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 request permission of the Department of Homeland Security to visit for a specific purpose.
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). 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. Our firm 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.
We Assist- Working Professional Visas
- Student Visas
- Visitor
Visas
- Treaty Trader and Investor Visas
- Intra-Company Managerial Transfers
- Professional Athletic and
Artistic Performance Visas
The following is a brief list of the most commonly used temporary working visa
categories:
- H1-B Specialty Occupation
- L-1 Intra-company Transfers
- J-1
Waiver
- E-1 Treaty Traders
- E-2 Treaty Investor
- O-1
Individuals of Extraordinary Ability or Achievement
- TN Professionals
- R-1
Religious Workers
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.
J-1 Waiver
A J visa is given to an individual
pursuing a specific, non-permanent educational or cultural objective, including but not limited to medical residency/fellowship
training, teaching and conducting research. Some holders of this visa are subject to a two-year home residency requirement,
which must either be satisfied or waived before she or he can change status to H, L or K or seek permanent residency.
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 to 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 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
Highly talented or acclaimed individuals may be eligible for an O visa
for entry into the U.S. People who may qualify for this visa are physicians, scientists and accomplished businesspeople as
well as athletes considered at the top of their field.
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 licensures degree.
R-1 Religious Workers
The R-1 visa permits religious workers to come to the U.S. to take 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.
DISCLAIMER: This information is not intended to provide solutions to individual problems, does not constitute an attorney-client
relationship and should not be construed as legal advice. Please note that laws change frequently.
