A-1/A-2 Diplomatic Visas

For: Ambassadors, public ministers or career diplomats/officers.

Purpose: Travel to the United States on behalf of a national government to engage solely in official activities for that government.

Limitations: The particular duties or services to be performed must also be of an inherently governmental character or nature. Government officials traveling to the United States to perform non-governmental functions of a commercial nature or traveling as tourists require the appropriate H, L or B visa, or if qualified, travel visa free under the Visa Waiver Program; they do not qualify for diplomatic visas.

Application: You apply for an A-1/A-2 visa in your original country before you come to the U.S.

Renewable: Yes.

Dependents: Eligible for derivative A-1/A-2 status.

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B-1 Business Visitor Visa

For: Business visitors

Purpose: Unless eligible to travel visa free under the Visa Waiver Program, travelers seeking admission into the United States to conduct business require valid B-1 visas.

Limitations: The definition of "business" in this instance is limited, and does not generally allow for gainful employment or productive activity such as operating a business or consultancy work. Specifically, in the applicable U.S. law the term "business" is limited to the negotiation of contracts, consultation with business associates, litigation, and participation in scientific, educational, professional or business conventions, conferences or seminars and other legitimate activities of a commercial or professional nature.

Application: You apply for a B-1 visa in your original country before you come to the U.S.

Admission period: Eligible for up to six (6) months per calendar year, though applicants for admission are generally provided valid status for the length of time required to complete the stated business visit.

Renewable: Yes.

Dependents: Each individual must make a separate application.

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B-2 Tourist Visa

For: Visitors for Pleasure

Purpose: Unless eligible to travel visa free under the Visa Waiver Program, travelers entering the U.S. to engage in legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment and activities of a fraternal, social or service nature require a B-2 visa.

Limitations: Employment is not permitted even where only remuneration is room, board and pocket change.

Application: You apply for a B-2 visa in your original country before you come to the U.S.

Admission period: Eligible for up to six (6) months per calendar year, though applicants for admission are generally provided valid status for the length of time required to complete the stated visit.

Renewable: Yes.

Dependents: Each individual must make a separate application.

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C-1/D Crew Visas

For: Crewmembers of international airlines or water vessels.

Purpose: Individuals entering the U.S. during the normal operation and service of an air or water vessel.

Limitations: If alien wishes remain in the United States for a holiday after the period of employment, he or she must make an application for admission as a visitor on a B-2 visa unless entering the U.S. aboard a cruise liner which participates in the visa waiver program.

Application: You apply for a C-1/D visa in your original country before you come to the U.S.

Renewable: Yes.

Dependents: Dependents of crewmen (D) visa holders who are accompanying the alien to the U.S. may be eligible for B-2 visas.

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E-1 Treaty Trader

For: Persons wishing to trade with a company in the U.S.

Purpose: A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country.

Limitations:

The applicant must be a national of a treaty country;

The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify; and

The applicant intends to depart the United States when the E-1 status terminates.

Application: You must have your a treaty eligible company apply for you.

Renewable: Yes, but this visa is not a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

Spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS), upon admission to the United States.

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E-2 Treaty Investor Visa

For: Persons wishing to invest in a company in the U.S

Purpose: A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital.

Limitations:

The investor, either a real or corporate person, must be a national of a treaty country;

The applicant has invested or is in the process of investing (see 9 FAM 41.51);

The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; and

The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

The applicant is in a position to "develop and direct" the enterprise;

If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify; and

Applicant intends to depart the United States when the E2 status terminates.

Renewable: Yes, but this visa is not a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

Spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS), upon admission to the United States.

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E-3 Australian Specialty Occupation Visa

For: Australian professionals.

Purpose: The E-3 is only for Australians going to the U.S. to work temporarily in a specialty occupation. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.

Limitations: Cannot work for another company in current E-3 status. There will be a maximum of 10,500 E-3 visas issued annually during each fiscal year, which runs from October 1st to September 30. Spouses and children of applicants do not count against the quota, neither do applicants extending their E-3 visas within the U.S. and working for the same employer.

Application: You cannot apply for this visa by yourself. You must have your eligible company apply for you at a U.S. Consulate or a Change of Status application if the applicant is already in the United States.

Renewable: Yes.

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

Spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS), upon admission to the United States.

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F-1 Student Visa

For: Individuals wishing to attend a university or other academic institution in the United States.

Purpose: Pursuing a full course of study at an established institution of learning or other recognized place of study in the United States, and has no intention of abandoning his/her foreign residence.

Limitations: Only allowed to study at an institution particularly designated by him/her and approved by the Attorney General of the United States, and applied for by the educational institution. "Off-campus" employment is prohibited during the first academic year (i.e. first 9 months). Student I-20 Form must by signed by a school official (Foreign Student Advisor) prior to departure to the United States.

