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Visa Waiver Program

Under the Visa Waiver Program, the citizens of certain countries may visit the US for business or pleasure for up to 90 days without a visa.

If you enter the US under this program, you cannot extend your stay past 90 days except for very limited circumstances or change to another nonimmigrant status while in the US. Therefore, if you are a citizen of a qualified country but plan to stay past 90 days or to change your status in the US, you may want to consider obtaining a nonimmigrant visa such as B-1 or B-2.

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B-1 Business Visitor Visas

B-1 visas are available to those who wish to enter the US for business purposes that do not involve receiving salary or payment of any kind from a US source. B-1 visas are appropriate for those who want to set up investments or new enterprises, attend professional conferences, conventions or seminars, make purchases and negotiate contracts, among others.

How to Qualify:

1. You must be coming to the US temporarily for business purposes that do not involve receiving salary or payment of any kind from a US source,
2. You have sufficient funds to cover the expenses of the visit and return transportation,
3. You have a residence abroad which you have no intention of abandoning, and
4. You intend to return home at the end of your visit

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B-2 Visitor Visas

B-2 visas are available to those who wish to enter the US for pleasure such as tourism, visiting friends and relatives, participating in convention or conferences of social organization, participating in events as amateurs and receiving medical care, among others.

How to Qualify:

1. You must be coming to the US temporarily for pleasure,
2. You have sufficient funds to cover the expenses of the visit and return transportation,
3. You have a residence abroad which you have no intention of abandoning, and
4. You intend to return home at the end of your visit.

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K-1 Fiance(e) Visas

K-1 fiance(e) visas are available to fiance(e)s of US citizens to enter the US for the sole purpose of completing a valid marriage to each other. They are not available to fiance(e)s of green card holders. K-1 fiance(e)s' unmarried children under 21 years of age are given K-2 derivative status if they are accompanying or following to join the K-1 fiance(e)s.

K-1 visas are valid for 6 months for a single entry only, and the fiance(e) must enter the US within this period. The foreign fiance(e) must marry the US citizen petitioner within 90 days after his or her arrival in the US and file for adjustment of status. If the foreign fiance(e) does not marry the US citizen petitioner within 90 days, the foreign fiance(e) will be required to depart from the US, and failure to depart will render him or her removable. K-1 fiance(e)s cannot file for adjustment of status based on the marriage to someone other than the US citizen who has petitioned his or her K-1 fiance(e) visa. Furthermore, K-1 fiance(e)s are not eligible for an extension of stay or change of status. K-1 visas are automatically terminated when the US citizen petitioner dies or withdraws the petition.

How to Qualify:

1. The US citizen petitioner and the foreign fiance(e) have met in person within the last 2 years prior to the date of filing the petition, unless this requirement is waived,
2. They have a bona fide intention to get married, and
3. They must be legally able and willing to get married within 90 days after the foreign fiance(e) arrives in the US.

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E-1 Treaty Trader Visas

E-1 visas are based on trade treaties between the US and an applicant's country of nationality.

E visa holders are generally admitted for a period of 2 years although E visa stamps are usually granted in 5 year increments. Unlike H-1B and L visas, there is no limit on the number of extensions allowed for E visas. Unlike H-1B visas, E visas are not subject to prevailing wages or an annual cap. Unlike L visas, E visas do not require prior employment with the sponsoring employer or its affiliates abroad.

How to Qualify:

1. A trade treaty must exist between the US and your country,
2. At least 50% of the company is owned by nationals of your country,
3. The owners of the company must either maintain E nonimmigrant status if they are in the US or live outside the US and be eligible for E nonimmigrant status if they were to live in the US. This means that owners who are also US citizens or green card holders cannot be counted toward determining at least 50% ownership, even if they are nationals of your country,
4. You are either an owner of the company or an employee in a managerial or executive capacity or with essential skills,
5. The company has already been engaged in substantial trade principally between the US and your country. The trade must be substantial in terms of dollar amount, volume and frequency, and
6. You intend to depart from the US when your E-1 status terminates.

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E-2 Tready Investor Visas

E-2 visas are based on investment treaties between the US and an applicant's country of nationality.

E visa holders are generally admitted for a period of 2 years although E visa stamps are usually granted in 5 year increments. Unlike H-1B and L visas, there is no limit on the number of extensions allowed for E visas. Unlike H-1B visas, E visas are not subject to prevailing wages or an annual cap. Unlike L visas, E visas do not require prior employment with the sponsoring employer or its affiliates abroad.

