Non-Immigrant Visas

Visa Waiver Program (VWP)

The Visa Waiver Program (VWP) allows nationals of certain countries to travel to the United States for business or pleasure for stays of 90 days or less without obtaining a visa. To be eligible, an individual must be a national of a participating country. Currently, the following countries participate in the Visa Waiver Program:

Andorra Iceland Norway
Australia Ireland Portugal
Austria Italy San Marino
Belgium Japan Singapore
Brunei Liechtenstein Slovenia
Denmark Luxembourg Spain
Finland Monaco Sweden
France the Netherlands Switzerland
Germany New Zealand United Kingdom

The individual must also have a present a machine-readable passport (MRP) valid for six months past their expected stay in the U.S.; have been checked using an automated electronic database containing information about inadmissible aliens to the U.S. (US-VISIT); and have a return trip ticket to any foreign destination other than a territory bordering on the U.S. Visitors admitted to the U.S. under the VWP may not change or extend their non-immigrant status. Application for Admission under the VWP is made directly at a U.S. Port of Entry.

B-1/B-2 Visitor

The B-1 and B-2 nonimmigrant visas are reserved for visitors coming briefly to the U.S. for business and pleasure, respectively. A visitor coming to the U.S. to attend business, scientific, educational or professional conferences/conventions or trade shows, to provide or receive limited training, to perform market research, meet with clients, consult with business associates, or the like, is eligible for B-1 classification. This category may also be used by a visitor who is coming to the U.S. for other purposes, including but not limited to, medical treatment, voluntary programs conducted by charitable organizations, as visiting ministers or personal/domestic employees under certain conditions. The B-2 category is reserved for a visitor coming to the U.S. as a tourist, for recreation or medical treatment. To qualify for a visitor visa, the applicant must establish that he/she has no intention of abandoning his/her residence in a foreign country and the temporary nature of his/her trip. B-1 and B-2 visitors are generally allowed a stay in the U.S. of no more than six months.

F-1 Student

The F-1 nonimmigrant visa is available to students coming temporarily to the U.S. to pursue a full-time course of “academic” study at an academic institution or in a language training program in the U.S. To be eligible for a F-1 visa, a student must be accepted by a qualifying school, must prove that he/she has the financial ability to support him/herself for the duration of the course of study and maintain residence in a foreign country which he/she has no intention of abandoning. A student in F-1 status is admitted to stay in the U.S. for as long as he/she is a full-time student pursuing an approved course of study.

Curricular and/or optional practical training may be authorized for students who have completed one academic year of full-time study, with the exception of students enrolled in language training programs. Practical training must be in a position directly related to the student’s area of study.

Curricular practical training may be available in alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. Students who have received one year or more of full-time curricular practical training are ineligible for post-completion academic training.

Optional practical training for temporary employment is allowed: (1) During the student’s annual vacation and at other times when school is not in session; (2) While school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or (3) After completion of the course of study, or, after completion of all course requirements for the degree program. Students are entitled to twelve months of full-time optional practical training.

E-1 Treaty Trader

The E-1 nonimmigrant visa is available to individuals who are coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and a treaty country (treaty traders). The applicant must be a national of a country which maintains a treaty of commerce and navigation (treaty country) with the U.S. and the trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. The applicant must also be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the trading firm. Ordinary skilled or unskilled workers do not qualify. A treaty trader may remain in the U.S. in E-1 nonimmigrant status as long as he/she continues to carry on trade on behalf of the trading firm. E-1 visas may be obtained directly at a U.S. Consulate abroad, and issued for five years at a time.

Spouses of individuals in E-1 nonimmigrant status are also entitled to E-2 status and may work in the U.S. by applying with the USCIS for an Employment Authorization Document after initial entry.

E-2 Treaty Investor

The E-2 nonimmigrant visa is available to individuals who are coming to the U.S. to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital (treaty investors). The investor, either a real or corporate person, or the employee of the investor must be a national of a country which maintains a treaty of commerce and navigation (treaty country). If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. Treaty investors may remain in the U.S. in E-2 nonimmigrant status as long as long as he/she continues to develop and direct the operations of the investment enterprise. E-2 visas may be obtained directly at a U.S. Consulate abroad, and issued for five years at a time.

Spouses of individuals in E-2 nonimmigrant status are also entitled to E-1 status and may work in the U.S. by applying with the USCIS for an Employment Authorization Document after initial entry.

E-3 Australian Professional

The E-3 visa is an employment authorized nonimmigrant visa category limited to Australian nationals. This category enables Australian nationals in specialty occupations (i.e. professional positions) to work in the United States (similar to H-1B). The applicant must have the equivalent of a U.S. Bachelor’s level degree education in a field of studies related to the job offered and the job offered must normally require a Bachelor’s level degree education in the industry. The visa is issued in two year increments, and can be applied for directly at the U.S. Consulate.

