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 – work, schooling,
a conference, etc., or to visit 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. 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.
The following is a brief list of the most commonly used temporary working visa categories:
H1-B Specialty OccupationThis 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 TransfersThe 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 TradersThe 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 InvestorIf 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 AchievementHighly 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 ProfessionalsThese 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 WorkersThe 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 free consultation.