How to Qualify:

1. An Investment treaty must exist between the US and your country,
2. At least 50% of the company is owned by nationals of your country,
3. The owners must either maintain E nonimmigrant status if they are in the US or live outside the US and be eligible for E nonimmigrant status if they were to live in the US. This means that owners who are also US citizens or permanent resident cannot be counted toward determining at least 50% ownership, even if they are nationals of your country,
4. You are either an owner of the company or an employee in a managerial or executive capacity or with essential skills,
5. The owner either has already made a substantial investment or is actively in the process of making a substantial investment in the US enterprise. The investment must be substantial in terms of dollar amount, capitalization and job creation, but what is considered substantial depends on the type of business, and
6. You intend to depart from the US when your E-2 status terminates.

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H-1B Professional Worker Visas

H-1B visas are available to those who wish to enter the US to perform services in a specialty occupation, requiring at least a bachelor's degree or equivalent work experience in a specialized field. While H-1B visas are typically used by holders of a US bachelor's degree, they are also available to those who have obtained their education or equivalent work experience abroad. As no prior work experience is required, H-1B visas are frequently utilized by US companies wishing to employ foreign workers who have recently attained a US bachelor's degree in a specialized field. H-1B visa holders are allowed to have "dual intent".

H-1B visas are subject to an annual cap of 65,000. However, 6,800 of those are set aside for nationals of Chile and Singapore. Therefore, in actuality, there are only 58,200 H-1B visas available for any fiscal year (October 1 – September 30).

There are some cap-exempt petitions:

1. You are already in H-1B status and wish to extend your status or change your employer.
2. You have been granted H-1B status in the past 6 years and have not left the US for longer than 1 year since attaining such status.
3. You are a physician who has received a J-1 waiver of the 2-year home residency requirement.
4. Your sponsoring employer is an institution of higher education or a nonprofit organization or entity related to or affiliated with an institution of higher education or a nonprofit research organization or a governmental research organization.
5. You have earned a US master’s or higher degree (the first 20,000 H-1B petitions).

H-1B visa holders may be admitted for up to a maximum initial period of 3 years. H-1B visas may be extended for 3 years with a total maximum period of 6 years. If you have reached the maximum period of stay, you are generally barred from reentering the US in either H or L status until you have resided abroad for 1 year.

There is an exception to this general rule, however. In November 2002, President Bush signed the 21st Century Department of Justice Appropriations Authorization Act (H.R.2215) into law. Under this new law, if 365 days or more have elapsed since the filing of a labor certification application or an immigrant visa petition, H-1B status may be extended in 1 year increments until a final decision is made. When a labor certification application, an immigrant visa petition or an application for adjustment of status is denied, the extended H-1B status will be terminated immediately. If the employment-based immigrant visa petition (I-140) is approved, H-1B status may be extended in 3 year increments.

Spouse and unmarried children under 21 years of age of H-1B visa holders may obtain H-4 visas.

How to Qualify:

1. You have a bachelor’s degree or the equivalent in education and/or experience (3 years of experience can be substituted for each year of college-level education that you lack),
2. Your job must be a specialty occupation,
3. There is a nexus between the job offered and your background (education and/or experience),
4. If the job has a license requirement, you have that license,
5. You have a job offer by a US employer, and
6. Your employer must pay you the prevailing wage for the position or the actual wage, whichever is higher. Your employer must also offer you the same benefits it offers to other workers in the same or similar position.

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I Representative of Foreign Information Media Visas

I visas are commonly known as journalist visas and are available to members of the foreign information media who wish to enter the US on assignment. I visas cover a wide range of information media outlets and can be quite useful.

Representatives of foreign information media include members of the foreign press, radio, television, film or other information media who are involved in the production of documentary or newsworthy events, or informational or educational material. Reporters, journalists, photographers, film crews, editors and freelance media workers under contract as well as employees of independent production companies who hold credentials issued by a professional journalistic association are all eligible for the I visa classification.

Representatives of foreign information media on I visas must be paid by the sponsoring foreign media and may not receive salary or payment of any kind from a US source. I visa holders may be admitted for the duration of employment or assignment, and there is no limit on the number of extensions allowed for I visas.

Representatives of foreign information media on I visas must be paid by the sponsoring foreign media and may not receive salary or payment of any kind from a US source. I visa holders may be admitted for the duration of employment or assignment, and there is no limit on the number of extensions allowed for I visas.

