Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel.
B-1 VISA BUSINESS PURPOSE VISA
H-1B SPECIALTY OCCUPATION VISA
L-1 INTRACOMPANY TRANSFEREE VISA
E-1/E-2 TREATY TRADER/INVESTOR VISA
O-1 EXTRAORDINARY ABILITY VISA
B-1 VISA BUSINESS PURPOSE VISA
A B-1 visa is a type of non-immigrant visa that allows individuals to enter the United States for business-related purposes, such as attending business meetings, conferences, and negotiations. To be eligible for a B-1 visa, the applicant must have a valid reason for their business visit to the United States and be able to demonstrate that they have strong ties to their home country that will ensure their departure from the U.S. after their visit. The applicant must complete and submit the DS-160 online application form, which includes personal and travel information.
The applicant must schedule an appointment for an interview at the U.S. embassy or consulate in their home country. At the interview, the applicant will be asked questions about the purpose of their trip, their ties to their home country, and their ability to support themselves during their stay in the U.S. If the application is approved, the applicant will receive their B-1 visa, which will indicate the length of their authorized stay in the U.S. and the number of entries they are allowed.
It is important to note that the B-2 / B-1 visa process can be complex, and the requirements can vary depending on the applicant’s country of origin and individual circumstances. It is recommended to consult with an experienced immigration attorney to ensure that all requirements are met and to maximize the chances of a successful application.
B-2 TOURIST VISA
A B-2 visa is a type of non-immigrant visa that allows individuals to enter the United States for tourism, vacation, medical treatment, or other temporary purposes. To be eligible for a B-2 visa, the applicant must have a valid reason for their visit to the United States and be able to demonstrate that they have strong ties to their home country that will ensure their departure from the U.S. after their visit. The applicant must complete and submit the DS-160 online application form, which includes personal and travel information. The applicant will then be scheduled for an interview appointment at the U.S. embassy or consulate in their home country. At the interview, the applicant will be asked questions about the purpose of their trip, their ties to their home country, and their ability to support themselves during their stay in the U.S. If the application is approved, the applicant will receive their B-2 visa, which will indicate the length of their authorized stay in the U.S. and the number of entries they are allowed.
B-2 EXTENSION
If you are in the United States on a B-2 visitor visa and wish to stay longer than the date authorized on your Form I-94 Arrival/Departure Record, you may be eligible to apply for an extension of stay. The first step in the B-2 visa extension process is to determine whether you are eligible to apply for an extension. To be eligible, you must be in the United States on a B-2 visitor visa and be able to demonstrate that you have a legitimate reason for needing to stay longer, such as medical treatment, business or personal obligations, or tourism. You must apply to extend or change nonimmigrant status with the U.S. Citizenship and Immigration Services (USCIS) before your authorized stay on Form I-94 expires. You must provide supporting documentation to demonstrate why you need to stay longer in the United States.
If your application is approved, the USCIS will issue a new Form I-94 with an extended expiration date.
F-1 STUDENT VISA
The F-1 visa is a non-immigrant student visa that allows foreign nationals to study in the United States at accredited colleges, universities, and other academic institutions. Before applying for an F-1 visa, you need to apply to and be accepted by an accredited institution in the United States. Once accepted, the institution will issue you a Form I-20, which is a certificate of eligibility for nonimmigrant student status.
The next step is to complete the DS-160 form online, which is the application for a nonimmigrant visa. After completing the DS-160 form, you must schedule an interview at the U.S. embassy or consulate in your home country.
If your visa is approved, it will be stamped in your passport, and you can enter the United States up to 30 days before your program start date. If your visa is denied, the embassy or consulate will provide you with a reason for the denial.
If you are already in the United States, you must apply to extend nonimmigrant status with the U.S. Citizenship and Immigration Services (USCIS) before your authorized stay on Form I-94 expires. If the application is approved, your status will be changed.
Overall, the F-1 visa process can take several months, so it’s important to plan and allow plenty of time to complete all of the necessary steps.
J-1 EXCHANGE VISITOR VISA
The J-1 Exchange Visitor Visa is a non-immigrant visa that allows foreign nationals to come to the United States for educational and cultural exchange programs. The J-1 program is designed to promote cross-cultural understanding and international cooperation by allowing participants to learn about American culture, share their own culture, and develop professional skills.
The J-1 Exchange Visitor Visa process involves the following steps: The applicant must apply to a designated J-1 program sponsor, which can be a government agency, educational institution, or non-profit organization. The program sponsor will issue a Certificate of Eligibility for Exchange Visitor (J-1) Status.
