Tuesday, October 07, 2008

Site Menu

Recent Immigration News

Home > Articles

Commonly Used Non-Immigrant Business Visas

We hope that the following summary of commonly used non-immigrant business visas and other non-immigrant visa categories, will prove to be a useful reference tool. There may be additional restrictions to issuance of the visas described below. Please contact us if we can be of further assistance. Compliments of Davidson & Schiller, LLC, Attorneys at Law.

B-1 -- The B nonimmigrant visa category includes visitors for business (B-1) and pleasure (B-2). As a general rule, visits to the U.S. on a B-2 visa involve tourist activities and visiting family, while B-1 business visas are granted for activities such as sales calls, visits with clients, annual meetings and conferences. B-1 business visitors are generally granted the period of time necessary to conduct their business. It is important to note that visits on a B-1 visa must be temporary, cannot involve productive employment, and any payment must be from abroad. B-2 visitors are generally given a period of entry of 6 months.

Visa Pilot Program -- B nonimmigrant visas are not required for nationals of foreign states which have a reciprocal agreement with the United States. This program, however, is very restrictive and entries cannot exceed 90 days. *Note: entrants under this category are generally prohibited from extending or adjusting status to that of any other immigrant or non-immigrant classification unless they qualify under the immediate relative visa category.

E -- The E visa provides reciprocal benefits to nationals of certain countries who invest in the U.S. or conduct trade between the U.S. and country of citizenship. This visa is used by business owners, managers, and skilled employees who need to remain in the U.S. for extended periods of time to oversee or work in commercial enterprises engaged in trade between the U.S. and a foreign country, or which represent a major investment in the U.S.. Although the E visa may be valid for up to 5 years, an initial period of 1 year is granted at the port-of-entry to persons coming in under the E category. This period of time can be extended indefinitely in appropriate circumstances.

H -- The H-1B visa category is used by U.S. companies wishing to bring in temporary workers in "specialty occupations". A "specialty occupation" is defined as an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge, and b) attainment of a bachelor's or higher degree in the specific specialty (or equivalent) as a minimum for entry into the occupation in the U.S. Initial admission may be for a maximum period of 3 years, with an extension of up to 3 years. (Total of 6 years)

L -- The L nonimmigrant visa is used to facilitate transfers for multinational companies. L-1 visas are available to persons who have worked abroad for one continuous year within the preceding 3 years in an executive, managerial, or specialized knowledge capacity and who are being transferred temporarily in an executive, managerial, or specialized knowledge capacity to an affiliated U.S. company which is a branch, affiliate, parent, or subsidiary of the foreign company. An alien may be admitted to the U.S. in L-1 status for a maximum initial period of 3 years. The total duration of stay may be 7 years for managers and executives and 5 years for specialized knowledge workers.

O -- The O visa includes aliens with "extraordinary abilities" who may apply for temporary admission to the U.S. without a job offer, provided they demonstrate sustained national or international acclaim in the arts, sciences, education, business or athletics and seek entry to work in their area of expertise. The Government must also determine that their entry will result in a substantial benefit to the US. There is no limit to the length of admission for a person under the O visa category. However, an initial period of 3 years is usually the limit to complete the "event" in question.

Other Non-Immigrant Visa Categories

A -- A-1 visas are issued to ambassadors, public ministers, career diplomatic, or consular officers, and members of their immediate families. A-2 visas are issued to other foreign government employees and officials and their family members. A-3 visas are issued to personal employees, attendants and servants of persons holding A-1 and A-2 visas. A-1 and A-2 visas are valid as long as the Secretary of State extends recognition to the holders. A-3 visas are not valid for more than 3 years and can be extended in increments of not more than 2 years.

C -- Aliens in Transit

D -- Crewmembers

F -- F-1 visas are issued to academic students who enter the US temporarily to pursue a full course of study (usually 12 hours or a designated period by an undergraduate school), at an established college, university, seminary, conservatory, or language school. Although the validity of the F-1 visa may vary, students are normally allowed to complete their studies. Generally, a student will have to present documentation of: 1) sufficient funds to support self; and 2) maintenance of a residence abroad to which there is an intent to return after studies.

G -- International Organization Representatives

I -- Foreign Media Representatives

J -- The J visa is issued to exchange program visitors accepted to participate in programs designated by the United States Information Agency (USIA). J-1 non-immigrants include scholars, students, trainees, teachers, professors, research assistants, specialists, etc.. The visa's validity depends on the program duration. It should be noted that certain J visa holders must reside in their own country for 2 YEARS after completion of their program before they are eligible for permanent resident status, or for an H or L visa.

K -- The Fiance visa is issued to an individual who is coming to the United States to marry a U.S. citizen within 90 days of his/her entry.

M -- Students in Non-Academic Institutions. This visa category is reserved for vocational or nonacademic students who enter the US temporarily to pursue a full course of study at an established or recognized vocational or non-academic institution.

N -- Parents and Children of Special Immigrants

P -- The P visa category applies to internationally recognized athletes and entertainment groups (P-1); performing artists under the auspices of a reciprocal exchange program (P-2); and culturally unique entertainers (P-3). P-1 petitions for individual athletes may be valid for an initial period of up to 5 years. P-1 petitions for athletic teams or entertainment groups may be valid for the time needed for the competitions, events or performances, not to exceed one year. The same rule applies to P-2 and P-3 petitions.

Q -- The Q visa applies to cultural exchange program participants. The applicant must be coming to the U.S. temporarily (for a period not to exceed 15 months), as a participant in an international cultural exchange program designated by the Attorney General for the purpose of providing practical training, employment and the sharing of the history, culture, and traditions of the country of the visitor's nationality and who will be employed under the same wages and conditions as U.S. domestic workers.

R -- The R visa allows admission to aliens to perform work as ministers of religion in a religious vocation or occupation, or to work in a non-professional religious vocation. R nonimmigrants may be admitted for up to 3 years. They are then entitled to a 2 year extension, after which they must remain outside the U.S. for 1 year.

Search Site



Latest Newsletters and Announcements

Articles on Immigration Law