TEMPORARY VISAS
(NON-IMMIGRANT)
Temporary visas are nonimmigrant visas for foreign nationals to enter the U.S. for a temporary period of time. The foreign national is subject to the restrictions pursuant to the visa description. Temporary employment visas allow the foreign national to work in the U.S. for the sponsoring company.
B-1 / B-2 Visitors
Short term visa available for business or pleasure. Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The visa allows a foreign citizen, to travel to the United States port-of entry and request permission of the U.S. immigration inspector to enter the U.S. The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1), for pleasure or medical treatment (B-2), or combination of both (B-1/B-2) purposes. Not all temporary visitors for business or pleasure are required to obtain a B-1 or B-2 visa. Under the Visa Waiver Program (VWP) nationals of 27countries are not required to obtain a visa if traveling to the U.S for business or pleasure.
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E-1 Treaty Traders
The E-1 and E-2 categories are designated for aliens engaged in international trade or investment between the United States (U.S.) and the aliens’ countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country. A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the U.S. These visas are for treaty investors who invest a substantial amount of capital in a new enterprise in the U.S.
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E-2 Treaty Investors
The E-1 and E-2 categories are designated for aliens engaged in international trade or investment between the United States (U.S.) and the aliens’ countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country. A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the U.S. These visas are for treaty investors who invest a substantial amount of capital in a new enterprise in the U.S.
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E-3 Australian Specialty Occupations Visa
For citizens of Australia to work in the U.S. in a specialty occupation. The visa is a great alternative to the H-1B visa for Australians which allows spouses and family members of the original visa holder to work in the US also.
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F-1/ M-1 Student Visas
An F-1 visa is for full-time students while enrolled in academic program, plus the possibility of a time extension for practical training in the area of study. The M-1 program allows students from abroad to study in vocational programs in the United States.
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H-1B Specialty Occupation Worker
For professional workers in specialty occupations. H1-B visas are granted to companies who are offering to hire specialized employees who have a minimum of a bachelor's degree the opportunity to work in the United States for periods of 3 years a t a time (renewable for up to 6 years total) The H1-B visa is a dual intent visa which allows the beneficiary of the visa to apply for permanent residency in the United States. There is a cap of 65,000 visas granted each year and there were over 200,000 applicants for these highly desirable visas in 2008.
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H-2A and H-2B Temporary Seasonal Workers
Skilled or unskilled foreign-national workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available.
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H-3 Company Trainee
For employee to participate in company training that is not available in the alien’s country. The H-3 classification applies to foreign nationals (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.
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J-1 / Q-1 Exchange Visitors
For individuals who have been accepted as participants in a wide range of work and/or study programs approved by the U.S. Info. Agency. The Q-1 classification applies to participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.
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K-1 Fiancee of U.S. Citizen
If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here. In order to do this, you must apply for a Nonimmigrant visa for fiancé(e) (K-1) so that your fiance(e) can travel to the United States for marriage. A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible
according to laws of the state in the United States where the marriage will take place. (NOTE: This option is ONLY available to US citizens. Legal Permanent Residents who marry aborad will not be able to use the K-1 visa to bring their spouses to the U.S.)
When a U.S. Citizen marries a foreign national outside of the United States, the Citizen may apply for a Nonimmigrant visa for spouse (K-3) so that their spouse may join them in the United States and subsequently apply for legal permanent residence. Until now it was three to four times faster to obtain a Fiancee Visa ( K1 Visa ) for marrying inside the U.S. than it was to obtain a Marriage Visa ( Spousal Visa ) for a wife or husband of a U.S. citizen. Now, with the newly created K3 visa, the waiting time for a marriage visa for an international marriage is much shorter than before. The unmarried minor (under 21 years of age) children of the foreign born spouse, are also eligible to come to the United States under the (K-4) category. (NOTE: This option is ONLY available to US citizens. Legal Permanent Residents who marry aborad will not be able to use the K-3 or K-4 visa to bring their spouses or step children to the U.S.)
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L-1A/L-1B Intra-Company Transferee
This visa is available to intracompany transferees who have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive capacity or with specialized knowledge of the business.
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R-1 Religious Worker The R-1 classification applies to a religious worker. This is a foreign nation national coming to the U.S. temporarily to work:
As a minister of religion,
As a professional in a religious vocation or occupation, or
For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function.
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TN Canadian Professional (NAFTA Visa)
The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.
TN Mexican Professional (NAFTA Visa)
The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.
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IF YOU WISH TO OBTAIN INFORMATION ABOUT OBTAINING A TEMPORARY VISA, PLEASE CONTACT US AND FILL OUT OUR ONLINE INFORMATION REQUEST FORM OR CALL US TO ARRANGE A FREE INITIAL CONSULTATION WITH AN EXPERIENCED, LICENSED IMMIGRATION ATTORNEY.
BLUMENTHAL & BLUMENTHAL
ATTORNEYS AT LAW
TOLL FREE: 1 (866) 459-2711
IN THE ST. LOUIS, MO AREA: 314-783-4024
FAX: 314-783-4682
E-MAIL: lmblumenthal@blumenthalfirm.com