Non-Immigrant Visas
B-1 Business Visitor Visa
The B-1 visa is a non-immigrant visa specifically designed for individuals who wish to enter the United States for short-term business activities. This visa is ideal for people whose primary residence is outside the U.S. and who need to engage in business activities of a commercial or professional nature. Such activities include, but are not limited to, consulting with business associates, attending scientific, educational, professional, or business conventions/conferences, settling an estate, or negotiating contracts.
The B-1 visa does not permit individuals to engage in any form of employment in the U.S. or receive payment from a U.S. source, other than reimbursement for incidental expenses. To qualify for this visa, applicants must demonstrate that:
- They intend to stay for a specific and limited period.
- They have the funds to cover their expenses while in the United States.
- They have a residence outside the U.S. as well as other binding ties that will ensure their return abroad at the end of the visit.
Applicants must apply for a B-1 visa at a U.S. embassy or consulate in their country. During the application process, they must provide evidence of the business purpose of their trip and ties to their home country, among other documentation. The duration of stay is typically granted for up to six months, with extensions possible in six-month increments under specific circumstances.
B-2 Visitor Visa
The B-2 visa is a non-immigrant visa issued to people entering the United States temporarily for leisure, tourism, or medical treatment. It is commonly referred to as a tourist visa. This visa is suitable for individuals who wish to visit the U.S. for activities such as vacations, visits to friends or relatives, participation in social events hosted by fraternal, social, or service organizations, and amateur participation in musical, sports, or similar events or contests, if not being paid for participating. Additionally, the B-2 visa can be used for visitors seeking medical treatment in the United States.
To qualify for a B-2 visa, applicants must demonstrate that:
- They plan to stay for a specific and limited period.
- They have sufficient funds to cover their expenses while in the United States.
- They have a residence outside the U.S. and other binding ties that will ensure their return abroad at the end of the visit.
The process involves applying at a U.S. embassy or consulate in their home country. During the application process, applicants must provide proof of their travel plans and ties to their home country to convince the consulate officer that their stay will be temporary.
The B-2 visa typically allows the holder to stay in the U.S. for up to six months, though the exact period of authorized stay is determined at the port of entry by U.S. Customs and Border Protection officers. Extensions can be granted for another six months, subject to approval by U.S. Citizenship and Immigration Services (USCIS).
E-2 Treaty Investor
The E-2 Treaty Investor Visa allows nationals from countries with which the United States maintains a treaty of commerce and navigation to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this visa.
Eligibility Requirements
To qualify for an E-2 visa, an investor must meet several criteria:
- Nationality of a Treaty Country: The investor, either a real or corporate person, must be a national of a country with which the United States maintains a treaty of commerce and navigation.
- Substantial Investment: The investor must have made, or be actively in the process of making, a substantial investment in a bona fide enterprise in the United States. There is no specific dollar figure defined for "substantial," but the investment must be significant enough to ensure the successful operation of the enterprise.
- Principal Investor: The applicant must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- Non-Marginal Enterprise: The investment enterprise must not be marginal. In other words, it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family or it must have a significant economic impact in the United States.
- Real and Operating Commercial Enterprise: The investment must be in a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
Employee Eligibility
Employees of an E-2 company may also be eligible for an E-2 visa if they are of the same nationality as the principal alien employer and are coming to the U.S. to fill an executive or supervisory character position, or possess special qualifications that make the employee's services essential to the efficient operation of the firm.
Visa Duration and Extensions
Typically, E-2 visas are granted for two to five years and can be extended indefinitely as long as the visa holder maintains the intentions to leave the U.S. upon the termination of their status. The visa allows multiple entries into the U.S., and the investor’s family members (spouse and children under 21) may also be eligible to accompany or follow the investor to the United States.
Application Process
The application process generally involves filing a petition with the U.S. Citizenship and Immigration Services (USCIS) if the person is already in the United States or applying directly at a U.S. embassy or consulate if abroad. The investor must provide substantial documentation to prove the investment and intent according to the requirements.
