NON-IMMIGRANT VISAS:

This type of visa permits foreign nationals to stay in the U.S. on a temporary basis. The applicant has to prove that his/her stay is temporary and their intention is to return to their home country on or before the visa expires. She/he generally must show strong family and financial ties to their home country and meet the conditions and requirements of the visa. There are many different types of non-immigrant visas ranging from work visas, visitor or business visas, educational visas and special visas. The most frequently requested visas are the B-1/B-2, F-1, H-1 and L-1 visas. Due to the complexities involved in immigration, it is best to consult an Immigration law attorney, the United States Citizenship and Immigration Services, or your local U.S. Consulate before filing an application. :

"A" VISA:

For diplomatic/official or employees of a foreign government with family and servants. Renewals are permitted during the period of service to a foreign government.

"B-1" VISA:

A business visitor can enter the United States temporarily but is not entitled to be paid in the United States. He/She must declare the specific reasons for his/her visit. The following seven professional categories are examples of acceptable business visits: research and design, business expansion, manufacturing and production, marketing, sales, distribution, active sales service, or general services such as: management, financial services, public relations, advertising, and tourism. Moreover, a foreign individual can enter the U.S. with a B-1 visa for the purpose of providing after-sales service on equipment or machinery bought in a foreign country. This will apply for the life of the warranty or service agreement.

The business person can apply for the visa at the U.S. consulate in his/her home country. The business visitors not listed above who possess a B-1 visa will be equally admitted without another visa for as long as they can prove at the border that they come to the United States temporarily to do legitimate business, to attend a conference, or for any other legitimate business reason, as long as they are not paid a salary in the U.S.

B-2 VISA:

A visitor for pleasure may also enter the United States temporarily but is not entitled to work. A visitor for pleasure may apply at the U.S. Consulate in the foreign country of residence. The following examples are some of the acceptable reasons for entry as a visitor: tourists, social visits to friends and relatives, health purposes, participants in conventions or in amateur musical, sports or similar events with no pay and dependants of U.S. Armed Forces personnel.

"C" VISA:

This is for a foreign traveler in transit. (UN Transits and foreign government transits) Duration is limited to the period of transit up to a maximum of 29 days. This may also be used for crewman joining ship or a business person traveling from Belize to Jamaica through the U.S.

"D" VISA:

This visa is for crew members of a sailing vessel or an airplane. Duration is temporary up to a maximum of 29 days.

"E" VISA:

The "E" visa allows foreign citizens of designated countries to be eligible for the status of E visa as importer, exporter, or investor. Applicants may apply for either visa at any American consulate or embassy in the world, generally, however, in the applicant's last country of residence. The "E" visas are generally issued for periods of five years and can be renewed for another period of five years. Permanent residency through the use of the "E" visa is available only under narrow circumstances and should be analyzed carefully before proceeding. This visa classification can be broken down as follows:

"E-1" VISA: A business person will have to trade goods or services and be able to manage the company. At the present time, "E-1" visas are defined as the trading of goods and services such as: banking services, financial services, and within the airline industry. There are no restrictions as to the types of goods or services that are being traded. An individual can benefit from an E-1 nonimmigrant visa if:

1. He (or his company) are foreign nationals or a foreign corporate entity with at least 50% stock interest in a U.S. company;

2. He comes to the U.S. in order to transact multiple transactions (50% or more of gross volume of the U.S. company) between his home country and the U.S.;

3. He is involved in administrative operations or has specialized qualifications which are essential to the operations of the U.S. employer;

4. He leaves the U.S. upon the expiration of the visa;

5. The applicant is a Treaty Country national. Treaty countries for E-1 visas are:

Bolivia (5 years)
Brunei (3 months)
Denmark (5 years)
Estonia (5 years)
Greece (5 years)
Israel (5 years)

"E-2" VISA: in order to qualify for an E-2 investor visa, the investor must develop and manage the operations of a company in which he has invested or is in the process of investing a "substantial" amount of money. An E-2 visa can be issued if it has been ascertained by the U.S. Consulate that:

a. The applicant is a foreign national or that his U.S. Company has 50% or more foreign shareholders;

b. The U.S. company in which he has invested, will invest, or has already invested a "sizeable" amount of money (generally greater than $100,000.00 of risk capital) in a real commercial business in the United States;

c. That person has been appointed to administer the company or possesses specific qualifications which are essential to the functioning of the company;

d. His investment is not the applicant's only source of income;

e. His investment is real or is imminently in the process of becoming a reality;

f. That person will leave the U.S. upon expiration of his visa (generally up to five years);

g. The applicant is a Treaty Country National; treaty countries are (E-2 ONLY):

E-1 and E-2:

"F-1"/"F-2" VISAS:

Permits students of any age to attend an educational institution, as approved by the Department of Immigration, in the United States for any length of studies as determined by the school and so long as finances of the student are sufficient for education and living purposes. The student must be enrolled in at least 15 credit hours of study. New rules allow off campus employment in work unrelated to course of study after one year of study; employment is limited to 20 hours per week. Two practical training periods of six months each are also available upon completion of course of study. Spouses and children of "F-1" visa holders receive "F-2" visa classification for the duration of the F-1 student's stay.

