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Permanent Residency (“Green Card”)
Nonimmigrant Visas
The most common temporary (nonimmigrant) visas are outlined below:
B-1/B-2 Tourist/Visitor Visas
B-1 visitors may apply for visas to enter the U.S. on behalf of their
overseas employer, for a short duration that may not involve local employment.
Nationals of certain countries may be eligible to visit the U.S. for business
purposes for up to 90 days without obtaining a visa under the Visa
Waiver Pilot Program. B-2 visitors for pleasure may apply for visas to
enter the U.S. for tourism, visits, medical treatment, and certain
additional activities. Nationals of certain countries may be eligible
to visit the U.S. for pleasure for up to 90 days without obtaining
a visa under the Visa Waiver Pilot Program.
E-1 Treaty Trader Visa
Treaty traders and their employees may apply for visas to conduct substantial
trade between the U.S. and the treaty country, provided that treaty
country has the requisite treaty with the U.S.
E-2 Treaty Investor Visa
Investors who invest a substantial amount of capital in a U.S. enterprise,
and who will develop and direct the enterprise, may apply for a visa
provided that the treaty country has the requisite treaty with the U.S.
F-1 Student Visa
Students who will pursue a full course of study at an authorized educational
institution in the United States may apply for a student visa. In
some cases, a period of practical training in the field of study may be
available subsequent to graduating from the educational institution.
H-1B Specialty Occupations
Alien who come to the U.S. to perform services in a professional occupation.
Aliens with at least a bachelor's degree or higher is the minimum
requirement for entry into the particular occupation may apply for a visa
if the U.S. employer can document that the worker will be paid at
least the prevailing wage for the position. In certain cases, aliens who
have documented education, work experience, and training that is
equivalent to the completion of a U.S. bachelor’s degree.
J-1 Exchange Visitors
Exchange visitors may apply for a visa to travel to the U.S. in an approved
exchange program. This category includes certain students, medical
residents and physicians, professors and research scholars, specialists,
government visitors, camp counselors and au pairs. Certain J-1 programs
require that the exchange visitor spend two full years outside the U.S.
after there visas expires.
K-1 Fianceés
A fianceé of a U.S. citizen may apply for a nonimmigrant visa,
which allows entry to the U.S. for 90 days. Within that 90 day period,
the U.S. citizen and foreign fianceé must get married. The
fianceé can then apply for permanent resident status.
L-1 Intracompany Transferees
Executives, managers and specialized knowledge employees who within the
preceding three years has been employed abroad for at least one
continuous year may apply for a visa to transfer to their employer's U.S.
affiliate, parent or subsidiary in the United States.
O-1 Extraordinary Ability Workers
An individual who has extraordinary ability in the sciences, arts, education,
business or athletics which has been demonstrated by sustained national
or international acclaim and who is coming to the United States to continue
work in the area of extraordinary ability.
P-1 Athletes, Artists and Entertainers
An alien who is coming temporarily to the U.S. to perform at specific
events at an internationally recognized level of performance.
R-1 Religious Workers
An alien who, for at least two years immediately preceding the time of
application for admission, has been a member of a religious denomination
having a bona-fide nonprofit religious organization in the U.S., may be
admitted temporarily to the U.S. to carry on the activities of a
religious worker.
TN status under NAFTA
Special rules apply to citizens of Canada and Mexico under the provisions
of the North American Free Trade Agreement. A citizen of Canada
who seeks temporary entry as a business person to engage in business activities
at a professional level may be admitted to the United States in
accordance with NAFTA.
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2005 Peri Edelman | Disclaimer |