There are 10,500 E-3 visas available per fiscal year. Spouses of E-3 applicants are entitled to E-3D status and may work in the U.S. by applying with the USCIS for an Employment Authorization Document after initial entry.

H-1B Professional

The H-1B nonimmigrant visa is available to professionals coming to the U.S. to work temporarily in positions requiring highly specialized knowledge and at least a bachelor’s degree or its equivalent as a minimum requirement for entry into the occupation. Some examples of these specialty occupations are professional positions in engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources. To qualify for H-1B classification, a worker must possess a bachelor’s degree or its equivalent in a field of study normal to that occupation. Workers in H-1B status are given a maximum of six years stay in the U.S. Under limited circumstances, total H-1B time may be extended beyond six years. There are 65,000 H-1B visas available each fiscal year.

H-1B1 Chilean/Singaporean Professional

The H-1B1 nonimmigrant visa is limited to nationals of Chile and Singapore coming to the U.S. to work in professional positions requiring specialized knowledge and at least a bachelor’s degree or its equivalent as a minimum requirement for entry into the occupation. Some examples of specialty occupations are professional positions in engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources. Although the equivalent of a bachelor’s degree in the area of the particular occupation is normally required as a minimum requirement, alternative credentials will be accepted for certain positions. An H-1B1 worker is admitted for a one-year period, renewable in one- year increments indefinitely so long as the individual is able to demonstrate that he/she does not have the intent to remain or work permanently in the U.S. H-1B1 visas may be applied for directly at the U.S. Consulate. There are 6,800 H-1B visas available each fiscal year — 1,400 for Chilean nationals and 5,000 for Singaporean nationals).

J Exchange Visitor

The J-1 nonimmigrant visa is available to individuals coming to the U.S. as an exchange visitor under a variety of Private Sector or Government Sector categories, including but not limited to au pair, college/university students, foreign physician, professor, research scholar, short-term scholar, specialist, summer work/travel, teacher, and trainee. The Exchange Visitor Program is administered by the Department of State, which designates both private and public organizations to act as “exchange sponsors.” USCIS involvement is not necessary. To be eligible for a J-1, an exchange visitor must be accepted by a designated exchange sponsor and the sponsor must issue a “Certificate of Eligibility for Exchange Visitor Status” (DS 2019). Additionally, an exchange visitor must also prove that he/she has the requisite educational/training background required by the specific exchange visitor category, the financial ability to support him/herself for the duration of the program and maintains residence in a foreign country which he/she has no intention of abandoning. The length of stay in the U.S. for an exchange visitor is determined by the category in which he/she will be classified. Furthermore, certain exchange visitors may be subject to a two-year home residency requirement which requires them to return to their home country for two years before they may apply for an immigrant visa, permanent residence or a different nonimmigrant visa.

K-1 Fiancé(e)

The K-1 nonimmigrant visa is reserved for fiancé(e)s of U.S. citizens who intend to marry in the U.S. within 90 days. A child of the fiancé(e) is eligible for a K-2 nonimmigrant visa, as a derivative of his/her parent’s K-1 status. In general, the couple must have met in person within the last two years; exceptions to this requirement are granted in limited circumstances, e.g. it may be contrary to custom or religious belief for the man and woman to meet in person before marriage. As a K-1 nonimmigrant visa holder, the fiancé(e) may apply for work authorization upon entering the U.S. Since it is presumed that the K-1 applicant will immigrate shortly after arriving in the U.S., the U.S. consulate requires police certificates and a medical exam. Upon entry, the K-1 holder must marry within 90 days. Following the marriage, h/she then applies to adjust status to permanent resident status.

K-3/K-4 Pending Immigrant Spouse/Child of U.S. Citizen

The K-3 and K-4 nonimmigrant visas were created in response to USCIS’ lengthy processing times of I-130 family petitions. They are reserved for the spouses of U.S. citizens and the spouses’ unmarried children less than 21 years of age, respectively, allowing the spouses and minor children to come to the U.S. and wait to complete their immigration process. To qualify for K-3 classification, an I-130 immigrant petition must have already been filed on behalf of the spouse, and received and pending with the USCIS. Separate immigrant visa petitions are not required for the spouses’ children; however, the children must be named in the K-3 nonimmigrant visa petition. If they also wish to immigrate to the U.S, an immigrant visa petition must also be filed on behalf of the spouses’ children. As a K-3 nonimmigrant visa holder, the spouse may apply for work authorization upon entering the U.S. Since it is presumed that the K-3 holder will immigrate after entry after arriving to the U.S., the U.S. consulate requires police certificates and a medical exam when applying for the K-3/K-4 visa. Spouses and the spouses’ children may remain in K-3 and K-4 status, respectively, until they have completed the immigration process and become permanent residents.

