Individuals entering the United States as visitors for business or pleasure may enter with a temporary nonimmigrant visa.
B-1 visa is for temporary business visits such as contract negotiation, consultation with business associates, litigation, participation in educational conference or seminars, and etc.
B-2 visa is for temporary pleasure visits such as attend a graduation of loved ones, meet friends/relatives, tourist attraction, and so on.
Extensions for B-1/B-2 Visas: for applicant who wish to stay longer than the allotted period, he/she may apply for extension of the current status or to change the status.
Visa Waiver program (VWP) allow business visitors and tourists from certain countries to visit the United States for 90 days without the need to apply for a visa. Applicant may not change of status or extend his/her stay.
Temporary Visas for Studying:
F-1 Visa: This visa is for alien who wish to study full-time at an academic institution such as university, academic high school, elementary school, private school or language institute. The school must be authorized by the U.S. government to accept international students—approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement. F-2 visas are for spouses and children of F-1 individuals.
M Visa: This visa is for individuals who want to attend an proved course of study leading to a specific vocation or nonacademic programs other than for language training. The individuals must participate in a full course of study.. M-2 visas are for spouses and children of M1 visas. Any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official.
J Visa: This visa is commonly known as the Exchange Visitor visa and this visa is for student who wants to intern to work or train with an company that has been approved for an exchange program (approved exchange sponsor designated by USCIS). It is for individuals who want to participate in teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
Examples of exchange visitor: professors/scholar, research assistants, students, trainees, teachers, specialist, nannies, and camp counselor.
Temporary Work H Visas:
H-1B Visa: this is a specialty occupation visa. H1-B is the most utilized H visa in the practice. This visa is for individuals who are offered a position with a U.S. employer to work for that employer as long as the position is in their field. Importantly, H-1B visa requires the attainment of at least a bachelor’s degree or the worker may be qualify based on years of employment experience that is equivalent to a bachelor’s degree. Congress has established an annual fiscal year limitation of 65,000 on the number of available H1-B visas commonly known as the “H1-B cap.” Out of the 65,000 visas, 6,800 visas are annually set aside for the Chile/Singapore H1-B program. Based on the H1-B Visa Reform Act of 2004, the first 20,000 H1-B petitions filed on behalf of aliens holding U.S. earned master’s or higher degrees will be exempt from the annual cap of H1-B visas.
H1-B exemption: According to the USCIS, new H1-B employment are exempt from the annual cap if the aliens will be employed at the institutions of higher education or related or affiliated not-for-profit entities, or not-for-profit research organizations or governmental research organizations. Therefore, employers may file petitions for these H1-B categories at any time during the fiscal year.
H2A Visa: Agricultural Workers: this visa is for agricultural workers to work in the U.S. in temporary or seasonal positions.
H-2B Unskilled Foreign Worker Visa: This visa is for unskilled foreign worker to work in the US for a temporary period to fill an offered non-agricultural position that does not require any specific studies or experience.
H-3 Trainee Visa: This visa is for individuals to come to the United States temporarily to receive instruction and training from the company in the United States. The training received must the necessary and applicable for them to use their skills abroad and the type of training they will be participated in the US is not available in their own country.
H-1C Visa: This visa is for registered nurse working in a Health professional shortage area, which is determined by the Department of Labor. However, this classification expired as of December 20, 2009.
I Visa: This visa is for representative of foreign media such as press, radio, film, and other foreign information media. The representative is coming to the US for the sole purpose of engaging in press, radio, film, or other foreign information media. Examples of such individuals are reporters, film crews, editors, and similar occupations.
TN STATUS: This TN Status is for certain Canadian and Mexican citizens to temporarily work for an employer in the U.S. under the North American Free Trade Agreement (NAFTA). The position must be listed on a list of approvable occupations.
E Visa: This visa requires that there must be a treaty between the US for trade or commerce, which means that only certain citizens or nationals of certain countries are eligible for this type of visa. There are two categories under the E visa—E1 and E2.
E-1 Visa: this visa is for individuals who is doing substantial trade with the US, which commonly known as “Trader Visa.” Trader must be a citizen of certain country that has a treaty with the U.S.. The treaty trader must carry on “principal trade” between the U.S. and the treaty country (more than 50% of the international trade involved must be between the U.S. and the treaty country). Treaty trader must possess essential and specialized skills to operate the firm. Some examples of types of enterprise are international banking, insurance, transportation, tourism, and communications.
E-2 Visa: This visa is for individuals who directing an investment or is investing in a new or existing company in the US. Commonly known as the “investor visa.” Investor must demonstrate that the investment is not for marginal business (must generate profit) and not for mere purchase of real estate. Additionally, investors must demonstrate that the funds he invest must be that of his own and the investment must be for a substantial amount of capital in an company or enterprise in the U.S.. At least 50% of the business must be owned by the treaty investor. The investor must be coming to the U.S. to develop and direct the investment company. The investor must show that the funds used to invest have not been obtained through criminal means. The investment funds must be subject to loss or at risk if the investment fails for any reason.