The applicant must complete and submit the DS-160 online application form, which includes personal and travel information. The applicant will be scheduled for an interview appointment at the U.S. embassy or consulate in their home country. At the interview, the applicant will be asked questions about the purpose of their trip, their ties to their home country, and their ability to support themselves during their stay in the U.S. If the application is approved, the applicant will receive their J-1 visa, which will indicate the length of their authorized stay in the U.S. and the program sponsor.
During their stay in the U.S., J-1 exchange visitors must comply with the program requirements, which may include participating in cultural exchange activities, maintaining health insurance coverage, and returning to their home country for some time before returning to the U.S.
It is important to note that the J-1 Exchange Visitor Visa process can be complex, and the requirements can vary depending on the program sponsor and individual circumstances. It is recommended to consult with an experienced immigration attorney to ensure that all requirements are met and to maximize the chances of a successful application.
H-1B SPECIALTY OCCUPATION VISA
The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States temporarily. Here is an overview of the H-1B visa process: The first step in the H-1B visa process is to find a U.S. employer who is willing to sponsor your visa application. The employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) and obtain approval before filing an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). The employer must file an H-1B petition on behalf of the foreign worker with the USCIS. The petition must include documentation showing that the employer and the foreign worker meet the eligibility requirements for the H-1B visa, such as the foreign worker’s education, experience, and qualifications.
If the petition is approved, the USCIS will issue an approval notice, and the employer can proceed with the visa application process. Once the H-1B petition is approved, the foreign worker can apply for an H-1B visa at a U.S. embassy or consulate in their home country. The foreign worker must provide documentation to show that they meet the eligibility requirements for the visa. The H-1B visa is typically valid for three years, with the option to extend it for up to six years.
It is important to note that the H-1B visa process can be complex and time-consuming, and there is a cap on the number of H-1B visas that are issued each year. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
L-1 INTRACOMPANY TRANSFEREE VISA
The L-1 intracompany transferee visa is a nonimmigrant visa that allows multinational companies to transfer certain employees from their foreign offices to work in their U.S. offices. To qualify for the L-1 visa, the foreign employee must have worked for the same company for at least one continuous year within the past three years in a managerial, executive, or specialized knowledge role.
The L-1 visa is intended to facilitate the transfer of employees within multinational companies to help support and expand their U.S. operations. The visa may be issued for a period of up to three years for employees in specialized knowledge roles and up to seven years for managers and executives.
To apply for an L-1 visa, the U.S. employer must first file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign employee. The petition must demonstrate that the employee meets the eligibility criteria for the L-1 visa and that the transfer is necessary to support the U.S. operations of the multinational company. Once the petition is approved, the foreign employee may apply for an L-1 visa at a U.S. embassy or consulate in their home country. The visa application will require additional documentation, such as proof of employment, proof of the relationship between the foreign and U.S. companies, and proof of the employee’s qualifications. Upon entry to the U.S., the L-1 visa holder may work only for the U.S. employer that filed the petition. The L-1 visa holder’s spouse and unmarried children under the age of 21 may also apply for L-2 visas, which allow them to accompany the L-1 visa holder to the U.S. and attend school or apply for employment authorization.
It is recommended to consult with an experienced immigration attorney to ensure that all requirements are met and to maximize the chances of a successful application.
E-1/E-2 TREATY TRADER/INVESTOR VISA
The E-2 visa is a non-immigrant visa that allows foreign nationals to come to the United States to invest in and operate a business. Here is a general overview of the E-2 investment visa process:
To be eligible for the E-2 visa, you must invest a substantial amount of money in a bona fide enterprise in the United States. There is no specific minimum investment amount required, but it should be substantial enough to ensure the success of the enterprise. The investment must also be at risk, meaning that there is a chance of losing the invested funds. The E-2 visa is only available to citizens of countries that have a qualifying treaty with the United States. You must be a national of one of these countries to be eligible for the E-2 visa.
You must submit a detailed business plan that outlines the nature of the investment, the amount of funds that will be invested, and how the investment will create jobs and contribute to the U.S. economy. You must form a U.S. company, either as a sole proprietorship, partnership, LLC or corporation. Once you have the necessary documentation, you can apply for the E-2 visa at the U.S. embassy or consulate in your home country. You will need to provide documentation demonstrating that you meet the eligibility requirements for the visa.
You will be required to attend an interview at the embassy or consulate as part of the visa application process. If your application is approved, you will be issued an E-2 visa, which will allow you to enter the United States and begin operating your business.
The E-2 visa is initially granted for up to two years, but it can be extended indefinitely as long as the business continues to meet the eligibility requirements. It is important to note that the E-2 visa is a non-immigrant visa, which means that it does not lead to permanent residency in the United States. However, it can be a stepping stone towards obtaining other types of visas or even a green card.
