United States Immigration and Nationality Law
Law Services: Other Non-Immigrant Visas
In General, a foreign national who wants to enter the United States must first obtain a visa; either a Non-Immigrant visa for temporary stay or an Immigrant visa for permanent residence. There are many different types of Non-Immigrant (temporary) visas. The following is a brief discussion of some of the most popular Non-Immigrant visas our office assists clients with. (For a discussion of H-1B specialty occupation workers, please refer to the "H-1B" link on this website).
B-1/B-2 (BUSINESS VISITORS/VISITORS FOR PLEASURE):
The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure (B-2). Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.
Visitor visa applicants must show that they qualify under provisions of the Immigration laws. Visa applicants for visitor visas must demonstrate that:
- The purpose of their trip is to enter the U.S. for business or pleasure.
- They plan to remain for a specific, limited period of time; and
- They have a residence outside the U.S., as well as other binding ties which will ensure their return abroad at the end of the visit.
- Knowledge and understanding of U.S. history and government.
- Good moral character.
At the port of entry, an Immigration Official must authorize the visitor's admission to the U.S. At that time, Form I-94 ("Record of Arrival-Departure"), which states the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must apply to extend their stay. The decision to grant or deny a request for extension of stay is made solely by the USCIS.
F-1/M (STUDENTS):
F-1: This visa category is for students enrolled in academic education programs. The student must be enrolled in a school approved for the attendance of foreign students and must be enrolled in a fulltime course of study. The most common programs F-1 students enroll in are for Associate's, Bachelor's, Master's or Doctorate degrees. The visa is valid for the duration of status in the program.
M: This visa category is for students enrolled in vocational or nonacademic programs. The visa is valid for the time necessary to complete the course.
E-1/E-2 (TREATY TRADERS/TREATY INVESTORS):
E-1 (Treaty-Trader): The foreign trader must be a national of a country that has a treaty with the United States. There must be more than 50% of total international trade between the treaty country and the United States. The trade must be substantial and cannot be based on a singe transaction, but on continuous flow of international trade between the two countries. The period of admission is 2 years with up to 2 years per extension with NO maximum number of extensions (with some exceptions).
E-2 (Treaty-Investor): The foreign investor must invest/be actively in the process of investing at-risk funds in a U.S. business. The investment must be substantial. The investment can be in a new, continuing or franchise business. The period of admission is 2 years with up to 2 years per extension with NO maximum number of extensions.
E-1/E-2 Employees: Foreign nationals can also be petitioned by a business as an Employee of the Treaty-Trader or Treaty-Investor, as long as the employer holds treaty status (if they are in the United States) or must be eligible to do so (if outside the United States). The employee must either be an executive or supervisor, or non-supervisory personnel with "essential skills".
E-3 (AUSTRALIAN NATIONALS SPECIALITY OCCUPATION WORKERS):
E-3: This is a new visa category, similar to the H-1B visa, but specifically for Australian nationals to perform specialty occupation services in the United States. The period of admission is 2 years with up to 2 years per extension with NO maximum number of extensions
TN (MEXICAN AND CANADIAN NATIONAL PROFESSIONALS PURSUANT TO NAFTA):
TN: This visa is reserved for Mexican or Canadian nationals who intend to enter the United States on a temporary, 1 year basis in an occupation enumerated under the North American Free Trade Agreement. This visa may be extended in 1 year increments, but the foreign worker CANNOT have intent to immigrate.
L-1A/L-1B (MULTI-NATIONAL EXECUTIVES/MANAGERS OR EMPLOYEES WITH SPECIALIZED KNOWLEDGE):
L-1A: This category is utilized when a foreign company's executive or manage will be transferred to a U.S. branch, subsidiary or affiliate company. The executive or manager must have worked for the foreign entity for 1out of the past 3 years. The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start) with extensions not to exceed a total period of stay of 7 years.
L-1B: This category is limited to "specialized knowledge employees" who have worked for the foreign company abroad for at least 1 year in the last 3 years and will be placed at a U.S. branch, subsidiary or affiliate office. The employee must possess either: special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company. The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start) with extensions not to exceed a total period of stay of 5 years.
H-3 (TRAINEES):
H-3: This category is utilized by U.S. companies and institutions in order to bring foreign nationals to the U.S. to participate in an existing training program, which is unavailable in the foreign national's home country. The training program may not last for more than a duration of 2 years and the trainee may not engage in productive employment. The training of the foreign national cannot be used with the intention of employing them in the United States.
R-1 (RELIGIOUS WORKERS):
R-1: Generally, this visa is for Ministers or persons working in a professional capacity in a religious vocation or occupation to temporarily work for a religious organization or faith in the United States. Entry is limited to a maximum of 5 years.
- A period of continuous residence and physical presence in the United States.
- Residence in a particular USCIS District prior to filing.
- Ability to read, write and speak English.
- Knowledge and understanding of U.S. history and government.
- Good moral character.
For more information on the Non-Immigrant visa categories listed above, or for others not mentioned on our site, please contact our office at (310) 475-4779 or email us at hassonlaw@hotmail.com.
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10850 Wilshire Blvd
Suite 750
Los Angeles, CA 90024
Tel: (310)475-4779
Fax: (310)475-8144
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Aron Hasson, Founder Aron obtained his Bachelor's Degree from the University of California, Santa Barbara in 1974 and his Juris Doctor Degree from the University of La Verne in August 1978.
Marlene Hemmings, Senior Associate with the firm, has been practicing Immigration and Nationality Law since 1997...
Suite 750
Los Angeles, CA 90024
Tel: (310)475-4779
Fax: (310)475-8144
Click for map
Aron Hasson, Founder Aron obtained his Bachelor's Degree from the University of California, Santa Barbara in 1974 and his Juris Doctor Degree from the University of La Verne in August 1978.
Marlene Hemmings, Senior Associate with the firm, has been practicing Immigration and Nationality Law since 1997...