialty occupation,
the individual must have obtained, through education and/or experience,
the equivalent of at least a Baccalaureate Degree in a specific
discipline. Additionally, the job offered in the U.S. must reasonably
require such a Baccalaureate Degree to perform the job duties.
Common examples of members of specialty occupations are architects,
engineers, teachers, lawyers, mathematicians, graphic designers,
etc. |
|
H-1(C) |
Foreign-born Registered
Nurse |
|
H-2(b) |
Temporary employment
based on an offer for a temporary position. Approval is conditioned
on evidence that the job is temporary and that there are no willing,
able, or qualified U.S. workers for the position. A labor certificate
must be obtained from the U.S. Department of Labor. Approval is
only for 1 year, with a maximum 3 year presence. |
 |
H-3 |
Employment authorization
for the purpose of receiving training in a field that is not available
in the applicant's home country. Period of approval depends on
the nature of the proposed training, but no longer than 2 years
total. |
|
I |
An I Visa is available
for an alien who is a proper representative of foreign press,
film, or other information media, who seeks to enter the United
States solely to engage in such vocation, and the spouse and minor
children of such representative. |
|
J |
A J visa is an
Exchange Visitors visa under a special program enacted in 1961.
The aim of the program is to foster international relations by
bringing exchange visitors into the Unites States, under certain
approved programs, to acquire skills that can then be utilized
in their home country. In line with this aim, a condition is imposed
upon certain of those participants that a t the end of the program
they return to their native country for two years before being
eligible to apply for a Green Carry and certain non-immigrant
visas. In other words certain people with J visas cannot receive
a Green Card without first leaving the U.S. and residing in their
home country for two years. To determine if your J visa is subject
to the 2 year foreign residency requirement you must look carefully
at the form you received upon entry. This form is numbered IAP-66.
Look carefully at the lower left hand corner. There is a box with
two lines. One says SUBJECT TO the other says NOT SUBJECT TO.
|
|
K-1 |
A foreign national
intending to marry an American citizen after arrival in the United
States, who has met the U.S. citizen within two years prior to
the date of filing, and who intends to remain in the U.S. permanently
after the marriage may be issued a fiancée visa -a K-1
visa- for this very purposes. The people must marry within ninety
days of arrival. If they fail to marry within that time period
there will be a violation of the Immigration laws. The application
for a Fiancée visa is filed with the Immigration Service.
Once approved it is forwarded to the U.S. consulate in the home
country of the intending immigrant. At the port of entry the fiancé
will receive work authorization. |
|
K-3
&
K-4 |
A new nonimmigrant
category within the immigration law that allows the spouse or
child of a U.S. citizen to be admitted to the United States in
a nonimmigrant category. The admission allows the spouse or child
to complete processing for permanent residence while in the United
States. It also allows those admitted in the new category to have
permission for employment while they await processing of their
case to permanent resident status. |
|
| L-1 |
The "Intracompany Transferee" category is available
to individuals who either own or are employees of a foreign corporation
in which they have worked for at least one of the prior three
years, in an executive, managerial, or specialized-knowledge capacity.
The employer must be a U.S. corporation related directly, in any
one of a variety of ways, to the foreign company. The L-1 visa
carries a maximum approval of seven years, but is perhaps the
most direct conduit to permanent residency in the United States.
|
|
| M |
Vocational (non-academic)
student, or his/her spouse or child. |
|
| N |
Issued to parents
and children of G-4 visa holders employed by NATO, accorded special
immigrant status under § 101(a)(27)(I) if child given visa
during the time he is under 21 years of age. |
|
| O |
The O visa is
set aside for aliens of " extraordinary" ability in
the sciences, arts, education, business or athletics, certain
aliens accompanying or assisting those aliens, and their family
members. The primary requirement for an O visa is to have reached
the epitome of the profession or endeavor for which the alien
seeks admittance into the United States. The beneficiary of an
O visa may remain in the States until the event, project or activity
for which the alien is admitted is completed. The initial period
of stay can be sought for three years and thereafter one year
increments may be sought to complete the activity, event or project.
An employer must petition for the O alien; the petition must be
submitted only after the employer consults with a peer group,
labor organization, or management organization regarding the work
to be performed and the alien's qualifications. In most cases
the consultation takes the form of a written advisory opinion
from a peer group. |
|
| P |
The P visa category
covers those entertainers and athletes who cannot qualify under
the extraordinary ability standard of the O category. The category
covers alien athletes who compete individually or as part of a
team at an internationally recognized level and aliens who perform
with or, are an integral and essential part of the performance
of, an entertainment group that has received international recognition
as "outstanding" for a "sustained and substantial
period of time."
P-1: Internationally recognized athlete or member
of internationally recognized entertainment group.
P-2:Artist or entertainer in a reciprocal exchange program.
P-3:Artist or entertainer in a culturally unique program. |
|
| R |
Non immigrant
visa for Religious Worker. This category covers ministers of religion,
professional workers in religious vocation and occupations, and
other workers in religious occupations or vocations employed by
religious nonprofit organizations in the United States. R non
immigrant may be admitted for a temporary period not to exceed
5 years. Initial admission may be approved for a period up to
3 years. The applicant must have been a member of the religious
organization for a period of 2 years prior to application. This
requirement was created in order to protect against people becoming
a member of a church just to obtain immigration benefits. This
visa should still be very useful for religious organization as
the applicant has only to be a member to qualify and does not
have to be a minister. Additionally a successful applicant who
works for two years for the church will be able to apply for a
green card under the "Special Immigrant" religious category. |
|
| NAFTA |
Professionals Under
the North American Free Trade Agreement" is 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 provided
that 1) the profession is on the NAFTA list, 2) the alien possesses
the specific criteria for that profession, 3) the prospective
position requires someone in that professional capacity and 4)
the alien is going to work for a U.S. employer. The spouse and
unmarried, minor children of the principal alien are entitled
to the derivative status, but they are unable to accept employment
in the United States. |
|
| N |
A new nonimmigrant
category (V) within the immigration law that allows the spouse
or child of a U.S. Lawful Permanent Resident to live and work
in the United States in a nonimmigrant category. The spouse or
child can remain in the United States while they wait until they
are able to apply for lawful permanent residence status (Adjusting
Status), or for an immigrant visa, instead of having to wait outside
the United States as the law previously required. |
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