NON IMMIGRANT VISAS

B-1 – Business VisitorsThis visa is available to individuals seeking to enter the US for a variety of business activities including: engaging in commercial transactions not involving gainful employment for a US entity; attendance at training session; participating in scientific, educational, professional, or religious seminars or lectures; or attendance at conventions. There must be a clear intent to continue foreign residence.

B-2 – Visitors for PleasureThe vast majority of visitors to the United States enter on B-2 visa’s. The B-2 visa is available to tourists, for social visitors, for health related purposes and for participation in amateur events (music, sports, with no remuneration), as well as other purposes. Employment is not permitted.

H-1B – Specialty Occupation This visa allows a professional from abroad to be employed in the United States by a U.S. employer. The basic requirements for an H-1B position are: that the candidate possess a baccalaureate or higher degree or its equivalent; the degree requirement is common in the industry; the Petitioner normally requires a degree or the equivalent; or the nature of the job duties is so specialized and complex that the knowledge needed to perform the duties is associated with attainment of a degree. An H-1B employee may remain in the United States up to 6 years (with extensions beyond the 6 years available in limited circumstances). The H visa is exempt from the presumption of immigrant intent. Accordingly, working and living in the United States is possible while, simultaneously applying for permanent resident status.

K-1 – FiancÉ If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States. Once obtained a K-1 Visa is normally valid for a four month period and the marriage needs to take place within 90 days from the date the alien first entered the United States.

L – Intracompany Transferees This visa is available to executives, managers (L-1A) or those with specialized knowledge (L-1B) who will enter the United States to work for a qualifying organization. The terms executive, manager, and specialized knowledge are all well defined within the immigration laws. The transferee must be continuously employed abroad for a minimum of one year of the past three by the parent, affiliate, or subsidiary of the U.S. company who is petitioning for the visa. An L-1A visa is available for seven years. An L-1B visa is available for five years.

O – Aliens of Extraordinary Ability The O visa is available to alien’s who possess extraordinary ability in the sciences, arts, education, business or athletic fields, which abilities have been demonstrated by sustained national or international acclaim.

TN – North American Free Trade Agreement (NAFTA) TN status is available for Canadian and Mexican nationals who are coming to the United States to engage in activities at a professional level. “Activities at a Professional Level” requires “at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.” The regulations specify categories of professions that are covered by the NAFTA agreement. Admission is limited to one year in duration, but may be extended annually.