B-1 – You may be eligible for a business visa if you are consulting businesses in the United States for a period of time.
B-2 – You may be eligible for a tourist visa if you are entering the U.S. for pleasure or medical treatment.
H-1B Specialty Occupations – Individuals can come to the United States to be employees for US companies. These individuals have a speciality occupation or degree.
H-2A Temporary Agricultural Workers – A U.S. employee can request a foreign national for a US agriculture position. This position is seasonal or temporary. The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent, or an association of U.S. agricultural producers named as a joint employer must file a Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
H-2B Temporary Non-Agricultural Workers – The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent must file Form I-129 Petition for Nonimmigrant Worker on behalf of a prospective employee.
H-3 visa – Allows for foreign nationals to temporarily come to the United States as either a:
- Trainee – to receive training in the U.S. in any field of endeavor, that is not available in the foreign national’s home country, exceptions are graduate medical education or training.
- Special Education Exchange Visitor – to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
E-1 Treaty Traders visa – Allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To qualify for E-1 classification, the treaty trader must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Carry on substantial trade
- Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
E-2 Treaty Investors visa – The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Purpose of entering the United States is solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
E-3 visa – The E-3 classification applies only to nationals of Australia. One must have a job offer in the United States. This visa can be renewed indefinitely. The purpose of coming to the United States is solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent.
To qualify for an E-3 visa, you must demonstrate that you:
- Are a national of Australia
- Have a legitimate offer of employment in the United States
- Possess the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
F and M visas
If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons interested in studying in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
- You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
- Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
- You must be enrolled as a full-time student at the institution
- You must be proficient in English or be enrolled in courses leading to English proficiency
- You must have sufficient funds to support yourself during the entire proposed course of study
- You must maintain a permanent residence in your home country
F-1 Student Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. Your school must be authorized by the U.S. government to accept international students.
M-1 Student Visa
The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.
J visa – visa authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
J-2 – visa for spouses or minor dependents who come with or later join the holder of the J-1 Visa in the United States.
K visa – applies to fiancé(s) and children of citizens for quick travel to the U.S.
If you petition for a fiancé(e) visa, you must show that:
- You (the Petitioner) are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition.
There are two exceptions to the above:
1. If meeting would violate strict and long-established customs of you or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
L-1A Intracompany Transferee Executive or Manager– This visa allows a U.S. employer to bring an executive or manager from one of its foreign offices to its offices in the United States. An executive or manager from a foreign company can also come to start their company in the US.
L-1 B Intracompany Transferee Specialized Knowledge -The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
L-2- Spouse and unmarried minor children can come to the United States with L-1 visa holder. The duration of validity depends on the L-1 visa.
O-1 Visa: Individuals with Extraordinary Ability or Achievement
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
- O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
- O-2: Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production
- O-3: Individuals who are spouses or children of O-1’s and O-2’s
R-1 Temporary Nonimmigrant Religious Workers
An R-1 is a foreign national who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time by:
- A non-profit religious organization in the United States;
- A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
- A non-profit religious organization which is affiliated with a religious denomination in the United States.
This visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.
To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.
R-2– applies to spouses and minor children of holders of the R1visa.
TN NAFTA Professionals
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada or Mexico;
- Your profession qualifies under the regulations;
- The position in the United States requires a NAFTA professional;
- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment
- You have the qualifications to practice in the requisite profession
Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement.
If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.
You must provide the following documentation to the CBP officer:
- Proof of Canadian citizenship;
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
- Credentials evaluation
TD: for spouse and minor children of a TN visa holder.
Malik Law Firm has several years of experience successfully representing clients in all 50 states and worldwide in the above mentioned visas. Call or email us today for a FREE consultation at [email protected] and call (646) 470-6859