Nonimmigrant Visa Lawyers

B visas are intended for people who are only visiting the U.S. The B-1 category is for business visitors, and B-2 visas are for non-business visitors. To be eligible, a foreign national must show why they are staying in the U.S. and prove their stay will be temporary. These visas can be obtained more quickly than any other type.

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E-1 visas, the treaty trader visas, are for foreign nationals coming to the U.S. to carry on substantial trade between the U.S. and their home country. Similarly, E-2 visas are for foreign nationals looking to invest substantial capital in an enterprise.

Some advantages of E visas over others are that they do not require any specific educational background, they can be extended indefinitely, and a person can travel in and out of the U.S. freely until the visa expires. However, the applications for E-1 and E-2 visas are complicated and time intensive.

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Australian nationals in special occupations can take advantage of a treaty between the U.S. and Australia that allows them to apply for a temporary visa to work and live in America. The E-3 visa stipulates that a person is applying to work in an occupation that requires specialized knowledge and training. E-3 visas are open to Australian nationals only and applicants have the distinct advantage of not being subject to the H-1B visa cap.

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International students can apply for F or M visas to study in the U.S. F-1 visas allow foreign nationals to come to the U.S. as full-time academic or language students. Before applying, they must be accepted to an approved institution.

M-1 visas are for foreign nationals pursuing a vocational, non-academic program in an established U.S. institution. Examples of such programs include dental hygienists, mechanists, and healthcare technicians. Like F-1 visas, M-1 visa applicants must be accepted to an established program before obtaining a visa.

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H-1 visas are for workers in special professions and are the most popular H visas. These visas are intended for foreign workers who want to work temporarily in a specialty occupation for a U.S. employer. Applicants must meet educational requirements in their discipline and be established experts in their field.

Petitions for H-1 visas are made by U.S. employers interested in hiring foreign nationals, but there are limits to the number of H-1 visas the U.S. will approve every year.

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H-2 visas are for unskilled or job-trained workers. They allow U.S. employers to bring foreign nationals to fill temporary positions in various non-agricultural industries, including seasonal, intermittent, or one-time occurrences.

As with H-1 visas, H-2 visa petitions fall under caps, and the waiting lists can be extremely long. Employers must prove their need for a foreign national’s services is temporary.

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H-3 visas temporarily allow foreign nationals to come to the U.S. as trainees or special education exchange visitors. Typical fields of study include agriculture, finance, transportation, and communications.

These visas are not designed for employment in the U.S.; instead, they are intended to provide training for jobs performed in foreign countries.

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There are two nonimmigrant visa categories for foreign nationals who want to participate in exchange visitor programs in the U.S. J-1 visas are for educational and cultural programs, and Q-1 visas are for specific international cultural exchange programs.

J and Q visas are meant to promote the exchange of people, talent, ideas, culture, and history between the U.S. and the visa holder’s home country.

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K-1 visas are specifically for the fiancées of citizens who want to get married in the U.S. Obtaining a K-1 visa is often quicker than traveling overseas, getting married, and then applying for legal permanent resident status. It is ideal for citizens who want to marry their foreign-born fiancé in the U.S.

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Intracompany transferees fall under the L-1 visa category. These visas are for foreign workers coming to the U.S. branch of their company to perform services in a managerial, executive, or specialized capacity. L-visas have one of the most complex application processes.

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The U.S. government may deny Foreign nationals admission for various reasons, including criminal grounds, medical reasons, or immigration violations. However, with a few exceptions, the U.S. government will waive some grounds of inadmissibility.

A person applying for a non-immigrant waiver of inadmissibility will usually do so at a U.S. consulate or embassy. The application package will include a letter detailing the request, ideally supported by evidence.

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Foreign nationals who sustain national or international acclaim in their profession may be qualified for an O-1 visa. These workers with extraordinary abilities must document their expertise in their O-1 visa application.

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There are three classifications of P visas for performing entertainers and athletes.

P-1 visas are for athletes or entertainers visiting the U.S. to perform in a competition or with a foreign-based entertainment group. P-2 visas are for foreign artists or entertainers coming to the U.S. to perform as part of a reciprocal exchange program between an American organization and one in another country. P-3 visas are for foreign nationals coming to the U.S. to teach, coach, or perform in a culturally unique program.

Foreign entertainers or athletes on these visas can renew their stay indefinitely and there is no quota.

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Foreign religious workers—ministers, priests, religious educators, translators, missionaries, and others—may apply for an R-1 visa to work temporarily in the U.S. To be eligible for an R-1 visa, a foreign national must be a member of a specific religious organization in the U.S. for at least two years. These visas are tied to a religious organization and are only available for applicants who meet this requirement.

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The U.S. government created T visas to provide temporary U.S. residence for victims of human trafficking. These visas enable certain human trafficking victims to remain in the U.S. for up to four years to recover and assist law enforcement in investigating and prosecuting traffickers.
T visa holders may be able to adjust their status to become LPRs.

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TN visas allow Canadian and Mexican citizens to temporarily work in the U.S. in more than 60 professional occupations, including accounting, architecture, graphic design, social work, chemistry, engineering, and analytics. The challenge of applying for a TN visa is proving that the U.S. job is temporary and legitimate.

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U visas allow victims of certain types of criminal activity to live and work in the U.S. temporarily. U visas intend to assist law enforcement in criminal investigations and support humanitarian efforts.

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