NON-IMMIGRANT

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INA Section 101(a)(15)(U)
U-1 Victim of Certain Criminal Activity.
U-2 Spouse of U-1.
U-3 Child of U-1.
U-4 Parent of U-1, if U-1 is under 21 years of age.

INA Section 101(a)(15)(B) 8 CFR 214.2(b)
B-1 Temporary visitor for business.

Suitable for visitors who seek to come to the United States to engage in legitimate business activities of commercial or professional nature.
B1 Visa holders are not allowed to receive a salary or payment of any kind from the U.S. source.
The B1 Visa does not allow holders to work in the United States.

Benefits:
Does not require an approved visa petition from the USCIS.
> Visa seekers can apply for a B1 in person at an American Consulate.
> Generally quicker and easier to obtain.

Authorization of Stay:
The US Department of Homeland Security at the port of entry will determine

Necessary Documents:
Contact us to set up a consultation

B-2 Temporary visitor for pleasure.

INA Section 101(a)(15)(A)(i) 8 CFR 214.2(a)
A-1 Ambassador, public minister, career, diplomatic or consular officer, and members of immediate family.
A-2 Other foreign government official or employee, and members of immediate family.
A-3 Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.

INA Section 101(a)(15)(C) 8 CFR 214.2(c)
C-1 Alien in transit directly through U.S.
C-4 Transit without Visa, see TWOV INA Sections 212(d)(3), and 212(d)(5) 8 CFR 212.1(f)

INA section 101(a)(15)(D) 8 CFR 214.2(d)
D-1 Crewmember departing on same vessel of arrival.
D-2 Crewmember departing by means other than vessel of arrival

Petition for a Nonimmigrant Worker:
INA Section 101(a)(15)(E) 8 CFR 214.2(e)
E1  Treaty Traders and Treaty Investors

This type of visa is suitable for:
> Nationals of treaty countries, who may be executives, managers and specialists of a treaty nation company operating in the U.S.
> Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch.
> Companies in treaty countries to send personnel to setup a U.S. company.
> Must be seeking to enter the United States to carry out substantial trade.
> Allows for family members of E-1 visa holders to also come.

E1- Benefits:
E1 holder and immediate family members can travel freely in and out of the U.S. while on a valid E1 visa
> Stay of primary visa holder and dependents may be prolonged with unlimited 2-year extensions as long as E1 status is maintained.
> Dependents may attend school.
> Spouse of primary visa holder can work in the United States by applying for a work permit.

Necessary Documents:
> Contact us to set up a consultation

E2 Treaty Traders and Treaty Investors

This type of visa is suitable for:
>Nationals of treaty countries and immediate family members who are seeking to substantially invest in a United States enterprise.
> Visa seekers must be entering the United States to develop and direct investments from the treaty country.
> Companies in treaty countries may use this visa to send key personnel to either manage a U.S. affiliate or branch or to send personnel set-up a U.S. company.

E1- Benefits:
Visa holder and family members can travel freely in and out of the United States so long as E-2 visa is valid.
> Visa holder works legally in the United States for the United States company that is the subject of the investment.
> Extensions are unlimited in 2-year increments.
> Spouse of primary visa holder can work in the United States by applying for a work permit.
> Dependents may attend school.

Necessary Documents:
> Contact us to set up a consultation

INA Section 101(a)(15)(F) 8 CFR 214.2(f)

This type of visa is suitable for:

Suitable for international students who are qualified to attend a full course of study at colleges, universities, conservatories, academic high schools and institutions with language training programs in the United States.

E1- Benefits:
> F1 visas are generally issued quickly.

F-1 Academic Student.
> F1 visas are generally issued quickly.
> F1 visa holders can study in the United States as a full-time academic or language student.
> F1 visa holders can travel in and out of the United States or remain in the United States until the completion of the course studies.
> Dependents (spouse and unmarried children under the age of 21) can come and live in the United States with the F1 visa holder.

Duration of Stay:
> May enter the United States on an F1 visa up to 30 days before the designated registration date on the Form I-20 and may remain in the United States for up to 60 days after the completion of the course.

Necessary Documents:
> Contact us to set up a consultation

INA Section 101(a)(15)(H)(i)(b) 8 CFR 214.2(h)(4)
H-1B Specialty Occupations, DOD workers, fashion models.

This type of nonimmigrant visa may be used to bring a worker temporarily to the United States to work in a “specialty occupation” or a professional position.

