Immigration

There are three general non-immigrant visa categories available to those wishing to enter the United States for a temporary, non-employment purpose: 

Business Visitor (B-1)

The B-1 Business Visitor classification is available to those wishing to enter the United States on a temporary basis for the purposes of business or limited training. A B-1 visitor is not permitted to accept employment while in the United States and may not accept any form of salary. A home-country employer or an inviting organization in the United States may cover expenses incurred during the visit. 

Permitted activities under the B-1 classification include but are not limited to:  

• Meeting with business associates 
• Attending conferences or conventions
• Settling an estate
• Participating in limited training programs (enrolling in a school is prohibited) 
• Inspecting, researching and negotiating investment opportunities  

Visitor for Pleasure (B-2)

The B-2 Visitor classification is available to those wishing to enter the United States on a temporary basis for pleasure or tourism. This is the primary classification available to those wishing to vacation, visit friends or family, or otherwise spend a temporary amount of time of a non-business nature in the United States. As with all visitor visas, the holder is not allowed to accept employment while holding the B-2 classification. However, a family member, friend or organization can provide lodging and limited funds for the upkeep of the visitor during their stay.  

Visa Waiver Program 

The Visa Waiver Program allows nationals of qualifying countries to travel to the United States for a maximum of 90 days without having to obtain a visa. The purpose of the trip can be for business or pleasure but employment is not allowed.   

Click here to see a full and current list of Visa Waiver Program participating countries.

While their are many employment-based non-immigrant visas available, the following are the most commonly utilized when entering the United States for a temporary period of time:  

Petitioning For a Non-immigrant Employee

Employers wishing to employ an individual using a non-immigrant visa, must first obtain approval from United Stats Citizenship and Immigration Service (USCIS). Approval is obtained through a petition process in which the employer petitions USCIS for permission to employ the prospective non-immigrant employee. 

The petition process generally requires the employer to disclose information regarding the employer's business and financials, as well as a description of the position to be filled by the prospective non-immigrant employee. The employer is also required to submit the prospective employee's credentials to verify that he or she is qualified to meet the requirements of the particular employment-based visa category.   

Specialty Occupation (H-1B)

The H-1B Visa is reserved for individuals classified as being members of a specialty occupation, entering the United States to work within that occupation. Specialty occupations are generally described as occupations requiring the attainment of at least a U.S. Bachelor's degree or its foreign equivalent from an institute of higher education.  

To qualify for an H-1B Visa, the employer must show that the position to be filled by the prospective employee is one which normally would require someone with a skill set equal to that of a specialty occupation as defined above. Furthermore, the employer must prove that it is willing and able to pay a salary at least equal to that of someone in a similar position and in a similar geographic location within the United States. 

There is an annual cap of 65,000 on the number of H-1B Visas that will be awarded each year. Once this cap is reached, a prospective H-1B employer and employee will have to wait until the next fiscal year (April 1) to apply. While it is impossible to predict how quickly the cap will be met, recent years have shown that there is an increasing demand for this visa category. It is highly likely that the cap will be met within a week or less of the April 1st opening. For this reason, it is advised that all H-1B applications be completed and ready for submission prior to cap opening so that they reach USCIS on the April 1st opening. Applications received by USCIS prior to April 1st will not be accepted. 

Treaty Trader (E-1)

The E-1 Treaty Trader classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of an E-1 visa holder may also qualify for this classification  

For more information on obtaining an E-1 Visa classification please go to the "Immigration Through Investment" tab to your left.  

Treaty Investor (E-2)

The E-2 Treaty Investor classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States for the purposes of investing a substantial amount of capital in a U.S. enterprise. 'Investment' can mean investing in an existing business or opening a new business. Certain employees of the E-2 visa holder may also qualify for this classification. 

 For more information on obtaining an E-2 Visa classification please go to the "Immigration Through Investment" tab to your left.  

Intra-company Transferee (L)

L-1A Intracompany Transferee Executive or Manager 

The L-1A Visa classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States for the purpose of establishing such an office. 

