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. That purpose might
be 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 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.