>
 The H-1B is a temporary visa that has specific limitations on periods of stay in the United States.
> The initial petition may be approved for up to 3 years. The initial period may be extended for 3 more years.
> H-1B Holders pursuing a green card may, in some cases, extend their stay beyond the 6-year limit.
> H-1B employee’s spouse and unmarried children under 21 years old may be granted H-4 status. H-4 holders are not permitted to work; however, they may attend school.

Qualifying employee:
> Persons in a “specialty occupation”.
> This means a person who is working in a professional position that requires a minimum of a bachelor’s degree or its equivalent in a specific field related to the job.

Must be able to show:
> Foreign university degree is equivalent of a U.S. degree; or
> That his/her work experience is equivalent to a degree.

Necessary Documents:
Contact us to set up a consultation

H-1C Nurses going to work for up to three years in health professional shortage areas.
H-2A Temporary Agricultural Worker.
H-2B Temporary worker: skilled and unskilled.

> Suitable for US. companies hiring foreign nationals to perform temporary work for which no US workers are available

Benefits:
> Designated for individuals who will be employed in nonagricultural positions which are seasonal, intermittent or a one time occurrence.
Qualifying positions include travel agents, restaurant workers, janitors, resort workers, amusement park workers and landscape workers.
> Spouses and children of H2B visa holders may enter and remain in the US in H4 status.

H4 visa holders may attend school in the US but cannot accept employment.

Necessary Documents:
Contact us to set up a consultation

H-3 Trainee.
H-4 Spouse or child of H-1, H-2, H-3.

INA Section 101(a)(15)(J) 8 CFR 214.2(j)
J-1 Visas for exchange visitors.
J-2 Spouse or child of J-1.

INA Section 101(a)(15)(K) 8 CFR 214.2(k)
K-1 Fiancee
> This visa is suitable for U.S. citizens to bring their fiancé or fiancée to the United States.

Benefits:
> Generally is a shorter waiting period compared to a marriage-based visa petition.
> Applicant may apply for a work permit and legally work in the U.S.
> Unmarried children under the age 21 may accompany the K-1 applicant.

Important:
> Applicant must marry the U.S. Citizen petitioner within 90 days of entering the United States.

Necessary Documents:
Contact us to set up a consultation

K-2 Minor child of K-1.
K-3 Spouse of a U.S. Citizen (LIFE Act).
K-4 Child of K-3 (LIFE Act) INA Section 101(a)(15)(K)(iii) 8 CFR 214.2(k).

INA Section 101(a)(15)(L) 8 CFR 214.2(l)
L-1A Executive, managerial.
> Intra-company Transferees
> Transfer of Foreign Employees to the United States

Qualifying Companies:
Companies that meet the United States Citizenship and Immigration Services (USCIS) definitions of:

> Parent
> Branch
> Subsidiary
> Affiliate

Important:
Require an analysis of both the foreign and U.S. ownership of these companies.
> Both companies must continue to operate for the entire time that the L-1 employee is working in the United States.
> Allows for start-up U.S. companies – must prove that new company has a suitable place to do business (ex.: Lease Agreement); a qualifying business structure (business plan); and that employer has the ability to pay the employee’s wages and to begin doing business in the United States.

Qualifying Employee:
Executives, managers and employees with specialized knowledge.
> Key qualification: continuous employment abroad with a qualifying foreign employer for 1 year within the last 3 years preceding the time of the employee’s application.
> L-1A — Managers are: an employee who manages an essential function of the business within qualifying company.

Important:
The application (L1-A) should always be structured to allow the easier transition to permanent resident status.

Visa Duration:
L-1 visas may be granted for an initial period of up to 3 years and may be renewed for a maximum of 7 years for an L-1A and a maximum of 5 years for an L-1B. Any time spent under an H-1 visa status will count towards this maximum.

Application Process:
Foreign company files a petition with the USCIS regional service center having jurisdiction over the place of intended employment.

Start-up company petitions are limited to an initial 12-month period, with extensions depending on the business performance of the new company.
> Existing companies: petition may be granted for a 3-year period and renewed in 2-year increments.

Family Benefits:
Spouses and unmarried children under 21 are allowed as dependents under an L-2 visa. L-1 dependents are allowed to legally live and study in the U.S. without any additional permits, and the spouse of the L-1 visa holder may obtain work authorization.

Necessary Documents:
Contact us to set up a consultation

L-1B Specialized knowledge.

L-1B — Specialized knowledge means: an employee who must have special knowledge of the organization’s product, service, research, equipment, management or an advanced knowledge or expertise in the organization’s processes and procedures.

Visa Duration:
SL-1B. Any time spent under an H-1 visa status will count towards this maximum.

