Nonimmigrant Visas

If you wish to come to the U.S. for a temporary period of time, a nonimmigrant visa allows you to ask to be admitted at the port of entry for a specific purpose. The visa type will determine the duration and the purpose of your stay, such as work, school, visit, etc. (e.g. admission on a B-2 visitor/tourist visa will generally not exceed 6 months).

A nonimmigrant visa differs from an immigrant visa in that the former only allows entry for a temporary stay in the U.S., whereas an immigrant visa permits to holder to enter and stay in the U.S. permanently.

Persons admitted to the U.S. on one type of visa often can change their visa status to another type of visa that may enable them to stay longer or do things other than the initial visa allowed. For instance, a student admitted to the U.S. for study at an academic institution may, upon completion of his/her studies change visa status to an employer-sponsored nonimmigrant visa that authorizes employment. Also, many types of nonimmigrant visas may be extended allowing the bearer to prolong his/her stay in the U.S.

All nonimmigrant visas have restrictions and the extension or change of status process can, at times, be confusing. Our firm can make it much easier to determine the visa category that is right for you and can assist with changing status from one category to another. In certain nonimmigrant visa cases we can also obtain legal status and even work authorization for your dependent family members.

Some of the most commonly used temporary nonimmigrant visa categories that are employment authorized are:

H1-B Visa for Specialty Occupations

This visa allows a foreign national to work in the U.S. on a temporary basis for a specific employer, at a particular location, in a specialty occupation (one which requires theoretical and practical application of a body of specialized knowledge and a bachelor’s or higher degree in the specialty). Occupations in architecture, engineering, math, the sciences, education, business, accounting, and law are a few examples of such occupations. Current law limits H-1B visa numbers to 65,000 annually, but 20,000 additional H-1B slots are set-aside for graduates of U.S. master’s degree (or higher) programs.

L-1 Visas for Intra-Company Transferees

Multinational companies can transfer executive/managerial level personnel or personnel with specialized knowledge from their foreign offices, parent or subsidiary companies to their U.S. operations. Dependents of L-1 visa holders have the benefit of working in the U.S. with employment authorization from CIS.

E-1 Visas for Treaty Country Traders

This visa allows nationals of countries with an appropriate treaty with the U.S. to come to the States for purposes of carrying on substantial trade between the two countries.

E-2 Visas for US Treaty Country Investors

If you are a national of a country that has an appropriate treaty with the U.S. and are coming to the U.S. to run an enterprise in which you are invested, you may qualify for an E-2 treaty investor visa. If you are an employee of a treaty trader investor company you may also qualify for an E-2 visa if your job duties in the U.S. will be executive/ managerial or you have special skills that are essential to the business.

O-1 Visas for Persons of Extraordinary Ability

Highly talented or acclaimed individuals may be eligible for an O nonimmigrant visa if they can document their achievements and demonstrate that they have risen to the top of their field of endeavor. Persons who may qualify for this visa include physicians, scientists, highly accomplished businesspersons, and athletes.

TN Visas for Professionals Pursuant to Trade NAFTA

These visas are limited to Canadian and Mexican citizens under the terms of the NAFTA agreement. If you have a U.S. job offer for temporary employment in one of the 63 listed professions in the NAFTA agreement you may qualify for a TN visa.

R-1 for Religious Workers

The R-1 visa permits members of bona fide religious organizations to come to the U.S. to carry on religious work for the religious entity.

H-2B for Seasonal and Temporary

Employers may process H-2B nonimmigrant visas for foreign workers to come to the U.S. for temporary non-agricultural work on a one-time, seasonal, peakload or intermittent basis. As a pre-requisite to the visa, employers must test the labor market and the Department of Labor must certify the unavailability of U.S. workers to fill positions.

Find out about obtaining the above nonimmigrant visas and other nonimmigrant visas by contacting us to speak with any attorney.