E-3 Visa: Specialty Occupation—Australian Aliens: This visa is pursuant to the Australian Free Trade Agreement. This visa is for nationals of Australia coming to the U.S. solely for performance of a specialty occupation. Spouses of E-# principal beneficiaries are not required to be Australian nationals and are eligible to apply for work authorization.
L Visa: this visa is for temporary worker at a subsidiary of a foreign company. There are two types of L visa—L-1A and L-1B. L1-A is for intra-company transferee manager or executive and L1B is for intra-company transferee with specialized knowledge and skills. L2 visas are for the accompanying spouses and children of the L1 visas. The U.S. company must be the petitioner and must be the subsidiary or affiliate of foreign company.
O-1 Visa: This type of visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or someone who has been recognized or demonstrate extraordinary ability in motion picture or television. There are four types of O visas—O-1A, O-1B, O-2, and O-3.
O-1A: these individuals possess extraordinary ability in sciences, education, business, or athletics NOT including the arts, motion pictures or television industry.
O-1B: these individuals possess extraordinary ability in arts or extraordinary achievement in motion picture/tv industry.
O-2: these individuals who will accompany an O-1 for a specific event and who is there to assist in the event—support staff of Artists and Athletes.
O-3: these individuals are the spouses or children of O-1 and O-2 visa holders.
P Visas: This type of visa is for internationally recognized athlete performing at a major athletic event as individuals athlete or as part of a group/team. Additionally, this visa is for artist or member of entertainment group that is internationally recognized.
P-1 Visa is for Athletes, Athletic Teams, and Entertainment groups. P1A: is for internationally recognized athlete. P1B is for member of internationally recognized entertainment group.
P-2 Visa is for Artists and Entertainer Reciprocal Exchange between the U.S. and foreign organization. The program must a government recognized reciprocal exchange program.
P-3 Visa is for Artists and Entertainers integral to performance such as artist or entertainer whose performance, teaching, or coaching is integral to the performance of a group under a program that is culturally unique.
Q Cultural Exchange Visa: This type of visa is for international cultural exchange program designated by USCIS. This visa is for the purpose of training, employment, and share of history/culture/traditions of your home country to the US. This visa is for employer who administer cultural exchange program to petition.
R-1 Visa: this type of visa is for religious worker to work as a minister or other religious vocation.
Visitor Visas
Individuals entering the United States as visitors for business or pleasure may enter with a temporary nonimmigrant visa.
B-1 visa is for temporary business visits such as contract negotiation, consultation with business associates, litigation, participation in educational conference or seminars, and etc.
B-2 visa is for temporary pleasure visits such as attend a graduation of loved ones, meet friends/relatives, tourist attraction, and so on.
Extensions for B-1/B-2 Visas: for applicant who wish to stay longer than the allotted period, he/she may apply for extension of the current status or to change the status.
Visa Waiver program (VWP) allow business visitors and tourists from certain countries to visit the United States for 90 days without the need to apply for a visa. Applicant may not change of status or extend his/her stay.
Temporary Visas for Studying:
F-1 Visa: This visa is for alien who wish to study full-time at an academic institution such as university, academic high school, elementary school, private school or language institute. The school must be authorized by the U.S. government to accept international students—approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement. F-2 visas are for spouses and children of F-1 individuals.
M Visa: This visa is for individuals who want to attend an proved course of study leading to a specific vocation or nonacademic programs other than for language training. The individuals must participate in a full course of study.. M-2 visas are for spouses and children of M1 visas. Any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official.
J Visa: This visa is commonly known as the Exchange Visitor visa and this visa is for student who wants to intern to work or train with an company that has been approved for an exchange program (approved exchange sponsor designated by USCIS). It is for individuals who want to participate in teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
Examples of exchange visitor: professors/scholar, research assistants, students, trainees, teachers, specialist, nannies, and camp counselor.
Temporary Work H Visas:
H-1B Visa: this is a specialty occupation visa. H1-B is the most utilized H visa in the practice. This visa is for individuals who are offered a position with a U.S. employer to work for that employer as long as the position is in their field. Importantly, H-1B visa requires the attainment of at least a bachelor’s degree or the worker may be qualify based on years of employment experience that is equivalent to a bachelor’s degree. Congress has established an annual fiscal year limitation of 65,000 on the number of available H1-B visas commonly known as the “H1-B cap.” Out of the 65,000 visas, 6,800 visas are annually set aside for the Chile/Singapore H1-B program. Based on the H1-B Visa Reform Act of 2004, the first 20,000 H1-B petitions filed on behalf of aliens holding U.S. earned master’s or higher degrees will be exempt from the annual cap of H1-B visas.