Special: After the first school year, off-campus employment is permitted only for 20 hours/week and as part of Practical Training (Curricular or Optional) as approved by the U.S. CIS and the educational institution. On-campus employment is permitted during the first school year but limited to 20 hours/week and as long as it will not displace U.S. citizens or residents.

Application: You cannot apply for this visa by yourself. You must have an educational institution issue a Certification of Eligibility (I-20) Form for you.

Validity: Duration of Stay - as long as the foreign student maintains his/her status in the U.S. (i.e. fulltime enrollment in classes and no unauthorized employment)

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative F-2 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2 visas), or if qualified, travel visa free under the Visa Waiver Program.

There is no requirement that the spouse and/or children of an F-1 visa holder apply for an F-1 visa if they wish to study in the U.S. They may study on an F-2. However, if they are qualified, they may apply for the F-1 visa.

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H-1B Specialty Occupation Worker Visa

For: Individuals coming to the United States to perform services in a prearranged professional job

Purpose: Person in a specialty occupation, coming to the United States temporarily to work for a U.S. employer, providing theoretical and practical application of highly specialized knowledge in an occupation requiring a minimum of a Bachelor's Degree or its equivalent. H-1B Petition is initially approved for a maximum of 3 years; a total of 6 years allowed in H-1B status.

Limitations: Must work for the company that sponsored you.

Special: There is a cap of 195,000 H-1B visas per governmental fiscal year H-1B Petition requires completion of a degree (minimum Bachelor's degree); and a professional license if required in the field of employment.

Application: You cannot apply for this visa by yourself. You must have a U.S. company apply for you. If you need assistance with this, please consult a lawyer. If you wish us to be your lawyer, you can find information on how to contact us here.

Validity: Initially, six years. Exceptions may apply.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas.

The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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H-2 Temporary Worker Visa - Skilled and Unskilled Workers

Description: Required by an employee who is coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition form I-129H, with the USCIS Service Center, the employer is required to obtain from the Department of Labor, a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.

Application: You cannot apply for this visa by yourself. You must have a U.S. company apply for you. If you need assistance with this, please consult a lawyer. If you wish us to be your lawyer, you can find information on how to contact us here.

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H-3 Trainee Visa

Description: H-3 (trainee) is required by a trainee who is coming to the United States to receive training from an employer in any field of endeavor, other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual’s home country. The employer is required to file a petition, form I-129H, with the USCIS Service Center to gain approval for the training.

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The J-1 Exchange Visitor Visa

Description: Persons entering the United States in an exchange visitor program that has been designated by the U.S. Department of State (formerly the Information Agency or USIA), and whose participation includes such purposes as teaching, studying, observing, conducting research, consulting, or receiving training (for example: students to do post-graduate work, scholars doing research, graduate medical students, trainees, au pairs).

Limitations: Work within the exchange visitor program only. Change of employer is very hard to obtain, especially for trainees.

Special: Certain J visa holders are subject to a requirement that they must return to their home country or country of last residence for two years upon completion of their training in the United States, and are not eligible for nonimmigrant (except A and G) and immigrant visas until they fulfill this requirement. Waivers for the two-year limitation of stay can be applied for in certain cases.

Application: You cannot apply for this visa by yourself. You must have an exchange visitor program that has been designated by the U.S. Department of State (formerly the Information Agency or USIA) apply for you.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative J-2 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2 visas), or if qualified, travel visa free under the Visa Waiver Program.

Employment is allowed in J-2 status only with Immigration approval.

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The K-1 Visa for Fiancé(e) of a U.S. Citizen/Spouse and unmarried minor children of U.S. Citizen

Description:

a) Persons who seek to enter the United States solely to conclude a valid marriage with the petitioner (U.S. Citizen fiancé/fiancée) within 90 days of entry into the United States. Minor children of the foreign fiancé(e) can accompany them (K-2).

b) Spouse of U.S. Citizens and their unmarried children under age 21 who are outside the United States awaiting processing of their green card petitions. (*)

Limitations:

a) Must be married within 90 days of entry in to U.S. and must be married to the U.S. Citizen that applied for you.

b) If marriage has taken place abroad, applicant must apply for the visa in the country where the marriage occurred.

Special: Employment authorized.

Application: The U.S. Citizen fiancé(e)/spouse needs to file a petition with the Immigration & Naturalization Service. Upon approval, you may apply for this visa by yourself at the Consulate.

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The L-1A Intracompany Transferee
(Manager/Executive) Visa

Description: Transferee in managerial or executive position; including to manage the organization, department, subdivision, function or component; supervise and control the work of other supervisory, professional or managerial employees; has authority to hire and fire or recommend personnel actions; and exercises discretion over day-to-day operations of the activity or function.

