Visitor VISA

B-1 Visa - Business Visitor

In most cases, a foreign national who wishes to come to the United States must first obtain a visa. There are two types of visas: a nonimmigrant visa for those who wish to enter the country on a temporary basis, or an immigrant visa for those coming to this country for obtaining permanent residency. A visa allows a foreign national to travel to a port-of-entry in the United States, requesting permission of a U.S. immigration inspector to enter the U.S.

The "visitor" visa is a nonimmigrant visa for foreign nationals who wish to enter the United States temporarily reasons that concern business (B-1), pleasure or medical treatment (B-2), or combination of both (B-1/B-2).

A B1 visa is issued to business visitors who wish to enter the U.S. for a temporary period to engage in legitimate business activities, such as meetings, conferences, negotiating contracts and consultations. B1 visa holders may not work in the U.S. and may not be paid from a U.S. source. Individuals.

The Definition of a B-1 Visa:

The visitor visa is a nonimmigrant visa for individuals desiring to enter the United States temporarily for business (B1 Visa).

Who would need a B-1 Visa:

Individuals who wish to attend scientific, educational, professional, business, or religious conventions, conferences, workshops or seminars.

Individuals who intend to work on specific projects in the United States and be paid by a foreign employer; business professionals who wish to participate in commercial transactions (which do not involve permanent employment), such as negotiating contracts or consulting with business associates.

Individuals who wish to undertake independent research studies, do market research or any other similar activity.

Business professionals who wish to explore the possibility of setting up a subsidiary of a foreign corporation investment but the individual cannot remain in US to manage the established business.

Technical personnel who are needed to install or service equipment in conjunction with a contract of sale, or to provide after sales service.

Business professionals to need to attend meetings as a member of the Board of Directors of a United States Corporation.

Individuals who wish to observe business, professional, or vocational activity as long as it does not involve any hands-on activity.

Professional athletes who need to compete in a tournament that involves prize money and not a salary.

Purchasing agents of a foreign employer who need to come to the United States to procure goods, components, or raw materials for use outside the U.S.

Foreign business persons who need to come to the U.S. because of litigation.

B-2 Visa - Pleasure or Medical Treatment Visitor

The B-2 visitor visa is also referred to as the "tourist" visa. Foreign nationals who wish to enter the United States for recreation and pleasure or for medical treatment often use it..

A B2 visa may also be used to enter the United States for certain types of study. Usually, student visas are only given to students attending full-time academic or vocational programs at a United States Citizenship and Immigration Service (USCIS) approved institution. But if one is traveling to the U.S. primarily for tourism, but while in the U.S. they want to take a short course of study that is recreational and not for credit towards a degree, and the course is less than 18 hours per week, then this is allowed on a B2 visa

While it is possible for individuals to use a B2 visa (visitor visa) for participating in certain types of recreational or part-time study, students should always check with the school or program they wish to attend and with the U.S. consular officer in their home country to determine if they are definitely able to use a tourist visa for their specific school or program.

Who would need a B-2 Visa:

Individuals who wish to come to the U.S. as tourists.

Individuals who wish to visit friends and relatives in the U.S. for a short time.

Individuals who need to come to the U.S. for medical treatment.

Foreign nationals who are coming to the U.S. to marry a U.S. citizen or Green Card holder, upon establishing with the consular official and the USCIS that after the marriage, individuals will depart from the U.S., even though intending ultimately to immigrate.

Amateur athletes, musicians etc. who will participate in their respective activities in the U.S without any compensation.

Individuals coming to the U.S. to participate in conventions organized by social organizations.

Dependents of foreign national members of the U.S. armed forces temporarily assigned duty in the U.S.

Dependents of crewmembers (D visa holders) or B-1 visa holders solely to accompany the principal foreign national, or dependents of non immigrants for which no derivative classification is available. For example, the elderly parent of an E visa holder.

Individuals who wish to enter the U.S. to apply for special naturalization benefits on the basis of U.S. military service.

H2B Visa

The H2B visa category is one of the only visa categories that authorizes unskilled laborers to work in the U.S. For this reason, this category is highly in-demand for individuals who may not be eligible to apply for any other U.S. visa. The H2B visa category is an invaluable resource which many U.S. employers rely on to fill temporary or seasonal needs that would be impossible to fill with U.S. workers. Small resort towns, for example, would not be able to staff the many shops, restaurants and recreational outlets that are mobbed with customers during its summer months without filling at least some of those temporary jobs with foreign workers. Unfortunately, successfully sponsoring foreign workers for H2B visa can be a tricky process due to the visa category’s popularity. Each year, only a limited number of H2B temporary visas are made available to workers. This numerical limit is referred to as a “cap.” The cap is set by Congress at the beginning of every fiscal year, which is October 1. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular non-immigrant classification.