How to Qualify:

1. You are a representative of a foreign press, radio, film or other information media,
2. You must be entering the US on assignment for the sponsoring foreign media,
3. You are paid by the sponsoring foreign media, and
4. You must work on the production of documentary or newsworthy events, or informational or educational material in the US.

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R-1 Religious Worker Visas

R-1 visas are available to religious workers who seek to enter the US to perform services related to their religious vocation or occupation. Religious workers include (i) ministers, (ii) professional religious workers who engage in an activity in a religious vocation or occupation for which the minimum of a US bachelor's degree or a foreign equivalent degree is required and (iii) other religious workers who engage in a religious vocation or occupation which relates to a traditional religious function.

A religious occupation is defined as an activity that relates to a traditional religious function such as liturgical workers, religious instructors, religious counselors, workers in religious hospitals, religious translators and religious broadcasters, among others.

A religious vocation means a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination such as the taking of vows. Persons with religious vocations such as nuns, monks and religious brothers and sisters may engage in any types of activity within their denomination or its affiliate.

R-1 visa holders may be admitted for up to a maximum initial period of 3 years. R-1 visas may be extended for 2 years with a total maximum period of 5 years. If you have reached the maximum period of stay, you are barred from reentering the US in R status until you have resided abroad for 1 year.

How to Qualify:

1. You have been a member of the denomination for 2 years immediately preceding admission,
2. You are a member of a religious denomination having a bona fide nonprofit, religious organization in the US,
3. The religious denomination and its affiliate must be exempt from taxation under 503(c)(3) of the Internal Revenue Code, or it must qualify for tax-exempt status, and
4. You must be entering the US solely to carry on the vocation of a minister of the religious denomination, or at the request of the organization, to work in a religious vocation or occupation for the denomination or for an organization affiliated with that denomination, whether in a professional capacity or not.

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L-1 Intracompany Transferee Visas

L-1 visas are designed to transfer executives or managers (L-1A) or employees with specialized knowledge (L-1B) within an international organization to its US based operation. L-1 visa holders may be admitted for up to a maximum initial period of 3 years (with 1 year exception for a new office situation).

L visas may be extended in 2 year increments with a total maximum period of 7 years for L-1A executives and managers and 5 years for L-1B specialized knowledge personnel. If you have reached the maximum period of stay, you are barred from reentering the US in either H or L status until you have resided abroad for 1 year. If you wish to remain in the US beyond the maximum period of stay, you may want to consider switching to E visas or applying for a green card. L-1 visa holders are also allowed to have dual intent.

L visas are often utilized when a foreign company opens a new office in the US. The initial period that can be granted in these circumstances is limited to 1 year. Within this 1 year, the US based business must become fully operational, or an extension will not be granted. The law does not specifically provide what the US based business must accomplish within this 1 year period. Rather, it is determined on a case-by-case basis. However, if the US based business is underdeveloped with no employee other than the L visa holder, or it has not generated adequate income, it does not appear favorably in the eyes of an USCIS officer reviewing your extension application.

Because the labor certification is not required for multinational executives or managers, if applying for an immigrant visa is a possibility in the future, obtaining L-1A visas may be beneficial. Furthermore, if the US based business has been doing business for at least 1 year, and you can satisfy the L-1A visa requirements, you may be eligible to apply for a green card directly.

How to Qualify:

1. You have been continuously employed abroad full time for at least 1 of the last 3 years prior to entering the US in L status,
2. You have been employed abroad as an executive, manager or person with specialized knowledge,
3. The company you have worked for abroad is a branch, parent, subsidiary, joint venture partner or affiliate of the US company,
4. You must continue to work either in an executive or managerial capacity or in a position that requires specialized knowledge for the US company, and
5. The company must continue to do business in the US and at least one other country for the duration of your L-1 visa.

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TN Visas for Canadian and Mexican Professionals

TN (Trade NAFTA) visas are available to Canadian and Mexican professionals in certain professions under the North American Free Trade Agreement.

The process of applying for TN visas differs for Canadian and Mexican citizens. Canadian citizens may make an application for TN visas at the border by presenting necessary documentation, and a decision will be rendered on the same day. Canadian citizens do not need to obtain TN visas at a US consulate. Mexican citizens must obtain TN visas before they are admitted to the US in TN status. The applicants may be admitted for up to a maximum initial period of 3 years, and extensions may be granted in 3 year increments with no limit on the number of extensions.