"G" VISA:

For a member that is recognized by a foreign government as a foreign diplomat. Authorized period of stay is limited to the length of functions.

"H" VISA:

The "H" visa category is broken down into the following categories:

1. "H-1A": For foreign nurses requiring attestation by the employer for each facility that there is a need for such employment at a particular worksite. The Secretary of the U.S. Department of Labor may waive this requirement at his/her discretion. The visa is granted for one year intervals and is renewable for up to five years.

2. "H-1B": For applicants coming to the United States to perform services in a specialty occupation and with respect to whom a labor condition application has been filed and approved. They have the right to be employed by an American company and to be remunerated in the United States.

A "specialty occupation" is one which requires theoretical and practical application of highly specialized skills as a minimum for entry into the occupation in the United States, such as: state licensure, bachelor's or higher degree in the specialty, or experience in the specialty equivalent to the completion of such a degree and recognition of expertise in the specialty through responsible positions related thereto. Over forty professionals are listed so as to be deemed "professionals", including: computer system analysts, engineers, accountants, dentists, college/university or seminar professors, scientists, architects, lawyers, nurses, medical, laboratory, or clinical technicians. Physicians are only eligible as H-1 candidates in the fields of clinical teaching or research but are allowed to practice, only as incidence of such teaching or research. This visa is typically granted in one to three year intervals with renewals permitted to a maximum of years.

3. "H-2A": For applicants coming temporarily to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

4. "H-2B": For applicants who are coming temporarily to the U.S. to perform other temporary nonagricultural services or labor.

5. "H-3": For foreign applicants who are seeking specialized training.

6. "H-4": For spouses and minor children of "H" visa holders.

"I" VISA:

For foreign journalists with spouse and children. The maximum duration of this temporary visa is one year.

"J" VISA:

For visitors of an exchange program. Spouse and children of the visitor under an exchange program are accorded "J-3" visa status. This visa is granted up to one year. Note that there are certain restrictions on the visa depending upon the type of exchange program. Most notable is a two year foreign residence requirement imposed at the termination of the visa. Waivers of this requirement are permitted under certain limited conditions.

"K-1" VISA:

Permits a foreign fiance; or fiance of a United States Citizen to travel to the U.S. The applicant has 90 days in which to get married and the visa is valid for this 90 day period. The children of a foreign fiance or fiance of a U.S. citizen are classified as "K-2" visa holders

K-3 VISA

Allows a person who has a valid marriage to a USC and the USC has filed an immigrant petition on their behalf and the spouse wants to enter the US to await approval of the petition (this included the minor children of the beneficiary). A K-4 visa would be issued for an unmarried child of a K-3 upon proof of the relationship.

"L-1" VISA:

An executive or manager of a foreign corporation or an individual who has specialized knowledge concerning a foreign corporation may qualify for the L-1 intra-corporate transfer visa. The visa allows an American subsidiary, branch, parent, affiliate or joint venture to require the services of an employee of the foreign company in order to help develop the existing or new American company. The visa is issued for one year to new U.S. companies; one to three years for already established companies and can be extended every year up to a maximum of seven years.

The time frame for this visa is generally very quick, usually within one to two months. Furthermore, if after one year of employment in the U.S., the person wishes to become a lawful permanent resident, he may apply without having to obtain a labor certification. The subsequent residency procedure can take up to three years.

One of the major drawbacks to obtaining the L-1 visa is that the foreign company must continue its operations in the foreign country. The company must have sufficient resources to continue operating outside the U.S. and keep its employees, offices, tax records, and all other ordinary expenses of an operating business. In addition, the holder of the visa, since he is considered a non-immigrant, is required to continue to pay taxes in his country of origin, even if he is remunerated from the American corporation. However, it is wise to consult an accountant who specializes in tax laws of both countries. In most circumstances, persons staying greater than 120 days in a given year may trigger U.S. tax consequences.