This visa is particularly popular among entrepreneurs and small to medium-sized business investors due to its flexibility and potential pathway to living and working in the United States.
F-1 Student Visa
The F-2 visa is a non-immigrant visa that allows dependents of F-1 visa holders to enter and reside in the United States. Dependents include the spouse and unmarried children under the age of 21 of the F-1 student visa holder.
Key Points of the F-2 Visa:
- Purpose: It is specifically designed to allow families to stay together while the F-1 visa holder pursues education in the U.S.
- Education: F-2 visa holders may attend elementary and secondary school (K-12). Adult dependents (spouse) may engage in recreational or avocational study, but they cannot enroll in a full course of study unless they change their visa to an F-1 status.
- Employment: F-2 visa holders are not permitted to work in the United States.
The application process typically involves the F-1 student's school issuing a Form I-20 for each F-2 dependent, which is used to apply for the visa at a U.S. embassy or consulate. The duration of the F-2 visa is tied to the status of the principal F-1 visa holder; it expires when the F-1 visa does.
H-1B Specialty Occupation Worker
The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. These occupations typically include fields such as IT, finance, engineering, mathematics, science, medicine, and more. The visa is designed to help employers who cannot find the necessary talent among the U.S. workforce by allowing them to hire qualified foreign workers.
To qualify for an H-1B visa, an applicant must have at least a bachelor’s degree or its equivalent in the field related to the job offer. The U.S. employer must file a petition on behalf of the employee, which includes proving that the role is a specialty occupation and that the wage offered is at least equal to the actual or prevailing wage for the position in the geographic area where the job is located.
The H-1B visa has a cap set by Congress, currently limiting the number of new visas issued each fiscal year to 85,000 (65,000 under the regular cap, with an additional 20,000 for holders of advanced degrees from U.S. institutions). The application process typically starts on April 1st each year, with the cap often being reached within days, which then results in a lottery selection process.
The visa initially allows the worker to stay for up to three years, which can be extended to six years. There are provisions for further extensions under certain circumstances, such as pending permanent residency (green card) processes.
L-1 Intra Company Transferee
The L-1 visa is a non-immigrant visa that allows international companies to transfer executives, managers, or employees with specialized knowledge from an affiliated foreign office to an office in the United States. It can also be used by a foreign company to send an employee to the U.S. to establish a new affiliated U.S. office.
There are two types of L-1 visas:
- L-1A for executives and managers: This visa is valid for up to 7 years.
- L-1B for employees with specialized knowledge: This visa is valid for up to 5 years.
To be eligible, the employee must have worked for the company abroad for at least one year in the past three years before applying for the L-1 visa. The U.S. and foreign company must be related as parent company, branch, subsidiary, or affiliate.
This visa facilitates the transfer of skills and knowledge from international offices to the U.S., supporting the operations of global businesses.
R-1 Religious Worker
The R-1 visa is a non-immigrant visa that allows religious workers to enter and work in the United States for a U.S. non-profit religious organization or an organization affiliated with a religious denomination in the U.S. The visa is specifically designed for those who will be employed at least part-time (minimum 20 hours per week) in a position that is primarily religious in nature.
Key Points of the R-1 Visa:
- Eligibility: To qualify for an R-1 visa, the applicant must be a minister or involved in a religious vocation or occupation. They must have been a member of the religious denomination for at least two years before applying for the visa.
- Duration: The R-1 visa is initially granted for up to 30 months, with the possibility of extending it for an additional 30 months, to a maximum of five years total.
- Dependents: Spouses and unmarried children under 21 of R-1 visa holders may enter the U.S. on an R-2 visa, but they are not permitted to work in the U.S.
Application Process:
- Petition by Employer: The U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must include proof of the religious organization’s tax-exempt status and evidence of the religious worker’s qualification.
- Visa Application: After the petition is approved, the religious worker applies for the R-1 visa at a U.S. embassy or consulate.
This visa is ideal for foreign religious workers who seek to carry out their vocation in religious communities within the United States.