Nonimmigrant visas
For those who wish to visit or live in the United States temporarily. There are multiple visas depending on your reasons for coming to the United States. You can come for business, tourism, health care, temporary work …
Visitors: Tourism, Medical, Business
B-1 If the purpose is business-related, for example, consulting with business associates, attending a scientific, educational, professional, or business conference, settling an estate, or negotiating a contract, then a business visitor visa (B-1) would be the appropriate type of visa for the trip.
B-2 If the purpose of the trip is recreation, such as tourism, medical treatment, visiting friends or relatives, rest, or activities of a fraternal, social, or service nature, or unpaid amateur participation in musical, sporting, and similar events or competitions, then a visitor visa (B-2) would be the appropriate type of visa for the trip.
Investor and entrepreneur
E-1 Treaty Trader
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You must be a citizen of a treaty country.
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The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
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The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
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More than 50 percent of the international trade involved must be between the United States and the treaty country.
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Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
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You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
E-2 Treaty Investors
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The investor, whether an individual, partnership, or corporate entity, must have the citizenship of a country.
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If it is a business, at least 50 percent of the business must be owned by people with the nationality of the treaty country.
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The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
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The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization or a speculative or idle investment does not qualify. Uncommitted funds in a bank account or a similar security are not considered an investment.
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It is necessary to have a significant economic impact in the United States.
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You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
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You must control the funds, and the investment must be at risk in the commercial sense. Loans secured by the assets of the investment company are not allowed.
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You must come to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized capacity. Ordinary skilled and unskilled workers do not qualify.
Temporary Work
Visas H-1B are granted to foreign nationals who possess specialized skills. Engineers, attorneys, teachers, and others may obtain these visas. U.S. employers wishing to bring qualified professionals into the country may petition for H-1B visas for these foreign workers and bring them into the country as temporary workers. USCIS issues a certain number of H-1B visas each year. H-1B workers may also apply for green cards.
H-4 (Dependent Visa) H-4 visa holders who wish to accompany the H-1B visa holder to the United States during their stay.
H-2A for temporary or seasonal agricultural work. Limited to nationals of designated countries, with limited exceptions if determined to be in the best interests of the United States.
H-2B for temporary or seasonal nonagricultural work. Limited to nationals of designated countries, with limited exceptions if determined to be in the interests of the United States.
H-3 Training Visa: To receive training, other than graduate medical or academic training, that is unavailable in the trainee’s home country, or practical training in the education of children with mental, physical, or emotional disabilities.
Religious Workers
R-1 Foreign nationals seeking to work in the U.S. as ministers or in religious occupations may obtain R-1 visas. These are temporary visas issued to foreign nationals coming to the U.S. to be employed by nonprofit religious organizations in the U.S.
Entertainers & Athletes
P-1 Individual or Team Athlete, or Member of an Entertainment Group
To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-2 Individual or Team Athlete, or Member of an Entertainment Group
To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-3 Artist or Entertainer (Individual or Group)
To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.
Intracompany Transfers
L-1 These visas can be used in the United States of America in the United States of America in the United States of America. These visas are not available to self-employed foreign nationals.
L-2 This is a visa issued by the United States for the United Kingdom and the United States. It is a nonimmigrant visa and is valid only for the duration of the spouse’s L-1 visa.
Fiancés
K-1 This visa is granted to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreign national to marry their U.S. citizen fiancé or fiancée within 90 days of entry or departure from the United States. Once the couple marries, the foreign national may adjust status to become a permanent resident of the United States (green card holder). Although a K-1 visa is a nonimmigrant visa, it generally carries significant immigration benefits and is therefore often processed by the Immigrant Visa section of U.S. embassies and consulates around the world.
K-2 This nonimmigrant visa allows the child of a K-1 fiancé visa holder to enter the U.S. and the availability of an immigrant visa.
Extraordinary Abilities
O-1 For people with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or recognized extraordinary achievements in film and television, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes the provision of essential services in support of the individual.
Student Visa
F-1 This is an international student program for those attending an academic program or an English language program at a U.S. college or university. F-1 students must maintain the minimum course load for full-time student status. They may remain in the United States for up to 60 days after the completion date of their academic program, unless approved for a period of time under the OPT Program.