Once the L-1 visa is approved by the United States Citizenship and Immigration Service (USCIS), it is necessary to complete consular procedures where the beneficiary obtains the visa stamped onto his passport. Spouses and children of L-1 visa holders are granted L-2 visa classification which allows them to accompany the principal beneficiary to live in the United States and to attend school. Under the prior law a spouse was not able to work, however effective in 2002, with proof of a valid marriage a spouse can now obtain work authorization.

"M-1" VISA:

Permits students to seek vocational education in a technical institution. As with the F-1 visa, the duration of the M-1 visa is for the course of studies

"O" and P VISAS:

The "O" Visa category can be broken down as follows:

1. "O-1" VISA: For applicants of extraordinary ability in sciences, arts, education, business or athletics sustained by national or international acclaim or with regard to motion picture and television productions which will substantially benefit the United States prospectively and will work in area of ability.

2. "O-2" VISA: For applicants seeking to accompany an O-1 applicant who are integral to the performance and have critical skills and experience with the O-1 alien.

3. "O-3" VISA: For spouses and children of O-1 and O-2 aliens.

4. The "O" visa category allows a stay for the duration of the event but not beyond a ten year period.

5. "P" VISA: the "P" Visa category is broken down as follows:

1. "P-1" VISA: For internationally recognized athletes and entertainers having a foreign residency.

2. "P-2" VISA: For athletes and entertainers seeking entry under the reciprocal exchange program.

3. "P-3" VISA: For artists and entertainers seeking to enter under a program that is culturally unique.

4. "P-4" VISA: For spouse and children of "P" Visa holders. The "P" visa classification permits an alien to remain in the U.S. for the course of the event but not exceeding five years.

"R" VISA:

For aliens who for the preceding two years have been members of a religious denomination having a bona fide non-profit religious organization in the U.S. The visa is granted for a maximum period of five years.

"Q" VISA:

For participants in an international exchange program providing practical training, employment, and the sharing of history, culture, and tradition of the alien's country. The maximum period of stay permitted under this visa classification is fifteen months.

"S" VISA:

Aliens who assist law enforcement by testifying in criminal cases have long been admitted to the United States under the broad parole authority of the Attorney General. The "S" nonimmigrant classification was formally created for such alien witnesses, and other aliens supplying information relating to acts of terrorism and criminal behavior.

1. "S-1" VISA: The alien must meet the following criteria: he is in possession of critical reliable information concerning a criminal organization or enterprise; he is willing to supply or has supplied such information to law enforcement authorities or court; and whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.

2. "S-2" NONIMMIGRANT: This person is described as an alien whom the Secretary of State and the Attorney General jointly determine: is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; is willing to supply or has supplied such information to law enforcement authorities or court; will be or has been placed in danger as a result of providing such information; and is eligible to receive a reward from the U.S. government as prescribed by other laws.

The entry of an S-1 or S-2 nonimmigrant is limited to three years, and extension of stay is not permitted. As a condition for maintaining lawful status, the "S" nonimmigrant is required to report quarterly to the Attorney General concerning his or her whereabouts and activities. Moreover, the alien becomes deportable for conviction of any criminal offense punishable by a year or more imprisonment after admission. The spouse, married and unmarried sons and daughters, and parents of both S-1 and S-2 nonimmigrants are allowed to enter the United States, whether accompanying the principal alien or following to join.

"TN" VISA:

The North America Free Trade Agreement of 1993 allows "TN" (Trade NAFTA) visa classification to be issued to Mexican and Canadian nationals who have a ready sponsor and where the alien fits into a limited segment of designated professions which are deemed desirable in the U.S. These generally are university trained professionals or consultants. Schedule 2 of the U.S.-Canada Free Trade Agreement lists the professions which can qualify for this visa.

The TN visa is valid for one year, is secured at a U.S. border entry post and may be renewed annually. Thus, it is an excellent one year alternative which fills in a niche in the American labor market and allows Mexican and Canadian aliens to gain American experience and to deliver foreign know how.

Spouses and children of "TN" visa holders receive "TD" (Trade Dependent) visa status; there are no work benefits to spouse and children.

U VISA:

This is a special visa for an applicant that can show she/he has suffered substantial physical or mental abuse as a result of having been a victim of âÄúqualifying criminal activityâÄù. Some examples of qualifying criminal activities are: blackmail, domestic violence, incest, false imprisonment and similar activities in violation of federal , state or local laws.

V VISA:

Visas for spouses (V-1) and children (V-2) or dependent children (V-3) of Legal Permanent Residents (green card holders) may obtain a visa at the US consulate in their country of residence if: The resident filed an application for immigrant status prior to December 21, 2000 and the petition has been pending for three (3) or more years or if the petition is already approved and a visa number is not available. V eligible persons may also apply for this status in the U.S.