Non-Immigrant Visas

Nonimmigrant visas (temporary) are available for people entering the United States for a limited period of time and for a specific purpose. In most cases, people applying for nonimmigrant visas must demonstrate that they intend to leave the United States when their visa expires and that they do not intend to immigrate. However, people who qualify for H-1B (professional worker), L-1 (intracompany transfers) visas, and possibly E-2 investor visas are exempted from this requirement.

Although nonimmigrant visas are considered temporary, many of them are available for a number of years. Unlike immigrant visas, most nonimmigrant visas are not subject to any numerical limits.

There are a large number of categories of nonimmigrant visas lettered A through V which are listed below. Each category has specific rules and options for its issuance. Therefore, it is advisable to contact my office to determine the best strategy for entering the United States.

A Visas -Diplomatic Personnel

B Visas -Temporary Visitors for Business and Pleasure

C Visas -Continuous Transit

D Visas -Crewmen

E Visas -Treaty Traders and Investors

F Visas -Students

G Visas -International Organization Representatives

H Visas -Temporary Workers and Trainees

I Visas -Foreign Media Representatives

J Visas -Exchange Visitors

K Visas -Fiance(e)s of U.S. Citizens

L Visas -Intra-Company Transferees

M Visas -Non-Academic Students

N Visas -Children of Certain Special Immigrants

O Visas -Aliens with Extraordinary Ability in the Arts, Sciences, Education, Business, or Athletics and their Support Team

P Visas -Internationally recognized entertainers and athletes as individuals or as members of group

Q Visas -Cultural Exchange Visitors

R Visas -Religious Workers

S Visas -Providing information or other assistance to U.S. law enforcement agencies

T Visas - Women and Children victims of trafficking

V Visas - Certain family members of LPRs waiting 3 years or more for green card and filing before 12/21/2000

One Option for Immigration to the US is the K Visas--for Fiancé(e)s of US Citizens

K visas are available for fiancé(e)s of US Citizens who will be married within 90 days of arrival in the United States. The requirements for obtaining K visa at a US Embassy or Consulate are very similar to the procedure involved in obtaining immigrant visas based on marriage. K visa holders have automatic work authorization upon arrival in the U.S.

My office handles K visas as well as subsequent family-based application packets when your fiancé(e) arrives with an overall lower combined package fee.

H Visas - Non-immigrant Labor

H-1B visas are available for foreign laborers who are sponsored by an employer to work in the US in a specialized occupation or profession. The BCIS considers three general factors to determine whether a proposed job is in a specialty occupation or profession:

whether a bachelor's or advanced degree is required to perform the job duties;

whether the degree requirement is common in the industry for the position;

whether the employer normally requires a degree or specialized experience for the position.

If it is determined that the job is in a specialty occupation or profession, the employer must prove that the person to whom the job is offered has the necessary education and/or experience. If licensure is required, the employee must also be able to qualify for a license in the state he intends to work.

The employer must pay the employee at least 95% of the prevailing wage for the occupation. The prevailing wage is determined either by requesting it from the State Department of Labor where the employee will work or by using published wage surveys for the occupation in the geographic area of employment.

Before an H-1B visa can be granted, the employer must file a Labor Condition Application with the Department of Labor, attesting that he is offering at least the actual or prevailing wage paid to similar employees as well as several other requirements.

H-2 visas are for temporary agricultural (H-2A) and temporary nonagricultural (H-2B) workers coming to the US to fill an employer's temporary need. Employers must file an application for labor certification to demonstrate that there are no US citizens or permanent residents available for the position.

H-3 visas are for available for foreigners coming to the US to receive training which is not available in his home country. Such training may not be for the purpose of obtaining a job in the US and the training program must meet several conditions to be approved.

H-4 visas are available for spouses of H-1, H-2, H-3 visa holders. As such. H-4 visa holders may not work in the United States.

F Visas - Students available for those intending to be full-time students at a US academic institution or language training program. The academic institution, whether it be a college, high school, elementary school, or language training program, must be approved by the BCIS. An F-1 visa applicant must show acceptance by the school or program and prove they can afford to attend the school and provide their own living expenses.

A person with a F-1 visa is allowed to work on campus for up to 20 hours per week while attending school. After attending school for one academic year, an F-1 student may work off-campus, but this employment is limited by restrictions set by the INS. After graduation, one year of practical training is available under certain circumstances. However, in particular situations employment before graduation will be counted against the one year practical training. F-2 visa holders (spouses and children of foreign students,) are not allowed to seek employment.

A relatively recent change severely restricts F-1 visas issued to students at public high schools and elementary schools. Students seeking to attend a public high school are limited to one year of attendance and the foreign high school student must reimburse the school for the full-unsubsidized costs of the student's education.

These above changes do not apply to minors in other statuses (i.e., H-4, R-2, L-2) who are attending public schools or to foreign college and university students.

F-1 students often change their status to H-1B professional workers when they are finished with school. Click here for more information on H-1B visas. After that, many are sponsored by their H-1B employers for permanent residence (a "green card") in the United States.