M-1 This M visa is for nonacademic or vocational studies. M-1 visa holders in technical and vocational programs are not permitted to work during their studies. Immediately available to all of you
Immigrant Visas
Immigrant visas are made available to people in the United States. There are 4 different visas available to the general public, as well as visas entirely dedicated to investors.
Employment-Based
EB-1 Priority Workers
A First Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority workers receive 28.6 percent of the annual worldwide limit for employment-based immigrant visas.
There are three subgroups within this category:
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People with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation demonstrating national or international recognition and acclaim in their fields of expertise. These applicants do not have to have specific job offers, as they are entering the U.S. to continue working in the fields in which they have extraordinary ability. These applicants may file their own Immigrant Petitions for Alien Worker, Form I-140, with USCIS.
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Outstanding professors and researchers with at least three years of teaching or research experience who are internationally recognized. Applicants in this category come to the United States to pursue tenure, tenure-track teaching, or a comparable research position at a university or another institution of higher education. The prospective Immigrant Petition for Alien Worker, Form I-140, with USCIS.
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Multinational managers or executives who have been employed by the parent, affiliate, subsidiary, or branch of the U.S. employer. The applicant’s employment outside the U.S. must have been at a managerial or executive level, and the applicant must be entering to work in a managerial or executive capacity. The prospective Immigrant Petition for Alien Worker, Form I-140, with USCIS.
EB-2 Professionals with advanced degrees and persons with exceptional abilities. A Second Preference applicant must have a labor certification approved by the Department of Labor. A job offer is required, and the U.S. employee must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may request a waiver, known as a national interest waiver, of the job offer and labor certification if the waiver would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of national interest. Professionals with advanced degrees and persons with exceptional abilities receive 28.6 percent of the annual worldwide employment-based immigrant visas, plus unused visas from the employment preference category.
There are two subgroups within this category:
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Professionals with an advanced degree, or a bachelor’s degree and at least five years of progressive experience in the profession.
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People with exceptional abilities in the sciences, arts, or business. Exceptional ability means having a degree of expertise substantially above that ordinarily encountered in the sciences, arts, or business.
Employment-Based
EB-3 Skilled Workers, Professionals, and Unskilled Workers
A Third Preference applicant must have an approved Form I-140 filed by the prospective employer. All such workers require labor certification from the Department of Labor. Skilled workers, professionals, and unskilled workers receive 28.6 percent of the annual employment-based immigrant visa allocation, plus unused visas from the employment first and second preference categories.
There are three subgroups within this category:
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Skilled workers require a minimum of 2 years of training.
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Professionals are members of professions that require at least a bachelor’s degree from a U.S. college or university or its foreign equivalent.
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Unskilled workers are other people capable of filling positions that require less than two years of training.
EB-4 Certain Special Immigrants
A Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, except for certain employees or former employees of the U.S. Government abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrant subgroups. Special immigrants receive 7.1 percent of the annual employment-based immigrant visas.
There are many subgroups within this category:
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Broadcasters in the United States employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of that organization
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Certain foreign medical graduates (adjustments only)
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Certain retired international organization employees
EB-5 (Investor) Immigrant Investor visa categories are for capital investment by foreign investors in the United States that creates employment.
Family Members
Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:
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IR-1: Spouse of a U.S. citizen
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IR-2: Unmarried child under 21 years of age of a U.S. citizen
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IR-3: Orphan adopted abroad by U.S. citizens
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IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
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IR-5: Parent of a U.S. citizen who is at least 21 years of age
Family Preference Immigrant Visas (Limited): These visas are for specific, more distant family relationships with a U.S. citizen and certain specific relationships with a lawful permanent resident (LPR). Fiscal-year limits apply to immigrants, shown at the end of each category. The family preference categories are:
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Family First Preference (F1): Unmarried sons and daughters of U.S. citizens and their minor children, if any. (23,400)
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Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (21 and older) of LPRs. At least seventy-seven percent of all visas available in this category go to spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
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Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
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Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)
Returning Resident Immigrant Visas (SB) – A lawful permanent resident (LPR) who has remained outside the United States for a longer period of time will require a new resident visa. There is a provision under U.S. visa rules for issuing a special returning resident visa to an LPR who remains outside the United States. For more information about LPRs and returning resident immigrant visas.