INA Section 101(a)(15)(M) 8 CFR 214.2(m)
M-1 Vocational student or other nonacademic student.
M-2 Spouse or child of M-1.

INA Section 101(a)(15)(O) 8 CFR 214.2(o)(1)

Suitable for:
> Foreign nationals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics (or extraordinary achievement in the field of film or television), who have a job offer from a U.S. employer.
Must be able to prove sustained national or international acclaim or receipt of internationally recognized awards, and a level of expertise indicating that the foreign national is among the few individuals who have risen to the very top of their field of endeavor.
> Foreign nationals who intend to come to the United States temporarily in order to work in their area of expertise.

Authorized stay:
An O petition may be granted for the period of time required to accomplish the event (s) or activities stated in the petition, not to exceed 3 years.
> Further extensions are available.

Necessary Documents:
Contact us to set up a consultation

O-1 Extraordinary ability in Sciences, Arts, Education, Business, or Athletics.
O-2 Alien’s (support) accompanying O-1.
O-3 Spouse or child of O-1 or O-2.

INA Section 101(a)(15)(P) 8 CFR 214.2(p)

P-1A Internationally Recognized Athlete
The Beneficiary must be coming to the United States to participate in a individual event, competition or performance in which he/she is internationally recognized with a high level of achievement; evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading or well known in more than one country.

Athletic Teams Eligibility Criteria:
The team must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which the team is participating must be distinguished and require the participation of athletic teams of international recognition.

Initial Period of Stay:
Individual Athlete – Time needed to complete the event, competition or performance, not to exceed 5 years.
Athletic Group – Time needed to complete the event, competition or performance, not to exceed 1 year.

Family Benefits:
Spouse and unmarried children under the age of 21 may obtain P-4 status. Dependents may not engage in employment, but may attend school or college.

P-1B Member of an Internationally Recognized Entertainment Group
The P-1B classification is suitable for persons coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
At least 75% of the members of the group must have had a substantial and sustained relationship with the group for at least one year.
The entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the
acclaim of a particular production, is essential.

Special Provisions for Certain Entertainment Groups:
Alien circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement. The alien or aliens must be coming to join a nationally recognized circus.

Initial Period of Stay:
Time needed to complete the event, competition or performance, not to exceed 1 year.

Family Benefits:
Spouse and unmarried children under the age of 21 may obtain P-4 status. Dependents may not engage in employment but may attend school or college.

P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal
Exchange Program
The P-2 classification is suitable for persons coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
The Beneficiary must be an artist entering the United States through a government recognized reciprocal exchange program and must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

Initial Period of Stay:
Time needed to complete the event, competition or performance, not to exceed 1 year.

Family Benefits:
Spouse and unmarried children under the age of 21 may obtain P-4 status. Dependents may not engage in employment but may attend school or college.

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program
The P-3 classification is suitable for persons coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally
unique.
The person must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation, and must be coming to the United States to participate in a cultural event or events which will further the understanding or development of the art form. The program may be of a commercial or noncommercial nature.

Initial Period of Stay:
Time needed to complete the event, activity or performance, not to exceed 1 year.

Family Benefits:
Spouse and unmarried children under the age of 21 may obtain P-4 status. Dependents may not engage in employment but may attend school or college.

Authorized stay:
P visas may be granted for the period required to complete the competition or event. Extensions may be granted in increments of 1 year.

Necessary Documents:
Contact us to set up a consultation

INA Section 101(a)(15)(Q) 8 CFR 214.2(q)
Q-1 International cultural exchange visitors Immigration.
Q-2 Irish Peace Process Cultural and Training Program (Walsh Visas) Walsh Visa Program.
Q-3 Spouse or child of Q-2.

INA Section 101(a)(15)(R) 8 CFR 214.2(r)
R-1 Religious workers.
R-2 Spouse or child of R-1.

INA Section 101(a)(15)(S)(i)
S-5 Informant of criminal organization information.
S-6 Informant of terrorism information.

INA Section 101(a)(15)(T) 8 CFR 214.11
T-1 Victim of a severe form of trafficking in persons.
T-2 Spouse of a victim of a severe form of trafficking in persons.
T-3 Child of victim of a severe form of trafficking in persons.
T-4 Parent of victim of a severe form of trafficking in persons (if T-1 victim is under 21 years of age).

INA Section 101(a)(15)(T) 8 CFR 214.11
Canadians: 8 CFR 214.6(d).
Mexicans: 8 CFR 214.6(e).
TD Spouse or child accompanying TN- INA Section 214(e)(2) 8 CFR 214.6(j)

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