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Non-Immigrant Visas
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 indefinitely.
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 his or her 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 he or she graduates and
finds employment (assuming the new employer is willing to sponsor). Several types of non-immigrant visas also allow
a person to extend his or her status and thereby extend his or her 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 Occupation This
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. In addition,
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 Transfers The 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 Traders The 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 Investor If 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 Achievement Highly 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 Professionals These 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 Workers The 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 consultation.
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