L-1 Intracompany Transferee

The L-1 non-immigrant category is available to intra-company transferees. One is eligible for L-1 classification if one has been employed abroad for one full physical year with a parent, subsidiary, affiliate, or branch office of the U.S. entity to which he is being transferred (exception for beneficiaries of blanket L-1 petitions, see discussion below) in the last three years prior to being transferred to the United States and offered a position that is either executive or managerial level or one in which the applicant has specialized knowledge. L-1s are eligible for up to seven year stays as an executive or manager, and five year stays as an applicant with specialized knowledge.

Spouses of individuals in L-1 nonimmigrant status are entitled to L-2 status and may work in the U.S. by applying with the USCIS for an Employment Authorization Document after initial entry.

O-1 Extraordinary Ability

The O-1 nonimmigrant visa is available to individuals who possess extraordinary ability in the sciences, arts, education, business or athletics and who are coming temporarily to the U.S. to continue work in their field of expertise. The O-1 category is also available to individuals who have a demonstrated record of extraordinary achievement in motion pictures and/or television productions and who are coming temporarily to the U.S. to continue work in the area of extraordinary achievement. To qualify for O-1 classification, the applicant’s extraordinary ability must be demonstrated by sustained national or international acclaim. An O-1 worker may be admitted for an initial period of three years and renewable in one year increments so long as the individual is able to demonstrate that he/she is needed to continue or complete the same event or activity in the U.S.

P-1 Athlete or Performer

The P-1 classification is available to individual or team athletes, or members of an entertainment group that are internationally recognized. To qualify, athletes must be coming temporarily coming to the U.S. to perform in a specific athletic competition as an athlete at an internationally recognized level of performance. Qualifying entertainers must be coming temporarily to the U.S. to perform with, or as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline, and who has had a sustained and substantial relationship with the group and provides functions integral to the performance of the group. The individual must maintain a residence in a foreign country which he/she has no intention of abandoning. An individual athlete is generally granted an initial stay in the U.S. of up to five years and may request extensions in increments of up to five years with a total stay limited to ten years. An athletic group, entertainment group, artist and entertainer is generally granted an initial stay in the U.S. of up to one year and may request extensions in increments of up to one year to continue or complete the same event or activity for which they were admitted.

P-3 Cultural Performer

The P-3 classification is available to artists or entertainers temporarily coming to the U.S., individually or as part of a group, solely to develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. To qualify, an artist or entertainer must be coming to the U.S. to participate in a cultural event or events which will further the understanding or development of his or her art form. The individual must maintain a residence in a foreign country which he/she has no intention of abandoning. An artist and entertainer is generally granted an initial stay in the U.S. of up to one year and may request extensions in increments of up to one year to continue or complete the same event or activity for which they were admitted.

Q Cultural Exchange Visitor

The Q classification is available to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien’s home country. To be eligible, applicants must be at least 18 years old; qualified to perform the service or labor or receive the type of training stated in the petition; have the ability to communicate effectively about the cultural attributes of his or her country of nationality to the American public; and has resided and been physically present outside of the U.S. for the immediate prior year, if he or she was previously admitted as an international cultural exchange visitor. Participants in an international exchange program in Q status are given are maximum stay of fifteen months in the U.S.

R-1 Religious Worker

The R-1 classification is available to religious workers temporarily coming to the U.S. to work as a minister of religion; a professional in a religious vocation or occupation; or for a nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function. To be eligible, the religious worker must have been a member of a religious denomination having a nonprofit religious organization in the U.S. for at least two years immediately prior to the applying for a visa. Additionally, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status. Religious workers are given a maximum five years stay in the U.S. R-1 visas may be obtained directly at a U.S. Consulate abroad.

TN NAFTA Professional

The TN classification is limited to nationals of Canada and Mexico coming to the U.S. to work in professional positions. To be eligible, the employment must be in a profession listed in Appendix 1603.01 of North American Free Trade Agreement (NAFTA) and the professional must possess the credentials required. Applicants must have non-immigrant intent. Canadian professionals seeking TN status may apply directly at a U.S. port of entry. Mexican professionals must apply for a TN visa directly at the U.S. Consulate before entering the U.S. TN status is granted in three-year increments.

V Pending Immigrant Spouse/Child of Legal Permanent Resident

The V nonimmigrant visa was created in response to USCIS’ lengthy processing times of I-130 family petitions. It is reserved for spouses and children of U.S. permanent residents, allowing them to come to the U.S. and wait to complete their immigration process. To be eligible, an immigrant visa petition must have been filed on behalf of the spouse and/or child prior to December 21, 2000 and have been pending for at least three years. As a V nonimmigrant visa holder, the spouse and child may apply for work authorization upon entering the U.S. Since it is presumed that the V visas holder will immigrate after entry, the U.S. consulate requires police certificates and a medical exam when applying for the V visa. Spouses and children may remain in V status until they have completed the immigration process and become permanent residents.

If you are interested in learning more about the Visa Waiver Program, contact us online or call us at 415/788-9000 or 408/739-1137 for a consultation to discuss your immigration needs.