J-1 Temporary Exchange Visitor Application

The J-1 visa is designed to facilitate a cultural exchange between the J-1 visa holder and the U.S. organization that hosts the visitor. J-1 visas are issued to individuals who seek to enter the U.S. for a temporary period in order to serve in one of the following capacities: teacher, professor or research scholar; short-term scholar; trainee or intern; secondary-school teacher, college or university student; nonacademic specialist; foreign physician; camp counselor; au pair; or summer student in a travel/work program.

J-1 visa applicants must obtain sponsorship from an agency designated as a J-1 sponsor by the U.S. Department of State. The sponsor is not the organization or agency where the J-1 visa holder will work, or serve as a trainee or intern. The J-1 sponsor is the agency that communicates the Department of State requirements to the J-1 applicant and approves the applicant to participate in the J-1 program. There are hundreds of sponsors in the U.S., each of which specializes in a limited number of J-1 exchange programs. For example, there are sponsors who specialize only in au pair programs, and sponsors who specialize only in business trainee and intern programs, and so on. The sponsor issues a special form to an approved J-1 applicant, the DS-2019, and the applicant uses that form to apply for a J-1 visa at a consulate overseas.

The J-1 visa has a lot of unique requirements, and the process of applying for the visa is very different than any other visa application process. Identifying an appropriate J-1 host and then locating a J-1sponsor are good first steps. But before you even start the process, it is helpful to have the full picture on what the various phases of this complicated process are.

Work VISA

H-1B Visa Application

The H-1B Visa is used by foreign professionals who are sponsored by a U.S. employer to work in a specialty occupation in the U.S. An H-1B visa is generally valid for three years and can be extended for an additional three-year period. An employer may sponsor an H-1B employee for a Green Card, if desired.

In order to qualify for an H-1B visa, the applicant must hold at least a Bachelor’s degree and the U.S. position must require at least a Bachelor’s degree. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers in the area of employment and must make other attestations as stipulated by the Department of Labor. Individuals seeking a U.S. work visa who do not qualify for H-1B status should explore alternate visa options, such as the L-1, or TN visa.

Only 65,000 H-1B visas are issued each year. In past years, the demand for H-1B visas has exceeded supply to such an extent that all available visas have been exhausted in days. This has resulted in the administration of a “lottery” system, whereby USCIS only completes processing on randomly selected applications. Applications that are not selected in the years that the lottery stems is in place are rejected. Because so few H-1B visas are available, successful H-1B visa applicants have had to approach the H-1B visa application process with foresight and a calculated strategy.

The H-1B application process is complicated not only from a timing perspective, but also because a number of forms are required, and applications must be filed with both U.S. Citizenship & Immigration Services and the Department of Labor.

H3 Trainee Visa Application

The H3 trainee visa category is strictly intended for foreign nationals seeking on-the-job training provided by a U.S. company or a U.S. government agency in order to further their career in their home country. In order to be eligible for an H3 visa, similar training opportunities must not exist in the foreign national’s home country. This classification is not intended for employment within the United States. A foreign national is not eligible for this classification if they are coming to the United States for graduate education or training. If this is the case, J-1 and F-1 classifications may be more appropriate.

An H3 visa holder can take part in a training program offered by a U.S. company or U.S. government agency, and therefore can work legally in the United States, as long it is not productive employment.

There are no numerical limits to H3 Trainee Visas though there is a limit of fifty (50) per year regarding “special education” H3 Trainee Visas.

In order to apply for an H-3 visa at a U.S. consulate overseas, the H3 visa applicant must be the beneficiary of an approved visa petition. In other words, before the trainee can apply for the H3 visa, the company which is sponsoring the training must file a petition with USCIS. Generally, it takes USCIS two (2) to four (4) months to approve the visa petition. Once the petition is approved, the applicant must schedule an appointment to apply for the visa at a nearby consulate.

An H3 visa holder can travel in and out of the United States without restrictions, or can stay in the United States continuously until the visa expires.

H-4 visas are available for accompanying spouses or unmarried children under the age of twenty-one (21). H-4 visa holders cannot work in this country but they can study in U.S. primary and secondary schools.

L-1 Visa - Temporary Work Visa for Intercompany Transferee

The L-1 visa is available to individuals who are transferred to a U.S. Company after having worked at least one of the last three years at a foreign subsidiary, affiliate, branch, or parent company. The L-1A visa is available to employees who will work in a managerial or executive capacity. The L-1B visa is available to employees who will work in a position requiring “specialized knowledge.” If you are seeking a work-authorized U.S. visa, but don’t qualify for an L-1 visa, you should consider other visa alternatives, such as the H-1B, H-2B or TN visa.

The L-1A Visa

The L-1A Visa is typically granted for an initial period of three years. An L-1A visa holder may extend his or her status for a maximum period of seven years.

A Manager or Executive who has held managerial/executive positions both with the U.S. Company and the foreign affiliate, branch, subsidiary or parent is eligible to be sponsored for a Green Card without first being the beneficiary of an approved Labor Certification Application. An individual in this situation is on the “fast-track,” since an employer can sponsor him and her without first having to test the labor market to determine if there are any qualified U.S. workers willing to fill the position that is offered to the L-1A worker.