Limitations: Must have been employed abroad with the company related to the U.S. company by common ownership for 1 year in past 3 years in a managerial or executive position.

Special: Does not need approved Labor Certification to apply for employment-based permanent residency ("greencard").

Application: You cannot apply for this visa by yourself. You must have your U.S. company apply for you.

Validity: Seven years.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative L-2 visas.

The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

Spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS), upon admission to the United States.

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The L-1B Intracompany Transferee
(Specialized Knowledge) Visa

Description: Transferee with specialized knowledge, defined as a person who "had special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company."

Limitations: Must have been employed abroad with the company related to the U.S. company by common ownership for 1 year in past 3 years.

Special: Needs approved Labor Certification if applying for employment-based permanent residency ("greencard").

Application: You cannot apply for this visa by yourself. You must have your U.S. company apply for you.

Validity: Five years.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative L-2 visas.

The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

Spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS), upon admission to the United States.

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The M-1 Vocational Student Visa

Description: Person who enters the United States as a student, temporarily and solely for the purpose of pursuing a full course of study at an established institution of learning or other recognized place of study in the United States, and has no intention of abandoning his/her foreign residence.

Limitations: Only allowed to study at an institution particularly designated by him/her and approved by the Attorney General of the United States, and applied for by the educational institution. Student I-20 Form must by signed by school official (Foreign Student Advisor) prior to departure to the United States.

Special: Cannot accept employment except for practical training, and only after completion of study.

Application: You cannot apply for this visa by yourself. You must have an educational institution issue a Certificate of Eligibility (I-20 form) for you. If you need assistance with this, please consult a lawyer. If you wish us to be your lawyer, you can find information on how to contact us here.

Validity: Duration of Stay - As long as the foreign student maintains his/her status in the U.S. (i.e. fulltime enrollment in classes and no unauthorized employment).

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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The O-1 Visa for Temporary Workers with
Extraordinary Ability

Description: Temporary worker with extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim.

Limitations: Visa Holder can only work for the sponsoring company.

Special: Does not need approved Labor Certification to apply for employment-based permanent residency ("greencard").

Application: You cannot apply for this visa by yourself. You must have an U.S. company apply on your behalf.

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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The P-1 Visa for Athletes & Entertainers

Description: Person who performs as an athlete, individually or as part of a group or team at "an internationally recognized level of performance", or a person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, and has had a sustained and substantial relationship with the group over a period of at least one year.

Limitation: Person must stay a part of the group occupation for the duration of the visa.

Application: You cannot apply for this visa by yourself. You must have your team/group or someone apply for you.

Dependents: The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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The Q-1 International Cultural Exchange Program Visa

Description: Person participating in an international cultural exchange program designated by the AG for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the person's nationality. The program applies to an employer who has employees not simply an agent or office and who provides on a regular, continuous, systematic basis goods and/or services, including lectures, seminars and other types of cultural programs. Status cannot exceed 15 months.

Application: You cannot apply for this visa by yourself. You must have an approved U.S. organization apply for you.

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The R-1 Religious Worker Visa

Description: Nonimmigrant Workers, who are ministers, persons working in a professional capacity in a religious vocation, or persons working for a religious organization in a religious vocation or occupation.

Limitations: Can only work for organization that sponsored you.

Application: You cannot apply for this visa by yourself. You must have your U.S. organization apply for you.

Validity: Entry limited to 5 years.

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TN-1 Status - Professional Workers from
Canada under NAFTA

Description: Nonimmigrant worker as defined under the North American Free Trade Agreement (NAFTA).

Limitation: Must work for U.S. company that is sponsoring you.

Special: You cannot apply for this visa without proof of employment/offer of employment from a U.S. employer.

Application: First time applicants must appear at a U.S. Customs and Border Protection port of entry or pre-flight inspection facility to apply. Extensions or amendments may be filed through the U.S. Service Center in Vermont.

Validity: Valid for up to three years, extensions allowed, with no statutory limit on stay.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative TD status.

The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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The TN-2 Visa - Professional Workers from
Mexico under NAFTA

Description: Nonimmigrant worker as defined under the North American Free Trade Agreement (NAFTA).

Limitation: Must work for U.S. company that is sponsoring you.

Special: You cannot apply for this visa without proof of employment/offer of employment from a U.S. employer.

Application: First time applicants outside the United States must appear at a U.S. Consulate in Mexico to apply. Extensions or amendments may be filed through the U.S. Service Center in Vermont.

Validity: Valid for up to three years, extensions allowed, with no statutory limit on stay.

Dependents: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative TD visas.

The dependent must make a separate visa application, which involves most of the same steps as the principal applicant's application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant's visa is issued. Proof of relationship to the principal applicant must be provided via marriage certificate for spouses, and birth certificates for children.

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