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B-2 Temporary Tourism Visitor

You may be eligible for a B-2 visa if you will be in the United States for the following reasons (including, but not limited to):

• Tourism

• Vacation (holiday)

• Visit with friends or relatives

• Medical treatment

• Participation in social events hosted by fraternal, social, or service organizations

• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating

• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

B-1 Temporary Business Visitor

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

• Consulting with business associates

• Traveling for a scientific, educational, professional or business convention, or a conference on specific dates

• Settling an estate

• Negotiating a contract

• Participating in short-term training

WB Temporary Business Visitor under Visa Waiver Program

The Visa Waiver Program (VWP) enables nationals of 35 participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Nationals of VWP countries must meet eligibility requirements to travel without a visa on the VWP. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) before travelling. Travelers are screened at the port of entry into the United States and are enrolled in the Department of Homeland Security’s US-VISIT program.

• Transiting through the United States: certain persons may transit the United States with a B-1 visa

• Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

• J-1; Trainee Visa

  • F-1; Student Visa (Academic Student)

    • M-1; Student Visa (Vocational Student)

J-1; Trainee Visa

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to:

• Professors or scholars

• Research assistants

• Students

• Trainees

• Teachers

• Specialists

• Au Pairs

• Camp counselors

F-1; Student Visa (Academic Student) / M-1; Student Visa (Vocational Student)

If you would like to study as a full-time student in the United States, you will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

• You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an "academic" educational program, a language-training program, or a vocational program

• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement

• You must be enrolled as a full-time student at the institution

• You must be proficient in English or be enrolled in courses leading to English proficiency

• You must have sufficient funds available for self-support during the entire proposed course of study

• You must maintain a residence abroad which you have no intention of giving up.

F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

• Curricular Practical Training (CPT)

• Optional Practical Training (OPT) (pre-completion or post-completion)

• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

• Severe economic hardship

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus training employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Naturalization

is the process to become a U.S. citizen if you were born outside of the United States. If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To apply for naturalization to become a U.S. citizen, you must:

• Be at least 18 years of age at the time you file the application;

• Have been a lawful permanent resident for the past three or five years (depending on which naturalization category you are applying under);

• Have continuous residence and physical presence in the United States;

• Be able to read, write, and speak basic English;

• Demonstrate good moral character;

• Demonstrate a knowledge and understanding of U.S. history and government;

• Demonstrate a loyalty to the principles of the U.S. Constitution; and

• Be willing to take the Oath of Allegiance.

United States Citizenship and Immigration Services (USCIS)

Check Application Processing Times

Update Your Mailing Address

Department of State (DOS) – Consulate Information

Visa Bulletin (DOS)

DOS – Information on DS-260 (Immigrant Visa Application)

DOS – Information on DS-160 (Non-immigrant Visa Application)

Department of Labor (DOL) – Labor Condition Application for employers

Find More Detailed Descriptions of Visas Below.

• E-1; Treaty Trader

• E-2; Treaty Investor

• E-3; Specialty Occupation for Australia nationals

• H-1B; Specialty Occupation Visa

• H-3; Trainee Visa

• I-visa; Representatives of Foreign Media

• L-1A; Multinational Executive or Manager

• L-1B: Specialized Knowledge

• O-1; Extraordinary Ability Visa

• TN – USMCA (formerly known as NAFTA)

E-1- Treaty Trader

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

E-2 Treaty Trader

The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

E-3; Specialty Occupation for Australia nationals

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States (similar to the H-1B visa status).

H-1B; Specialty Occupation visa

The Immigration and Nationality Act, along with current federal regulations, requires that an employer who seeks to employ a foreign individual through the H-1B category must demonstrate that the offered position qualifies as a professional level “specialty occupation” and that the nonimmigrant worker possesses the qualifications necessary to establish eligibility for the same. In addition, it is not enough that the beneficiary possesses a foreign or US degree – a nexus or connection must be established between the education and the proposed job. According to federal regulations, in order for a position to qualify as a “specialty occupation”, the same must require the following:

Ø Theoretical and practical application of a body of highly specialized knowledge, usually attained through an advanced degree;

Ø Attainment of a bachelor's degree, or higher, in the specific specialty as a minimum prerequisite for employment in the United States.

In March 2020, CIS implemented an electronic filing procedure for the H-1B. The Registrant (the ‘Employer’) must file a registration for the proposed employee electronically. This requires the creation of an online account with immigration. The registration is then entered into a ‘lottery’, if selected, the Petitioner is invited to file a full petition on behalf of the Beneficiary.

Our firm can guide you through the entire H-1B process from creating an account, filing the registration, to preparing and submitting the H-1B petition.

H-3; Trainee Visa

The H-3 nonimmigrant visa category allows aliens coming temporarily to the United States as either a:

Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country.

Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

I-visa; Representatives of Foreign Media

The I-visa, enables an applicant a nonimmigrant visa, if the following requirements are met:

• Represent a foreign information media outlet (press, radio, film, or other foreign information media);

• Are coming to the United States to engage solely in this profession; and

• Have a home office in a foreign country.

Occupations under this category include reporters, film crews, editors, and similar occupations. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.

L-1A; Multinational Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

L-1B: Specialized Knowledge

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

The employer must file a petition or employment with US CIS with fee, on behalf of the employee.

O-1; Extraordinary Ability Visa

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

• O-2: individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.

• O-3: individuals who are the spouse or children of O-1’s and O-2’s.

TN NAFTA visa

NAFTA created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

The types of professionals who are eligible to seek admission as TN nonimmigrants include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status if:

• You are a citizen of Canada or Mexico;

• Your profession qualifies under the regulations;

• The position in the United States requires a NAFTA professional;

• You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and

• You have the qualifications to engage in the profession in question.

Note: Effective July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) will replace the North American Free Trade Agreement (NAFTA