The L-1B Visa

The L-1B Visa is typically granted for an initial period of three years. An L-1B visa holder may extend his or her status for a maximum period of five years.

In order to establish that the L-1B position requires “specialized knowledge,” an L-1B employer must show that the position requires knowledge or experience that is not typically transferrable in a regular training interval.

Employers seeking to sponsor an L-1B employee for a Green Card must first file a Labor Certification on behalf of the employee. The Labor Certification tests the labor market to see whether there are any qualified U.S. workers willing to do the job that is offered to the L-1B employee.

Give yourself the tools you need to make the most informed decisions about applying for the L-1 visa: Find out how the process works, what timing considerations are involved, and what forms and supporting documents must be submitted. Click here to get all the information you need to successfully get your L-1A or L-1B visa.

O1 Visa Application for Aliens of Extraordinary Ability

The O-1 nonimmigrant visa is for foreign nationals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have demonstrated a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. O-1 visas require an employer sponsor - a foreign national cannot petition for an O-1 visa on his or her own behalf.

Typically, the O-1 employee will be admitted to the U.S. for the length of the project or event described in the petition, for a maximum of three (3) years. Once in the U.S., an O-1 employee may apply to extend his or her status in one (1) year increments.

R1 Visa Application for Religious Worker

The R-1 visa category is reserved for Religious Workers. To qualify as a Religious Worker in this visa category, you must be a member of a religious denomination that has a genuine nonprofit religious organization in the U.S. You must have held membership in the denomination for at least two years before you can apply. To qualify as a genuine non-profit, the organization must be exempt from paying U.S. taxes, or eligible for tax-exempt status.

In addition, as a Religious Worker you are can only perform certain duties for the denomination. Specifically, you must serve as a minister, or in another recognized religious vocation.

In order to sponsor a Religious Worker for R-1 status, a religious organization must first file a petition with U.S. Citizenship and Immigration Services (USCIS, formerly the INS). After the petition is approved, the Religious Worker can apply for a visa at a U.S. Consulate abroad.

Family VISA

If you are extending nonimmigrant status based on a petition to extend the nonimmigrant status of your spouse or parent, then your application may be filed either at the same time that your spouse or parent's petition is filed, or while your spouse or parent's petition is pending, or after your spouse or parent's petition has been approved. Please note, however, that you must file your application to extend status before your current status expires, or you will fall out of status.

If you are changing from one nonimmigrant status to another, then you may file your application any time before your current status expires. If you fail to file your application before your current status expires you will fall out of status.

FAMILY MEMBERS OF-F1

FAMILY OF H-1, H-2,H-3

K-1 Fiancé (e) Visa

U.S. citizens who want to bring a foreign fiancé(e) to the United States so that they can be married and live in the U.S.

Fiancé(e)s of U.S. citizens who will enter the United States and marry the U.S. citizen within 90 days.

A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a U.S. citizen to enter the United States. The U.S. Citizen must petition on behalf of their future spouse with the U.S. Government agency handling immigration matters called the USCIS. Once the foreign fiancé(e) receives the Fiancé(e) Visa, they must marry their US citizen petitioner within 90 days of entry into the United States, or leave the US. Once the couple marries, the foreign citizen can adjust status to receive their Green card.

FAMILY MEMBERS OF L-1
FAMILY MEMBERS OF M-1
FAMILY OF O-1,O-2
FAMILY OF P-1,P-2,P-3
FAMILY MEMBERS OF Q-1
FAMILY MEMBERS OF TN

K-3/K-4 & V-1/V-2 Entry Visa for Spouse or Child

The spouse and children of U.S. Citizens and Lawful Permanent Residents may have visa options that enable them to enter the U.S. without first obtaining a Green Card.

The K-3/K-4 visas are reserved for the spouse and children of U.S. citizens, while the V-1/V-2 visas are reserved for the spouse and children of Lawful Permanent Residents. In order to qualify for either a K-3/K-4 visa or a V-1/V-2 visa, the U.S. sponsor must have already filed a Form I-130, Immigrant Petition on behalf of his or her relative. The K-3/K-4 or V-1/V-2 visa holders may enter the U.S. while the I-130 Immigrant Petition is pending and apply for a Green Card from inside the U.S. after the petition is approved.

There are certain timing requirements that must be met for an applicant to qualify for either K-3/K-4 or V-1/V-2 visa status.

A fiancé(e) of a U.S. citizen may receive a K-1 visa to enter the country for the purpose of getting married to a U.S. citizen within 90 days of his or her arrival. If the marriage does not occur within this 90-day window, the foreign fiancé(e) must depart the country. Unmarried, minor children of K-1 fiancé(e)s are eligible for K-2 visas. K-1 and K-2 visa holders may apply for a Green Card from inside the U.S., as long as the K-1 visa requirements are met.

Give yourself the tools you need to make the most informed decisions about applying for the K-3/K-4 visa or the V-1/V-2 visa: Find out how the process works, how long you can expect it to take and what requirements you need to fulfill once you enter the U.S.