Visa Descriptions
What is a Visa?
A visa is permission from a United States consulate in a foreign country that allows you to travel and be admitted to the United States. There are two types of visas: Non-immigrant ("Temporary") Visas and Immigrant ("Permanent") Visas.
What is a Non-Immigrant Visa?
A non-immigrant visa is a visa for a person whose perament residence is outside of the United States, and who wishes to travel to the United States on a temporary basis for reasons such as tourism, medical treatment, business, temporary work, or to study at a qualifying school.
Nonimmigrant Employment Visas
H-1B: Specialty Occupation Workers
A professional seeking to enter the U.S. to perform services ina “specialtyoccupation” may qualify for the H-1B visa upon approval of a petition filed by a sponsoring U.S. employer. A specialty occupation requires theoretical and practical application of a specialized knowledge, plus a bachelor’s degree or its equivalent, which is usually based on work experience.
An H1-B visa is initially granted for three years. Extensions may be granted for a maximum of six years. In limited circumstances, additional extensions beyond six years may be granted.
As a prerequisite to filing for an H-1B visa, the employer is required to file a labor condition attestation (“LCA”) application with the Department of Labor. The LCA includes the title and salary for the position, the location of intended work, and statements by the employer intending that the H-1B holder will not affect the employment of U.S. Citizen or permanent resident workers.
H-2: Temporary Worker
An individual seeking to enter the U.S. to perform temporary labor in the U.S. may qualify for an H-2 visa, provided that there are no qualified U.S. workers, and provided that the sponsoring U.S. employer employs U.S. workers. An H-2 visa is granted for a maximum of one year. In limited circumstances, extensions may be granted for a maximum of three years.
H-3: Trainee
An individual (“trainee”) seeking to enter the U.S. for training at the invitation of an individual, organization, firm or other trainer in any field of endeavor (including, but not limited to agriculture, commerce, finance communications, government, transportation and educating children with physical, mental or emotional disabilities) may qualify for the H-3 visa. An H-3 visa is granted for the full period required for training. In limited circumstances, extensions may be granted for up to two years.
As a prerequisite to filing the H-3 visa, the sponsoring employer/trainer must describe the type of training, the source of remuneration to the trainee and any benefit that may accrue to the sponsoring employer. Additionally the sponsoring employer must demonstrate the necessity of training the individual in the U.S.
The trainee is not permitted to engage in productive employment unless it is incidental and necessary to the training. Additionally, the trainee may not engage in employment which will displace a U.S. resident worker.
P-1: Athlete or Entertainer
An individual who is seeking to enter the U.S. as an internationally recognized professional athlete or member of an entertainment group may qualify for a P-1 visa. As a prerequisite to filing for a P-1 visa, the relevant union, management group, and/or other outside source must provide a consultation letter with the visa application. A P-1 visa may be granted for a duration that is dependent on each individual case.
P-2: Exchange Athlete or Entertainer
An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform under a reciprocal exchange program may qualify for a P-2 visa. A P-2 visa may be granted for a duration that is dependent on each individual case.
Other Nonimmigrant Visas
B-1: Visitor for Business
An individual seeking to enter the U.S. in order to conduct business in the U.S. which benefits a foreign employer may qualify for a B-1 visa. With this visa, the individual may generally not engage in U.S. employment, nor displace a resident American worker, nor receive any direct remuneration for services from a U.S. source. A B-1 visa may be initially granted for six months. Extensions may be granted for a maximum of one year. In limited circumstances, additional extensions beyond one year may be granted.
B-2: Visitor for Pleasure
An individual seeking to enter the U.S. for reasons such as pleasure, vacation, visiting friends and/or family, and/ or tourism may qualify for a B-2 visa. With this visa, the individual may not engage in U.S. employment. A B-2 visa may be initially granted for six months. Extensions may be granted for additional time, allowing for a maximum stay up to one year. In limited circumstances, additional extensions beyond one year may be granted.
F-1: Student (see also M-1 status for nonacademic students)
An individual seeking to enter the U.S. as a student, solely for the purpose of pursuing a course of study at an established institution of learning, which has been approved by the U.S. Citizenship and Immigration Services for attendance by foreign students, may qualify for an F-1 visa. The individual may not attend a public elementary school or publicly-funded adult-education program and may only attend a public secondary school under certain conditions. An F-1 visa may be granted for the “duration of status,” which is the duration of the program of study and any period of practical training authorized, plus an additional 60 days.
K-1: Foreign Citizen Fiancé or Fiancée of U.S. Citizen
An individual seeking to enter the U.S. after being engaged to be married to a U.S. citizen, and in order to complete a valid marriage with a U.S. citizen within 90 days after entry, may qualify for a K visa. A K visa is granted for 90 days. No extensions are available.
K-3: Foreign Citizen Spouse of U.S. Citizen
An individual seeking to enter the U.S. after being married to a U.S. citizen, may qualify for a K-3 visa, provided that the U.S. Citizen spouse has a pending immigrant petition filed on behalf of the foreign citizen spouse.
M-1: Nonacademic Student (see F-1 for academic students)
An individual seeking to enter the U.S. to pursue a full course of study, other than a language training program, at an established vocational or other recognized nonacademic institution, may qualify for an M-1 visa. With this visa, the individual is not permitted to work, but a limited period of “practical training” may be authorized at the end of the program. An M-1 visa is granted for the period of the individual’s school program, plus 30 days.
What is an Immigrant Visa/Petition?
An immigrant visa or petition is for a person who intends to live permanently in the United States. In general, to apply for an immigrant visa or petition, a foreign citizen must be sponsored by a U.S. Citizen (USC) relative (or in some cases a Legal Permanent Resident (LPR) relative), or by a potential employer. There are usually quotas (or numerical limits) on the amount of people approved for an immigrant visa in each family-based or employment-based category. These quotas differ, depending on the country from which the foreign citizen is immigrating. The exception to the quotas applies to the immigrant categories where an immediate relative is the sponsor of the foreign citizen. Immediate relatives include U.S. Citizens who are related to the foreign citizen as a spouse, parent or child over the age of 21.
Violence Against Women's Act (VAWA)
An alien who is married to a USC or a LPR spouse may self-file an immigrant petition with the USCIS if the alien has suffered abuse, battery or extreme cruelty at the hands of his/her USC or LPR spouse. Such battered spouse does not need to rely on a petition from the USC or LPR spouse in order to seek permanent residence. The law allows a battered spouse, who meets certain conditions to apply for permanent residence on his/her own. Some of the requirements for filing this petition include:
- proof of a real marriage to a USC or LPR
- proof of abuse suffered at the hands of the USC or LPR spouse
- proof of the alien's good moral character.
Please note that the list of visas contained on this page is not a comprehensive list of all visas available. For questions about visas which are not listed here, please contact our office for further assistance.
