Temporary
Visas
B-1/B-2
Tourist/Visitor Visas
Available to all visitors coming to the U.S for business or pleasure.
B-1 business visitor visas are for a short duration and must not involve
local employment. Nationals of certain countries may be eligible to visit
the US for up to 90 days without obtaining a visa.
E-1/E-2
Treaty and Investor Visas
Investors and traders and their employees may receive visas to carry
on their businesses in the US if their home country has a commercial treaty
with the US conferring visa eligibility.
F-1
and M-1 Student
Visas
Persons seeking to pursue a full course of study at a school in the
United States may be eligible for a visa for the course of their study
plus, in some cases, a period for practical training in their field of
study.
H-1B
Specialty Occupation Visas for Professionals
Professional workers with at least a bachelor's degree (or its equivalent
work experience) may be eligible for a non-immigrant visa if their employers
can demonstrate that they are to be paid at least the prevailing wage
for the position.
J-1
and Q-1 Exchange Visitor Visas
Persons coming to the US in an approved exchange program may be eligible
for the J-1 Exchange Visitor's visa. J-1 programs often cover students,
short-term scholars, business trainees, teachers, professors and research
scholars, specialists, international visitors, government visitors, camp
counselors and au pairs. In some cases, participation in a J-1 program
will be coupled with the requirement that the beneficiary spend at least
two years outside of the US before being permitted to switch to a different
nonimmigrant visa or to permanent residency. We regularly handle the application
process for seeking a waiver to the home residency requirement that applies
to many J-1 visa holders.
K-1
Fiance(e) Visas
A Fiance(e) of a US citizen is eligible for a non-immigrant visa conditioned
on the conclusion of the marriage within 90 days.
L-1
Intracompany Transfer Visas
L-1 visas are available to executives, managers and specialized knowledge
employees transferring to their employer's U.S. affiliate. Executives
and managers holding L-1 visas may be eligible for permanent residency
without the need of a labor certification.
O-1 Extraordinary
Ability Worker Visas
The O-1 category is set aside for foreign nationals with extraordinary
ability. This includes entertainers, athletes, scientists, and businesspersons.
P-1 Artists
and Athletes Visas
This category covers athletes, artists and entertainers.
R-1
Religious Worker Visas
Religious workers may be eligible for an R-1 visa.
TC and
TN NAFTA and US-Canada Free Trade Agreement Visas
A special visa category has been set up for nationals of Canada
and Mexico under the
provisions of the North American Free Trade Agreement and the U.S.-Canada
Free Trade Agreement.
Permanent
Residency Visas
("Green Cards")
Family
Sponsored Immigration Visas
U.S. citizens may petition for spouses, parents, children and siblings.
Permanent residents may petition for spouses and children.
Employer-Sponsored
Immigrant Visas:
EB-1
Foreign Nationals of Extraordinary Ability, Outstanding Professors and
Researchers and Multinational Executives and Managers
Individuals in this category can petition for permanent residency
without having to go through the time consuming labor certification
process.
EB-2
Workers with Advanced Degrees or Exceptional Ability in the Sciences,
Arts or Business
Visa holders in this category normally must have a job offer and
the potential employer must complete the labor certification process.
The labor certification involves a testing of the job market to demonstrate
that the potential visa holder is not taking a job away from a U.S.
worker. In cases where an individual can show that his entry is in the
national interest, the job offer and labor certification requirements
can be waived.
EB-3
Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and
the potential employer must complete the labor certification process.
EB-4
Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.
EB-5
Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000
visas per year for alien investors in new commercial enterprises who
create employment for ten individuals. There are two groups of investors
under the program - those who invest at least $500,000 in "targeted
employment areas" (rural areas or areas experiencing unemployment of
at least 150% of the national average rate) and those who invest $1,000,000
anywhere else. No fewer than 3,000 of the annual allotment of visas
must go to targeted employment areas.
DV-1
Visas (the "Green
Card Lottery")
55,000 visas are annually allotted in a random drawing to individuals
from nations underrepresented in the total immigrant pool.
Other
Statuses
Refugee
and Asylum Applications
Persons with a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or political
opinion may be eligible to apply for asylum or refugee status in the U.S.
Temporary
Protected Status
Granted to individuals from selected countries which
the U.S. currently recognizes as unsafe. Allows individuals to remain
in the U.S. for the duration of their status. Subject to a periodicBCIS (formerly INS) review. Does not lead to a visa.
TN
Status
Allows
certain Mexican and Canadian workers to avoid the visa application process
by proceeding directly to a U.S. port of entry and presenting the necessary
documents.
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