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Nonimmigrant Visas
If you are not planning to stay in the
United States permanently or you cannot stay permanently, you should apply for a
nonimmigrant visa. We prepared the following chart so that you will have a general
idea of U.S. nonimmigrant visas. However, this is a very simplified
introduction. You should seek the advice of an experienced immigration attorney if
you need to apply for a visa.
Visa
Description
Notes
| A-1 |
Diplomatic Visa |
Issued to professional
diplomatic, such as ambassadors, public ministers, career diplomatic, or consular
officers, and members of their immediate families. |
| A-2 |
Diplomatic Visa |
Issued to other foreign
government employees and officials as well as their family members. |
| A-3 |
Diplomatic Visa |
Issued to personal attendants,
and servants of persons holding A-1, A-2 visas. This visas are valid for not more
than three years and may be extended in increments of not more than two years. |
| B-1 |
Business Visitors |
Issued to visitors for
business purposes. This visa is valid for one year and may be renewable in six month
increments. The B-1 visa holders may not accept employment in the U. S. However,
theoretically they can adjust to other status. |
| B-2 |
Tourists (for pleasure) |
Issues to
visitors for pleasure. This visa is valid for one year and may be renewable in six
month increments. The B-1 visa holders may not accept employment in the U. S.
However, theoretically they can adjust to other status. |
| C-1 |
Visitors in Transit |
For continuous travel through
the U.S. |
| C-2 |
Visitors in Transit |
For persons who have a right
of transit to the United Nations. Valid for 29 days maximum; non renewable.
The holders may not adjust their status to any other nonimmigrant visas nor seek
employment in the U.S. |
| C-3 |
Visitors in Transit |
For foreign government
officials in transit. Valid for 29 days maximum; non renewable. The holders
may not adjust their status to any other nonimmigrant visas nor seek employment in the
U.S. |
| D-1 |
Crew Members |
Issued to the employees
remaining with their vessel. This visa is valid for a maximum of 29 days and are
nonrenewable. The holders are not allowed to change or adjust their status to any other
visa. |
| D-2 |
Crew Members |
Issued to the employees
working for other vessels. This visa is valid for a maximum of 29 days and are
nonrenewable. The holders are not allowed to change or adjust their status to any other
visa. |
| E-1 |
Treaty Traders |
Issued to the nationals or
citizens of country having treaty with US. The visa is generally issued for a 5
year period. But the duration of stay of each entry is two years. Extensions
may be obtained for up to two years at a time. In fact, traders can remain in the
United States indefinitely as long as they maintain their eligibility and treaty
status. Spouse and unmarried minor children may enter under the same visa category
but without work permit. |
| E-2 |
Treaty Investors |
Issued to the nationals or
citizens of country having investment treaty with the United States. The visa is
generally issued for a 5 year period. But the duration of stay of each entry is two
years. Extensions may be obtained for up to two years at a time. In fact,
treaty investors can remain in the United States indefinitely as long as they maintain
their eligibility and treaty status. Spouse and unmarried minor children may enter
under the same visa category but without work permit. |
| F-1 |
Academic Students |
Issued to full time
students. The visa is good for the period necessary for the holder to complete the
program. Generally cannot work off campus without permit. |
| F-2 |
Student's Family Members |
Student's wife and minor
children. They cannot seek employment but can change to other status. |
| G-1 |
Foreign Representatives to
Int'l Organizations |
Issued to the chief
representatives of foreign governments to international organizations located in the
United States. Their family members are issued the same visa. The visa is
valid for one year and renewable. They cannot work outside the organization without
work permit. |
| G-2 |
Foreign Representatives to
Int'l Organizations |
Issued to the other
representatives of foreign governments to international organizations located in the
United States. Their family members are issued the same visa. The visa is
valid for one year and renewable. They cannot work outside the organization without
work permit. |
| G-3 |
Foreign Representatives to
Int'l Organizations |
Issued to the representatives
of foreign governments not yet recognized by the U.S. and their family members to the
international organizations. Other restrictions are basically same as above G
visa's. |
| G-4 |
Employees of Int'l
Organizations |
For officers and employees of
international organizations and their family members. The visa is good for one year
and renewable. Their family members can seek employment. |
| G-5 |
Employees of Above G Visa
Holders |
Issued to the servants,
personal employees of above G visa holders. |
| H-1A |
Licensed Nurses |
Visa is valid for three years
and may be renewable for another two or three years not exceeding 6 years. The category is
being changed. |
| H-1B |
Specialty Occupation
Professionals |
An US employer must file
petition for the professionals. A visa is approved for an initial period of up to
three years. The maximum term of an H-1B visa is six years, including
extensions. The holders cannot work for other employers without having other
employers to file new petitions but they can adjust to other status. In the event
that the employer terminates the employment of the alien professionals prior to expiration
of the visa, the employer is responsible for providing return transportation of the alien
professional to his or her last place of foreign residence. |
| H-2A |
Temporary Agricultural Workers |
Issued to aliens coming to the
U.S. to perform agricultural work of a temporary or seasonal nature. The visa is
granted for the validity of the labor certification, or for an initial period of up to one
year, not exceeding three years. The holders can change status. |
| H-2B |
Temporary Workers |
Issued to other
nonagricultural workers, like athletes or those in performing arts who have not yet
achieved international reputation and skilled workers in crafts and trades who are able to
perform tasks for which no U.S. workers are available. he visa is granted for the
validity of the labor certification, or for an initial period of up to one year, not
exceeding three years. The holders can change status. |
| H-3 |
Trainees |
Issued to trainees coming to
the U.S. to receive training from an employer in any field other than graduate education
or training. The visa may be valid for a period of up to two years. The
holders can change status. |
| H-4 |
Family Members of H Visa
Holders |
They can stay as long as the H
visa holders. The spouse and minor children cannot accept employment, but can change
status. |
| I |
Journalists |
For journalists of foreign
news media. |
| J-1 |
Exchange Visitors |
For participants of exchange
programs, including students, scholars, professors, researchers, and au pairs, etc.
