TYPES OF VISA

Different Visa Types
There are several visas that a foreign national
may apply for to be lawfully admitted into the
United States, either temporarily or permanently.
A few of the commonly utilized visa categories
are outlined below. This information is meant as
an overview and is not in any way a detailed
analysis of United States immigration law.
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Temporary Visas
B-1/B-2 Tourist/Visitor Visas
Available to all visitors coming to the U.S for
business or pleasure. B-1 business visitor visas
are for a short duration and must not involve
local employment. Nationals of certain countries
may be eligible to visit the US for up to 90 days
without obtaining a visa.
E-1/E-2 Treaty and Investor Visas
Investors and traders and their employees may
receive visas to carry on their businesses in the
US if their home country has a commercial
treaty with the US conferring visa eligibility.
F-1 and M-1 Student Visas
Persons seeking to pursue a full course of study
at a school in the United States may be eligible
for a visa for the course of their study plus, in
some cases, a period for practical training in
their field of study.
H-1B Specialty Occupation (Professionals) Visas
Professional workers with at least a bachelor's
degree (or its equivalent work experience) may
be eligible for a non-immigrant visa if their
employers can demonstrate that they are to be
paid at least the prevailing wage for the position.
J-1 and Q-1 Exchange Visitor Visas
Persons coming to the US in an approved
exchange program may be eligible for the J-1
Exchange Visitor's visa. J-1 programs often
cover students, short-term scholars, business
trainees, teachers, professors and research
scholars, specialists, international visitors,
government visitors, camp counselors and au
pairs. In some cases, participation in a J-1
program will be coupled with the requirement
that the beneficiary spend at least two years
outside of the US before being permitted to
switch to a different nonimmigrant visa or to
permanent residency. We regularly handle the
application process for seeking a waiver to the
home residency requirement that applies to
many J-1 visa holders.
K-1 Fiance(e) Visas
A Fiance(e) of a US citizen is eligible for a non-
immigrant visa conditioned on the conclusion of
the marriage within 90 days.
L-1 Intracompany Transfer Visas
L-1 visas are available to executives, mangers
and specialized knowledge employees
transferring to their employer's U.S. affiliate.
Executives and managers holding L-1 visas may
be eligible for permanent residency without the
need to a labor certification.
O-1 Extraordinary Ability Worker Visas
The O-1 category is set aside for foreign
nationals with extraordinary ability. This includes
entertainers, athletes, scientists, and
businesspersons.
P-1 Artists and Athletes Visas
This category covers athletes, artists and
entertainers.
R-1 Religious Worker Visas
Religious workers may be eligible for an R-1 visa.
TC and TN NAFTA and US-Canada Free Trade
Agreement Visas
A special visa category has been set up for
nationals of Canada and Mexico under the
provisions of the North American Free Trade
Agreement and the U.S.-Canada Free Trade
Agreement.
Permanent Residency Visas ("Green Cards")
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Family Sponsored Immigration Visas
U.S. citizens may petition for spouses, parents,
children and siblings. Permanent residents may
petition for spouses and children.
Employer-Sponsored Immigrant Visas:
EB-1 Foreign Nationals of Extraordinary
Ability, Outstanding Professors and
Researchers and Multinational Executives
and Managers
Individuals in this category can petition
for permanent residency without having to
go through the time consuming labor
certification process.
EB-2 Workers with Advanced Degrees or
Exceptional Ability in the Sciences, Arts
or Business
Visa holders in this category normally
must have a job offer and the potential
employer must complete the labor
certification process. The labor
certification involves a testing of the job
market to demonstrate that the potential
visa holder is not taking a job away from
a U.S. worker. In cases where an
individual can show that his entry is in
the national interest, the job offer and
labor certification requirements can be
waived.
EB-3 Skilled Workers and Professionals
Visa holders in this category normally
must have a job offer and the potential
employer must complete the labor
certification process.
EB-4 Special Immigrant Visas for
Religious Workers
Ministers of religion are eligible for
permanent residency.
EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act,
Congress has set aside up to 10,000 visas
per year for alien investors in new
commercial enterprises who create
employment for ten individuals. There are
two groups of investors under the
program - those who invest at least
$500,000 in "targeted employment
areas" (rural areas or areas experiencing
unemployment of at least 150% of the
national average rate) and those who
invest $1,000,000 anywhere else. No
fewer than 3,000 of the annual allotment
of visas must go to targeted employment
areas.
DV-1 Visas (the "Green Card Lottery")
55,000 visas are annually allotted in a random
drawing to individuals from nations
underrepresented in the total immigrant pool.
Other Statuses
Refugee and Asylum Applications
Persons with a well-founded fear of persecution
on account of race, religion, nationality,
membership in a particular social group, or
political opinion may be eligible to apply for
asylum or refugee status in the U.S.
Temporary Protected Status
Granted to individuals from selected countries
which the U.S. currently recognizes as unsafe.
Allows individuals to remain in the U.S. for the
duration of their status. Subject to a periodic INS
review. Does not lead to a visa.
TN Status
Allows certain Mexican and Canadian workers to
avoid the visa application process by proceeding
directly to a U.S. port of entry and presenting
the necessary documents.
A green card, also known as an I-551 form
(formerly I-151), entitles you to live and work
legally inside the U.S. as a permanent resident.
It provides you with proof of name and identity
to enable you to apply for a driver's license, take
out loans, establish a bank account, etc.
Travel Limitations and Citizenship: As a green
card holder, you may travel outside the U.S. and
return as long as you maintain their primary
residence in the U.S. If you wish to become a
U.S. citizen, you must normally wait at least 5
years from the date you receive your green card,
unless you are married to a U.S. citizen. More
than six months of travel outside the U.S. may
erase the time counted toward your eligibility for
citizenship.
Renewal: A green card is renewable after ten
years.

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