Unlike H-1B visas, there is no prevailing wage requirement for TN visas. TN visas are not subject to an annual cap. However, the USCIS does not recognize "dual intent" for holders of TN status; therefore, if you start the permanent resident process while maintaining TN status, you may encounter some issues and concerns in maintaining or extending your TN status. Furthermore, unlike H-1B visas, TN applicants cannot establish equivalency to a bachelor's degree by showing a combination of experience and education for TN purposes.

Spouse and unmarried children under 21 years of age of TN visa holders may obtain TD visas. Spouses of TN visa holders are not allowed to engage in employment in the US. Spouses and children do not need to be citizens of Canada or Mexico to receive TD visas.

How to Qualify:

1. You must be a Canadian or Mexican citizen (permanent residents are not eligible),
2. You have an offer of employment from an employer in the US,
3. You must engage in employment in one of the approved professions listed under the NAFTA (Appendix 1603.D.1),
4. You possess the necessary credentials for that profession. A bachelor's degree or higher is usually required unless alternative qualifications are specifically permitted, and
5. You intend to depart the US when your TN status terminates.

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O-1 Individual of Extraordinary Ability Visas

O-1 visas are available to those who possess extraordinary ability in the sciences, arts, education, business or athletics. Extraordinary ability is defined differently depending upon the field of endeavor. Extraordinary ability in the sciences, education, business or athletics must be demonstrated by a level of expertise indicating that the person is one of the small percentages that has risen to the top of his or her field. The field of arts is defined very broadly and includes performing arts, fine arts, visual arts and culinary arts, among others. Extraordinary ability in the arts must be demonstrated by distinction. Distinction is defined as a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is described as prominent, renowned, leading or well known in the field.

O-1 individuals of extraordinary ability are initially admitted for a period of 3 years or for the time necessary to complete the event or activity or group of events or activities, whichever is less. Because there is no limit on the number of extensions allowed for O-1 visas, extension may be obtained to continue or complete the same events or activities in 1 year increments.

How to Qualify:

1. You have extraordinary ability in the sciences, arts, education, business or athletics,
2. Your extraordinary ability is demonstrated by sustained national or international acclaim,
3. Your achievements is recognized in the field through extensive documentation,
4. You must be entering the US to continue working in your field of endeavor, and
5. A consultation from an appropriate peer group or labor organization in the field must be obtained. In the case of television and motion picture, a consultation from a management organization is also required.

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P Athlete and Entertainer Visas

P visas are available to athletes and entertainers who wish to enter the US temporarily to perform in a competition, event or performance but may not meet the extraordinary ability standard required for the O visa category. Generally speaking, P visas are more appropriate for group entertainers. For athletes, P visas are easier to obtain.

There are 3 types of P visas: P-1 Visas

P-1 visas are available to internationally known athletes, individually or as part of a group or team and entertainment groups.

Individual athletes, athletic teams and entertainment group must be internationally recognized. International recognition is defined as "a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading or well known in more than one country." Athletes themselves must be internationally recognized. In addition, if it involves a team sport, an athletic team itself must have achieved international recognition in the sport.

Individual entertainers must be part of an entertainment group that has been internationally recognized as outstanding in the field for a sustained period of time. The individual entertainers must have had a sustained relationship with the group, generally 1 year with some exceptions. The entertainment group, not individual entertainers must be internationally recognized. Individual members of the entertainment industry are not eligible for P-1 category. Rather, they should look into the O visa category.

P-2 Visas

P-2 visas are available to artists or entertainers, individually or as part of a group involved in a reciprocal exchange program between an organization in the US and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

P-3 Visas

P-3 visas are available to culturally unique artists and entertainers, individually or as part of a group to perform, teach or coach their particular art or discipline. Culturally unique means "a style of artistic expression, methodology or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons.

All 3 categories include essential personnel.

Spouse and unmarried children under 21 years of age of P visa holders may obtain P-4 visas. However, spouses of P visa holders are not allowed to engage in employment in the US.

Admission in the P visa categories is limited to a specific competition, event or performance. Individual athletes may be admitted for 5 years, and it may be extended for up to 5 years with a total maximum period of 10 years. Others may be admitted for the time needed to complete the competition, event or performance, not to exceed 1 year. Extensions are granted up to 1 year at a time to continue or complete the activity for which they were admitted.