Nonimmigrant Visas
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Nonimmigrant Visas

The Immigration and Naturalization Act sets forth definitions of the various types of nonimmigrant visas. The following are brief, working definitions of the most common nonimmigrant visa types:

Business and Tourist Visas (B-1 and B-2)

An individual who intends to venture to the United States to explore business opportunities can apply for a short-term visa, which is called the "business visitor" visa. The consular visa officer must be convinced that the applicant has established residence and strong ties to his or her home country that he or she intends to return to upon completing the business in the United States. The invitation should come from a business source in the United States and the applicant should show sufficient means to support him or herself in both the home country and the visiting country.

If you are a citizen of a country which does not fall under the Visa Waiver Program or if you plan to stay longer than 90 days for general business or holiday purposes, you should apply for a B1 (business), B2 (tourist), or combined B1/B2 visa.

Student (F and M)

Aliens who will be studying in the United States need to apply for a student visa. There are two types of student visas:

• F-1 for academic or language studies
• M-1 for non-academic or vocational studies

F-1: The F-1 visa stays valid so long as the individual maintains a full-time student status and satisfactory academic progress. A student is entitled to receive a one-time one-year working permit as a F-1.

M-1: The M-1 is similar to an "F" visa. The only difference is that the "M" visa is for nonacademic or vocational studies. To apply for an M-1 visa, the individuals should require a Form I-20M-N, instead of Form I-20A-B, from their nonacademic or vocational institution.

Treaty Transfer and Investor (E-1 and E-2)

E-1: A Treaty Trader is a person coming to carry on substantial trade involving the flow of goods or services principally between the United States and a country that has a treaty of commerce with the United States. The Treaty Trader must be a citizen of the treaty country. An employee of a trader may also qualify as a treaty trader if he or she is entering the United States in an executive or supervisory capacity; or, if employed in a lesser capacity, the employee must have skills that are essential to the efficient operation of the business.

E-2: A Treaty Investor is a citizen of a treaty country who is coming to the United States to develop and direct a bona fide enterprise in which they have made a "substantial" investment of capital and, thereby, own at least 50% or maintain a controlling interest. The employee of a treaty investor who will be employed in an executive or supervisory capacity, or who has skills which are essential to the operation of the business, may also be classified as a treaty investor.

The E-1 and E-2 beneficiary's spouse and unmarried children under the age of 21 may also qualify for an E visa. Dependents are not authorized to work in the United States.

Intra-Company Transfers (L)

An individual who enters the country and has the intention of setting up a company that is affiliated with a foreign company that is located in the individual's home country can change his or her status to L-1 during the individual's stay here. The individual can be a manager or technical personnel but must have worked for the home company for at least one year during the past three years.

Specialty Occupations, Temporary Workers and Training Programs (H-1B, H-2B, H-3)

This category of visas applies to Specialty Occupations, such as DOD workers and fashion models (H-1B); any job in which the petitioner's need for the duties to be performed by the employee(s) is temporary, whether or not the underlying job can be described as permanent or temporary (H-2B); and nonimmigrant trainees who seek to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment (H-3).

Exchange Programs (J)

for a J-1 exchange visitor visa. A J-1 visa is also needed by students wishing to do an internship, practical training, or a "stage" in the United States or who want to work as an au pair.

A J-1 holder is subject to the Section 212(e) two-year foreign residence requirement, which means the individual would have to return to his or her home country and live there for two years before any attempt to change or adjust status, unless a waiver is obtained from the INS.

Aliens of Extraordinary Ability in Sciences, Arts, Education or Athletics (O)

An individual who is offered employment in the United States solely because of the alien's extraordinary ability and such employment is specific project based, can then obtain such a working visa which carries no time limitation.

Entertainers and Athletes (P)

This category includes aliens who are coming to the United States to perform services as an internationally recognized athlete, individually or as part of a group or team, or member of an internationally recognized entertainment group; who are coming to perform as an artist or entertainer under a reciprocal exchange program; who are coming solely to perform, teach, or coach under a program that is culturally unique; or who are the spouse or child of an alien described in section 101(a)(15)(P)(i), (ii), or (iii) of the Act. These classifications are called P-1, P-2, P-3, and P-4 respectively.

International Cultural Exchange Programs(Q)

An individual who enters the country so to participate in an international cultural exchange program is working for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the participant's home country in the United States. A Q-1 exchange visitor must be 18 years old and be able to communicate effectively about the cultural attributes of his or her country.

Media Representatives (I)

Journalists who have to go on a business trip for their TV or radio station, newspaper or magazine as well as television crews need to apply for a journalist visa (I visa).

Religious Workers (R)

admission, has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States, may be admitted temporarily to the United States to carry on the activities of a religious worker for a period not to exceed five (5) years. The alien must be coming to the United States for one of the following purposes: solely to carry on the vocation of a minister of the religious denomination; to work for the religious organization at the request of the organization in a professional capacity; or to work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.

NAFTA

An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement ("NAFTA") to engage in business activities at a professional level as provided for in that Annex, may be admitted for that purpose.

Immigrant Visas

Family-Sponsored

If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

• Husband or wife;
• Unmarried child under 21 years old;
• Unmarried son or daughter over 21;
• Married son or daughter of any age;
• Brother or sister, if you are at least 21 years old; or
• Parent, if you are at least 21 years old.

If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

• Husband or wife; or
• Unmarried son or daughter of any age.

Investor

10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Multinational Managers and Executives

A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Outstanding Professors and Researchers

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Aliens of Extraordinary Ability in the Sciences, Arts Education, Business or Athletics

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification.

Advanced Degree Professional/Exceptional Ability

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

Professionals with Bachelor's Degrees

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Skilled Workers

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled.

Religious Workers

To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must be entering the United States to work:

• As a minister or priest of the religious denomination;
• In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or
• In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

Waivers

The Visa Waiver Program (VWP) allows many citizens of designated countries to apply for admission to the United States as visitors (traveling for holiday and/or business, in transit) without first obtaining a non-immigrant business/tourist visa at a U.S. Embassy or Consulate.

Other Services

• Naturalization
• Political Asylum
• Removal (Deportation)
• Visa Extensions
• Consulate Petitions
• Employment Authorization

10950 Moorpark Street
Studio City, California  91602
Tel. 818-763-3305
Fax. 818-763-3312
E-mail: PNM@paulmedved.com

Practice Limited to Immigration and Naturalization Law