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.
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