O-1 EXTRAORDINARY ABILITY VISA
The O-1 visa is a non-immigrant visa that allows individuals with extraordinary ability in the arts, sciences, education, business, or athletics to work temporarily in the United States. The first step in the O-1 visa process is to determine whether you are eligible for the visa. To be eligible, you must demonstrate extraordinary ability in your field, as evidenced by sustained national or international acclaim.
You must obtain a job offer from a U.S. employer in your field of extraordinary ability. The employer must provide a detailed job description and evidence that the position requires your extraordinary abilities.
The applicant will need to prepare the necessary documentation to apply for the O-1 visa. This includes evidence of extraordinary ability, such as awards, publications, and professional memberships, as well as a written advisory opinion from a peer group or expert in your field.
The U.S. employer must file an O-1 petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must include all the required documentation, including the job offer, evidence of your extraordinary ability, and the advisory opinion. If the petition is approved, the USCIS will issue an approval notice, and you can proceed with the visa application process. The applicant can apply for an O-1 visa at a U.S. embassy or consulate in her home country after the O-1 petition is approved by the USCIS.
It is important to note that the O-1 visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
P-1 ATHLETE/ENTERTAINER VISA
The P-1 visa is a temporary visa that allows foreign athletes, entertainers, and members of entertainment groups to enter the United States to perform in a specific event or series of events.
The first step in the P-1 visa process is to determine whether you are eligible for the visa. To be eligible, you must be an athlete or entertainer who is internationally recognized as outstanding in your field or a member of an entertainment group that has been recognized internationally as outstanding in its discipline. You must obtain a job offer from a U.S. employer or sponsor, who will act as your petitioner and submit the P-1 visa application on your behalf. The employer or sponsor must provide a detailed job description and evidence that the event or series of events requires your participation. You will need to prepare the necessary documentation to apply for the P-1 visa. This includes evidence of your international recognition, such as awards, rankings, and media coverage, as well as a written itinerary of the events you will be participating in. The U.S. employer or sponsor must file a P-1 petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). The petition must include all the required documentation, including the job offer, evidence of your international recognition, and the itinerary of events. After the P-1 petition is filed, the USCIS will review the application and make a decision. If the petition is approved, the USCIS will issue an approval notice, and you can proceed with the visa application process. Once the P-1 petition is approved, you can apply for a P-1 visa at a U.S. embassy or consulate in your home country. You will need to provide the required documentation, pay the visa application fee, and attend an interview with a consular officer. If your P-1 visa is approved, you can enter the United States to perform in the event or series of events specified in your itinerary. The P-1 visa is typically valid for the duration of the event or series of events, with the option to extend it for additional periods of up to five years.
It is important to note that the P-1 visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
P-3 VISA ARTIST / ENTERTAINER VISA
The P-3 visa is a temporary visa that allows artists and entertainers to enter the United States to participate in a cultural program that is considered to be culturally unique. The first step in the P-3 visa process is to determine whether you are eligible for the visa. To be eligible, you must be an artist or entertainer who is coming to the United States to participate in a cultural program that is considered to be culturally unique. You must obtain a job offer from a U.S. employer or sponsor, who will act as your petitioner and submit the P-3 visa application on your behalf. The employer or sponsor must provide a detailed job description and evidence that the cultural program is unique and traditional. You will need to prepare the necessary documentation to apply for the P-3 visa. This includes evidence of the cultural program, such as videos, photographs, and descriptions of the program, as well as evidence of your participation in the program, such as your training and experience. The U.S. employer or sponsor must file a P-3 petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). The petition must include all the required documentation, including the job offer, evidence of the cultural program, and evidence of your participation in the program. After the P-3 petition is filed, the USCIS will review the application and make a decision. If the petition is approved, the USCIS will issue an approval notice, and you can proceed with the visa application process.
Once the P-3 petition is approved, you can apply for a P-3 visa at a U.S. embassy or consulate in your home country. You will need to provide the required documentation, pay the visa application fee, and attend an interview with a consular officer.
If your P-3 visa is approved, you can enter the United States to participate in the cultural program specified in your job offer. The P-3 visa is typically valid for the duration of the program, with the option to extend it for additional periods of up to one year.
It is important to note that the P-3 visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
R-1 RELIGIOUS WORKER VISA
The R-1 visa is a non-immigrant visa category that allows foreign nationals who are religious workers to temporarily enter the United States to perform religious duties or work for a nonprofit religious organization.
To qualify for an R-1 visa, the applicant must:
- Be a member of a religious denomination that has a bona fide nonprofit religious organization in the U.S.