The visa is valid for the length of time the program requires, up to 18 months without no
renewal. The holders are generally subject to two year residence unless a waiver is
obtained. The holders can apply for work permit. |
| J-2 |
Family Members of J-1 |
Same restrictions as
above. They can work for the purpose of supporting themselves, not to support the
J-1 holders. |
| K-1 |
Fiance(e) of U.S.
Citizens |
Valid for 90 days. They
must get married within 90 days and apply for permanent residence. The holders cannot
apply for extension or change status. |
| K-2 |
Minor Children of
Fiance(e) |
The duration of stay depends
on K-1 holder's visa. |
| L-1A |
Int'l Company Transferees |
Issued to an executive,
manager with at least one year of previous foreign management experience with that foreign
company. For a brand new company, the visa is valid for one year. For business
that have already existed for a year or longer, the visa is valid for three year with a
renewal of up to seven years for an executive or manager. |
| L-1B |
Int'l Company Transferees |
Issued to an employee with
specialized knowledge with at least one year of previous foreign experience with that
foreign company. The visa is valid for three years with two-year extension for a
total of up to five years for an employee with specialized knowledge. |
| L-2 |
L Holder's Family Members |
They have the same length of
stay as L holders. They cannot accept employment in the U.S. |
| M-1 |
Nonacademic Students |
Issued to those who
temporarily study or receive training at a nonacademic institution. The visa is
valid for the period necessary to complete the study, generally 18 months, and can be
extended up to one year. |
| M-2 |
Family Members of M-1 |
Can stay as long as M-1
holders but cannot work in the U.S. |
| N |
G-4's Relatives |
Issued to some relatives of
employees of international organizations, such as parents or children. The visa is
valid for three years and can be extended for another three years. |
| O-1 |
Persons of Extraordinary
Ability |
Issued to aliens of
extraordinary ability in the arts, athletics, sciences, education, business, or the motion
pictures or television industry who are coming to the U.S. to perform temporary services
relating to an event. The visa is valid for the period necessary to complete the
event or activity, but may not exceed three years. |
| O-2 |
Accompanying Assistants to O-1
Holders |
The restrictions on O-1 visa
apply. |
| O-3 |
Family Members of O-1 and O-2 |
They may not seek employment
in the U.S. while on an O-3 visa. They may change status. |
| P-1 |
Athlete or Recognized
Entertainment Group |
Issued to an alien who is
coming to the U.S. to perform as an internationally recognized athlete or member of an
internationally recognized athlete or entertainment group. For an individual, the
visa may be granted initially for up to five years. Extensions may be granted for a
total of stay not exceeding ten years. For an athletic team or entertainment group,
the visa may be valid for the period of time necessary to complete the competition or
event, but may be extended in one year increments. |
| P-2 |
Artists or Entertainers in
Reciprocal Program |
Issued to artists or
entertainers who come to perform, individually or as a group, under a
reciprocal exchange
program between an organization in the U.S. and an organization in another country.
The visa may be valid for the period necessary to complete the event, activity or
performance and can be extended. |
| P-3 |
Artists or Entertainers in
Culturally Unique Program |
Issued to artists or
entertainers who come to perform, individually or as a group, culturally unique program to
further the understanding or development of the unique cultural form. The holders
must be sponsored by educational, cultural or governmental organizations which promote
international cultural activities and exchange. The duration of stay is same as P-2. |
| P-4 |
Family of P Visa Holders |
The spouse and unmarried minor
children are entitled to the same period of admission and restrictions as the principal
holders. They cannot seek employment on P-4 visa. |
| Q-1 |
International Cultural
Exchange Participants |
The duration of stay cannot
exceed 15 months. |
| Q-2 |
Family Members of Q-1 |
They are subject to the same
restrictions as Q-1. They cannot seek employment. |
| R-1 |
Religious Workers |
Issued to persons who have
been full time religious workers for at least two years before applying and is coming
temporarily to work for a nonprofit religious organization in the U.S. The visa is
generally valid for three years with an extension in increments of up to two years. |
| R-2 |
Family Members of R-1 |
They are subject to the same
period of stay as the principal R holders, and may not be employed in the U.S. on a R
visa. |
| S-1 |
Informant in Criminal
Investigation |
The duration of stay will
depend on the need of the investigation. The holder cannot change status. |
| S-2 |
Informant in
Espionage Case |
The duration of stay will
depend on the need of the investigation. The holder cannot change status. |
| S-3 |
Family Members of S Holders |
Same as above S holders |
| TN |
North American Free Trade
Agreement (NAFTA) |
A visa issued, according to
the North American Free Trade Agreement, to Canadian citizens and Mexican citizens.
The terms of the visa are slightly different for the Mexican applicants from the Canadian
applicants. |
| TD |
Family Members of TN Holders |
They are entitled to the same
visa classification and the same length of stay as the TN holder, but they cannot accept
employment. |
Above brief introduction are educational and
informational. If you need further information on a specific nonimmigrant visa
category, please contact an immigration attorney or contact our law office at info@uslawnet.com.
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