TEMPORARY VISAS

B-1/B-2 Visitor's Visas

Available for visits to the U.S. for business or pleasure. B-1/B-2 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa in a category commonly referred to as a Visa Waiver.

E-1/E-2 Treaty Trader and Investor Visas

Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the U.S. conferring visa eligibility.

F-1 and M-1 Student Visas

Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.

H-1B Specialty Occupation (Professionals) Visas

Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position. Although considered a temporary visa, it is possible to later convert an H-1B Visa to a permanent visa (green card) if certain conditions exist.

J-1 and Q-1 Exchange Visitor Visas

Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs.

In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. A complex application process exists for seeking a waiver to the home residency requirement that applies to many J-1 visa holders.

K-1 Fiancé Visas

A Fiancé of a U.S. citizen is eligible for a non-immigrant visa allowing them to enter the U.S. on the condition they are married within 90 days. Thereafter, the non-immigrant can apply for a permanent visa (green card).

L-1 Intracompany Transfer Visas

L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer's U.S. subsidiary or affiliate. Executives and those employees in a managerial capacity may later be eligible for permanent residency without the need for a labor certification.

O-1 Extraordinary Ability Worker Visas

The O-1 category is set-aside for foreign nationals with extraordinary ability. Typically, this category is reserved for entertainers, athletes, scientists, and businessmen.

P-1 Artists and Athletes Visas

This category is reserved primarily for athletes, artists and entertainers.

R-1 Religious Worker Visas

Certain religious employees and clergy may be eligible for an R-1 visa.

TN Status Under the North American Free Trade Agreement

A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement.

PERMANENT RESIDENCY VISAS ("Green Cards"):

Family Sponsored Immigration 

U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers

A special category for coveted individuals that permit application for permanent residency without having to go through the time-consuming labor certification process.

EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business

This category requires one to have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.

EB-3 Skilled Workers and Professionals

Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

EB-4 Special Immigrant Visas for Religious Workers 

Ministers of religion are eligible for permanent residency.

EB-5 Investor/Employment Creation Visas

Under the 1990 Immigration Act, Congress has set aside up a limited number of visas per year for foreign alien investors who must invest a considerable sum of money, sometimes less in impoverished geographic locations, the goal of which is to create jobs in the U.S. individuals.

DV-1 Visas (the "Green Card Lottery")

This is referred to as the diversified visa lottery. The INS sets aside a limited number of visas per year available in a random drawing to individuals from nations underrepresented in the total immigrant pool.

Refugee and Asylum Applications

This category is reserved for those with a well-documented risk and fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion. Asylum applications are generally difficult to obtain and the alien’s country of origin is a very important consideration in obtaining approval of asylum status.