- Have been a member of the religious denomination for at least 2 years immediately before the application.
- Be coming to the U.S. to work for a nonprofit religious organization in a religious capacity.
- Be able to provide evidence of their qualifications, such as education or training in their religious field.
The R-1 visa application process involves the following steps: The U.S. nonprofit religious organization must file a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant. The petition must include evidence of the nonprofit religious organization’s tax-exempt status and documentation of the applicant’s religious qualifications and experience. If the application is approved, the applicant will receive their R-1 visa, which will allow them to enter the U.S. and perform religious work for the nonprofit religious organization for a temporary period.
It is important to note that the R-1 visa process can be complex, and the requirements can vary depending on the individual circumstances of the applicant and the religious organization. It is recommended to consult with an experienced immigration attorney to ensure that all requirements are met and to maximize the chances of a successful application.
TN VISA
The TN visa is a non-immigrant visa that allows Canadian and Mexican citizens to work temporarily in the United States in certain professional occupations. Here is an overview of the TN visa process: The first step in the TN visa process is to determine whether you are eligible for the visa. To be eligible, you must be a citizen of Canada or Mexico, have a job offer from a U.S. employer in a qualifying professional occupation, and possess the required qualifications for that occupation. You must obtain a job offer from a U.S. employer in a qualifying professional occupation. The employer must provide a detailed job description and evidence that the position meets the requirements for a TN visa. You will need to prepare the necessary documentation to apply for a TN visa. This includes a letter from the U.S. employer offering you the job, a copy of your educational qualifications and relevant licenses or certifications, and proof of your citizenship. Once you have all the necessary documentation, you can apply for the TN visa at a U.S. embassy or consulate in Canada or Mexico. You will need to provide the required documentation, pay the visa application fee, and attend an interview with a consular officer. If your TN visa is approved, you can enter the United States to work for a U.S. employer. The TN visa is valid for up to three years, with the option to extend it for additional periods of up to three years.
It is important to note that the TN visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
U VISA
The U visa is a nonimmigrant visa that allows victims of certain crimes who are in the United States to remain in the country for up to four years and potentially apply for permanent residency. Here is an overview of the U.S. visa process:
The first step in the U.S. visa process is to determine whether you are eligible for the visa. To be eligible, you must have been a victim of a qualifying crime in the United States and have suffered substantial physical or mental abuse as a result.
The applicant must also have information about the crime and be willing to cooperate with law enforcement in the investigation and prosecution of the crime. The applicant must be issued a certification from a law enforcement agency, prosecutor, or judge verifying that you have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
The necessary documentation to apply for the U visa includes evidence of the qualifying crime, certification from law enforcement, and any other supporting documentation. The applicant must file a U visa petition on Form I-918 with the U.S. Citizenship and Immigration Services (USCIS). The petition must include all the required documentation, including a certification from law enforcement. If the petition is approved, the USCIS will issue a U visa and a work permit. If you are in the United States when your U visa is approved, you can apply for an adjustment of status to permanent residency. If you are outside the United States, you can apply for a U.S. visa at a U.S. embassy or consulate.
It is important to note that the U.S. visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process. Additionally, there is a cap on the number of U visas that can be issued each year, so there may be a waiting period before you can apply.
VAWA
VAWA stands for the Violence Against Women Act, which is a federal law that was first enacted in 1994 and has been reauthorized several times since then. The law was created to provide legal protection and resources to victims of domestic violence, sexual assault, stalking, and other forms of gender-based violence.
The Violence Against Women Act (VAWA) protects victims of domestic violence, including spouses and children of U.S. citizens or permanent residents. Here is an overview of the VAWA process. The first step in the VAWA process is to determine whether you are eligible for protection under VAWA. To be eligible, you must be a spouse or child of a U.S. citizen or permanent resident who has subjected you to extreme cruelty or battery. You must also have resided with the abuser at some point in time.
The applicant will need to prepare the necessary documentation to apply for protection under VAWA. This includes evidence of the abuse, such as police reports, medical records, and affidavits from witnesses, as well as evidence of the relationship between you and the abuser.
The applicant can file a VAWA self-petition with the U.S. Citizenship and Immigration Services (USCIS) to seek protection under VAWA. The petition must include all the required documentation, including evidence of the abuse and evidence of the relationship between you and the abuser. If the petition is approved, you will be granted protection under VAWA, and you may be eligible to apply for adjustment of status to permanent residency.
It is important to note that the VAWA process can be complex, and there are specific requirements that must be met to qualify for protection under VAWA. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process. Additionally, it is important to remember that VAWA protection is available to all genders and sexual orientations, not just women, despite its name.