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Non-Immigrant Visas
If you wish to enter the U.S. for a temporary period
of time, a non-immigrant visa permits you to travel to a U.S. port of entry and at the port of entry you may request permission
of the Department of Homeland Security to visit for a specific purpose. That purpose might be work, schooling, a conference,
or visiting the country, friends or family.
A non-immigrant visa differs from an immigrant visa in that the non-immigrant
visa only allows a person to enter temporarily, whereas an immigrant visa holder can enter and stay permanently.
The length of time someone can stay in the U.S. depends on the
visa status under which they are admitted (for example, specialty occupation). And a person admitted in one status can often
change their status in order to stay longer, or to perform different activities. For instance, a medical school student may
want to change his or her status to an employer-sponsored non-immigrant visa once they graduate and find employment (assuming
their new employer will sponsor them). Several types of non-immigrant visas also allow a person to extend their status and
thereby extend their stay in the U.S.
The process can sometimes be confusing and complicated. We can make it much
easier, determining the visa category that is right for you and assisting you with changing status from your current category
to the new category. In appropriate cases, we can also obtain legal status and work authorization for your dependent family
members.
The following is a brief list of the most commonly used temporary working visa categories:
H1-B
Specialty Occupation
This non-immigrant visa classification applies to an alien who will be employed temporarily
in a specialty occupation (one which typically requires a Bachelor’s degree) or as a fashion model of distinguished
merit and ability. Under current law, there is an annual limit of 65,000 aliens who may be issued a visa or otherwise provided
H-1B status. As many as 20,000 additional H-1B slots are available to graduates of U.S. Master’s degree (or higher)
programs.
L-1 Intra-company Transfers
The L-1 visa permits multinational companies to transfer
high-level and essential employees from their international offices to the United States. The non-immigrant would work at
the affiliate or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.
E-1 Treaty Traders
The E-1 visa allows an individual to enter the United States on a non-immigrant basis for the sole purpose of carrying
on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty
with the United States.
E-2 Treaty Investor
If you come the U.S. to run an enterprise in which you are invested, you may obtain the non-immigrant visa status of
E-2 treaty investor. If you are an employee of a treaty trader investor you may also be qualified as an E visa holder if your
duties require special qualifications essential to the business. The non-immigrant employee must have the same nationality
as the alien employer and the home country of the non-immigrant must have a treaty with the United States.
O-1 Individuals of Extraordinary Ability or Achievement and P-1 Athletes, Artists, and Entertainers
Highly talented or acclaimed individuals, and athletes, artists and entertainers may be eligible for an O or P visa
for entry into the U.S. People who may qualify for the O visa are physicians, scientists and accomplished businesspeople.
The P visa is for athletes considered at the top of their field and artists and entertainers.
TN Professionals
These visas are limited to nationals of Canada and Mexico. If you are employed in one of the sixty-three listed professions
in NAFTA, you can apply for non-immigrant TN status. Most of the listed professions require either a bachelor's degree
or a licenciatura degree.
R-1 Religious Workers
The R-1 visa permits religious workers to come to the U.S. to carry on a religious occupation and perform services
for their religious organization. The religious organization must already be established in the United States.
Find
out about MANY other means of obtaining a non-immigrant visa to the U.S., by contacting us today to arrange a consultation.
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