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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 employment, schooling, a business conference or meeting, or simply to tour the United States or visit with family and friends.
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 reside in the United States 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, performer, intra-company transferee, treaty investor, student, visitor, etc). 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:
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. As many as 20,000 additional H-1B slots are available to graduates of U.S. Master’s degree (or higher) programs.
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.
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.
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.
Australian Nationals who intend to work here in the United States in a specialty occupation may obtain the E-3 visa which is similar in characteristic to the H-1B visa but with several added benefits such as the E-3 spouse may work and E-3 applicants are not required to pay the special fees required for H-1B visas. This visa is limited to 10,500 per fiscal year.
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 and performers of international acclaim and considered at the top of their field.
This visa is issued to persons coming here to the United States to either temporarily perform as an athlete or entertainment performer at an internationally recognized level of performance.
If you plan to come to the United States to temporarily perform, teach, coach as an artist or entertainer, either individually or as part of a group of entertainers under a culturally unique program, this visa is the appropriate visa.
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.
This visa is 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.
Find out about MANY other means of obtaining a non-immigrant visa to the U.S., by contacting us today to arrange a consultation.
