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A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, temporary employment or pleasure. When a nonimmigrant is admitted into the United States, a US official will assign a nonimmigrant category according to the purpose of the visit. These categories currently run from A through V, corresponding to the subparagraphs in the law where each are defined. Some are relatively unusual or highly specialized, such as for diplomats, performers, journalists, or even informants (S visa for "snitches").

open all paragraphsSome of the common visa services we offer:

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An H-1B is a work visa for specialty occupations. "Specialty occupations" are generally defined as those requiring a bachelor's degree or higher.

The O-1 category is for foreign nationals with extraordinary ability in the arts, sciences, athletics, education, or business. In practice, this includes nearly any field of endeavor: gymnasts, figure skaters, musicians, scientific researchers, and more. O visas are granted for the duration of an "event" (i.e. a grant, project, tour, etc.) and for an initial period of no longer than three years. Extensions for the O visa are easy and unlimited, granted in increments of 1 year at a time.

The standards for an O-1 visa are similar to those of an Extraordinary Ability petition. An individual must show either a one-time achievement (such as receipt of a major internationally recognized award of the caliber of the Nobel Prize or an Olympic Medal), or satisfy at least 3 of the following qualifications:
  1. Receipt of lesser nationally and internationally recognized prizes or awards for excellence in the field of endeavor;
  2. Membership in associations in the field which require outstanding achievements of their members, as judged by experts in the field;
  3. Published materials about the individual in professional or major trade publications, or appearance/published materials about the individual in other major media;
  4. Participation, either individually or as part of a panel, as a judge of the work of others in the field (including requests to serve as a reviewer/referee for articles to be published, invitations to serve on discussion and advisory panels, etc.);
  5. Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
  6. Authorship of scholarly articles in the field, as published in professional or major trade publications or in other major media;
  7. Display of the individual's work in the field at artistic exhibitions or showcases;
  8. Serving in a leading or critical role for organizations or establishments that have a distinguished reputation;
  9. Commanding a high salary or other significantly high remuneration for services, as compared to others in the field; and/or
  10. Commercial success in the performing arts, such as box office receipts or record, cassette, compact disk and video sales.
The government may also accept additional types of documentation of extraordinary ability if the above mentioned factors do not readily apply to the individual's field of expertise.
Congress has created a new work visa category for Australians. Section 501 of the Real ID Act of 2005 has made a change to the Immigration and Nationality Act to allow for a new category of E treaty visa. This change creates a new INA Section, Section 101(a)(15)(E)(iii), which allows for the admission of an alien who is a national of the Commonwealth of Australia, and who is entering to perform services in a "specialty occupation."
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The Fiancée of a U.S. citizen is eligible for a nonimmigrant visa in order to marry within 90 days of entry to the U.S.
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Spouses of U.S. citizens, and the spouses' children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process.
An L-1 visa is a temporary visa which allows foreign companies to temporarily transfer executives and managers ("L-1A") and technical workers possessing "specialized knowledge" ("L-1B") to affiliates or subsidiaries in the United States. Executives and managers who qualify for L-1A status have the advantage of eligibility to qualify for permanent residence under the employment-based first preference. This category does not require labor certification. Spouses and children of L visa holders may obtain L-2 visas. L-2 visa holders are eligible for work authorization.
A special visa category for nationals of Canada / Mexico under the North American Free Trade Agreement (NAFTA).
Investors/traders and their employees may receive visas to carry on their business in the U.S. if the home country has a commercial treaty with the United States conferring visa eligibility. Spouses and children of E visa holders are eligible for work authorization.
The R visa category permits individuals engaged in a broad range of religious occupations to enter the U.S. to perform services related to their religious calling or vocation and receive direct compensation for their work.
This visa category is for athletes, artists and entertainers. P-1 is for internationally recognized athletes and entertainers and their essential support staff. P-2 is for entertainers coming to perform in the U.S. through a government-recognized exchange program. P-3 is for artists and entertainers coming to the U.S. in a group for the purpose of presenting culturally unique performances.
The LIFE Act allows spouses and children of lawful permanent residents (LPR) to come to the United States on V nonimmigrant visas. The purpose of this act is to reunite families who have been or could be separated during the process of immigrating to the United States. With V visas, family members can wait in the United States for the immigrant visa process to be completed.
A J-1 Visa is a non-immigrant visa available to aliens that fall under the designation "Exchange Visitor". Some J-1 visitors are required to return to their home country for at least two years before being permitted to switch to a different nonimmigrant visa or to a permanent resident status. We help with waiver of the 2-year home country residency rule.
©2009 Law Office of Vivian Wang
DISCLAIMER: Information contained on this site is intended to educate the general public only and does not constitute legal advice. Readers are encouraged to seek advice and counsel from a law firm with experience in immigration and nationality law.