H1-B exemption: According to the USCIS, new H1-B employment are exempt from the annual cap if the aliens will be employed at the institutions of higher education or related or affiliated not-for-profit entities, or not-for-profit research organizations or governmental research organizations. Therefore, employers may file petitions for these H1-B categories at any time during the fiscal year.
H2A Visa: Agricultural Workers: this visa is for agricultural workers to work in the U.S. in temporary or seasonal positions.
H-2B Unskilled Foreign Worker Visa: This visa is for unskilled foreign worker to work in the US for a temporary period to fill an offered non-agricultural position that does not require any specific studies or experience.
H-3 Trainee Visa: This visa is for individuals to come to the United States temporarily to receive instruction and training from the company in the United States. The training received must the necessary and applicable for them to use their skills abroad and the type of training they will be participated in the US is not available in their own country.
H-1C Visa: This visa is for registered nurse working in a Health professional shortage area, which is determined by the Department of Labor. However, this classification expired as of December 20, 2009.
I Visa: This visa is for representative of foreign media such as press, radio, film, and other foreign information media. The representative is coming to the US for the sole purpose of engaging in press, radio, film, or other foreign information media. Examples of such individuals are reporters, film crews, editors, and similar occupations.
TN STATUS: This TN Status is for certain Canadian and Mexican citizens to temporarily work for an employer in the U.S. under the North American Free Trade Agreement (NAFTA). The position must be listed on a list of approvable occupations.
E Visa: This visa requires that there must be a treaty between the US for trade or commerce, which means that only certain citizens or nationals of certain countries are eligible for this type of visa. There are two categories under the E visa—E1 and E2.
E-1 Visa: this visa is for individuals who is doing substantial trade with the US, which commonly known as “Trader Visa.” Trader must be a citizen of certain country that has a treaty with the U.S.. The treaty trader must carry on “principal trade” between the U.S. and the treaty country (more than 50% of the international trade involved must be between the U.S. and the treaty country). Treaty trader must possess essential and specialized skills to operate the firm. Some examples of types of enterprise are international banking, insurance, transportation, tourism, and communications.
E-2 Visa: This visa is for individuals who directing an investment or is investing in a new or existing company in the US. Commonly known as the “investor visa.” Investor must demonstrate that the investment is not for marginal business (must generate profit) and not for mere purchase of real estate. Additionally, investors must demonstrate that the funds he invest must be that of his own and the investment must be for a substantial amount of capital in an company or enterprise in the U.S.. At least 50% of the business must be owned by the treaty investor. The investor must be coming to the U.S. to develop and direct the investment company. The investor must show that the funds used to invest have not been obtained through criminal means. The investment funds must be subject to loss or at risk if the investment fails for any reason.
E-3 Visa: Specialty Occupation—Australian Aliens: This visa is pursuant to the Australian Free Trade Agreement. This visa is for nationals of Australia coming to the U.S. solely for performance of a specialty occupation. Spouses of E-# principal beneficiaries are not required to be Australian nationals and are eligible to apply for work authorization.
L Visa: this visa is for temporary worker at a subsidiary of a foreign company. There are two types of L visa—L-1A and L-1B. L1-A is for intra-company transferee manager or executive and L1B is for intra-company transferee with specialized knowledge and skills. L2 visas are for the accompanying spouses and children of the L1 visas. The U.S. company must be the petitioner and must be the subsidiary or affiliate of foreign company.
O-1 Visa: This type of visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or someone who has been recognized or demonstrate extraordinary ability in motion picture or television. There are four types of O visas—O-1A, O-1B, O-2, and O-3.
O-1A: these individuals possess extraordinary ability in sciences, education, business, or athletics NOT including the arts, motion pictures or television industry.
O-1B: these individuals possess extraordinary ability in arts or extraordinary achievement in motion picture/tv industry.
O-2: these individuals who will accompany an O-1 for a specific event and who is there to assist in the event—support staff of Artists and Athletes.
O-3: these individuals are the spouses or children of O-1 and O-2 visa holders.
P Visas: This type of visa is for internationally recognized athlete performing at a major athletic event as individuals athlete or as part of a group/team. Additionally, this visa is for artist or member of entertainment group that is internationally recognized.
P-1 Visa is for Athletes, Athletic Teams, and Entertainment groups. P1A: is for internationally recognized athlete. P1B is for member of internationally recognized entertainment group.
P-2 Visa is for Artists and Entertainer Reciprocal Exchange between the U.S. and foreign organization. The program must a government recognized reciprocal exchange program.
P-3 Visa is for Artists and Entertainers integral to performance such as artist or entertainer whose performance, teaching, or coaching is integral to the performance of a group under a program that is culturally unique.
Q Cultural Exchange Visa: This type of visa is for international cultural exchange program designated by USCIS. This visa is for the purpose of training, employment, and share of history/culture/traditions of your home country to the US. This visa is for employer who administer cultural exchange program to petition.
R-1 Visa: this type of visa is for religious worker to work as a minister or other religious vocation.