L-1B Intracompany Transferee Specialized Knowledge  

The L-1B Visa classification allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization's interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States for the purpose of assisting with the establishment of such an office.  

Religious Worker (R-1)

The R-1 Religious Worker classification is available to members of a recognized religious group seeking to temporarily enter the United States for the purposes of working in a religious capacity. To be eligible, the employing religious organization must be a legitimate non-profit organization as defined by U.S. tax law and the employee must have been a member of that organization for at least 2 years prior to application.  

Individual With Extraordinary Ability (O) 

The O-1 visa classification is available to individuals who have demonstrated extraordinary ability or talent to the point of being nationally or internationally recognized in their field.  

There are three general non-immigrant visa classifications available for the purposes of studying temporarily in the United States:  

Student (F-1)

The F-1 Academic Student Visa allows a student to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution. The F-1 classification also allows students to enter the United State to take part in language training programs.   

To qualify for F-1 classification, the student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept international students.  

Exchange Program (J-1) 

The J-1 Exchange Visitor Visa classification is available for those who intend to participate in an approved program for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.  

The Department of State designates public and private entities to act as exchange sponsors. 

Vocational Student (M-1) 

The M-1 Vocational Student Visa classification allows students to enter the United States for the purpose of taking part in vocational or other non-academic programs, other than language training. 

There are multiple classifications of permanent immigration (green cards).  Each classification corresponds to the applicant's basis for immigrating to the United States. While green cards can be obtained based on many different circumstances, the most common are listed below: 

 Immediate Relative  

An 'immediate relative' is defined as spouses, unmarried children under the age of 21 and parents of U.S. citizen petitioners aged 21 and older.  

 Family Sponsored 

'Family sponsored' classifications include: unmarried children over the age of 21, married children of any age, siblings of U.S. citizen petitioners aged 21 or older.  

 Family Member of a Permanent Resident (Green Card Holder)

Certain family members of green card  holders can obtain permanent residence based on the existing permanent resident's status. The family members that fall within this classification are: spouses and unmarried children under the age of 21 of the permanent resident. 

 Spouse or Fiancé(e)  of United States Citizen  

Non-Immigrant Visa for a  Fiancé(e) (K-1)

The K-1 Visa classification allows a foreign national Fiancé(e)  of U.S. citizen to enter the United States for the sole purpose of marrying an intended spouse. The marriage must occur within 90 days of arrival in the United States. 

Once in the United States, and after the marriage as occured, the K-1 recipient will apply to adjust status to that of a permanent resident.  

Non-Immigrant Visa for a Spouse (K-3) 

The K-3 Visa classification allows a foreign national spouse of a U.S. citizen to enter the United States while awaiting approval of an immigrant visa (IR1 or CR1) petition.  

Once in the United States, the K-3 recipient will apply to adjust status to that of a permanent resident upon approval of the immigrant visa petition.  

Employment-Based Immigration  

Permanent resident status through a job offer generally requires a United States-based employer to petition to have the prospective employee enter the United States for the purposes of employment. 

Along with general employment-based green cards there are special categories reserved for unique and specific circumstances. These categories are:  

• Member of the Armed Forces
• Foreign translator (Afghan/Iraqi) 
• Broadcaster  
• International organization employee
• Iraqis and Afghans who assist the U.S. government  
• NATO-6 non-immigrant  
• Panama Canal employee  
• Physician National Interest Waiver  
• Religious worker  

Investment-Based Immigration 

Foreign-national entrepreneurs who invest in a commercial enterprise in the United States and who plan to create or preserve at least ten permanent full-time jobs for qualified United States workers, are eligible to apply for a green card. 

You must invest $1,000,000 or $500,000 in a targeted employment area (area deemed by the U.S. government to be a high unemployment or rural area).  

Certain investment-based green cards are set aside for investors in Regional Centers. A Regional Center is any economic entity, public or private, which is involved in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Regional Centers are approved and designated as such by the U.S. government. 

For more information on investment-based immigration, see the "Immigration Through Investment" tab to the left.