Non-Immigrant Visas

B-1 Visa – Business Activities: For short-term business activities. Valid for up to one year. Proof of temporary stay and financial capability required. Guidelines in 8 U.S.C. § 1101(a)(15)(B); and, U.S. Department of State Foreign Affairs Manual 9 FAM 402.2.

B-2 Visa – Non-Business, Leisure, Medical Activities: For non-business visits. Covers tourism, medical treatment, and recreational activities. Typically valid for up to six months, with renewals possible. Requires proof of temporary stay and financial capability. Guidelines in 8 U.S.C. § 1101(a)(15)(B); and, U.S. Department of State Foreign Affairs Manual 9 FAM 402.2.

The D Visa is designed for foreign crew members involved in the normal operation and service on board a vessel or aircraft. Eligibility includes:

1. Vessel or Aircraft Service:

• Foreign national crew members intending to temporarily pass through the U.S. and depart with the same vessel or aircraft.

2. Fishing Vessel Crew:

• Foreign national crew members serving on a U.S.-based fishing vessel, intending to land temporarily in Guam or the Commonwealth of the Northern Mariana Islands and depart with the same vessel.

3. Liquid Cargo Transfer Crew:

• Alien crewmen engaged in ship-to-ship liquid cargo transfer operations, intending to land temporarily for crew duties and depart within 180 days.

For additional information, please see:

INA § 101(a)(15)(D); and, 9 FAM 402.4.

E visas are for foreign businesspeople involved in international trade (E-1), or investing capital in a U.S. business (E-2). Exclusive to individuals from treaty countries, eligibility hinges on the purpose and nature of their activities.

Key Points to Consider:

1. Capital Utilization:

• Determine whether you are using your capital or facilitating someone else’s investment.

2. Treaty Country Criteria:

• Check if you and your company are from a country with treaties allowing trade or investment with the U.S.

3. Substantial Evidence:

• Provide legitimate and substantial evidence of trade or investment between the U.S. and your home country.

4. Specialty Occupation Services:

• Confirm if you provide services in a specialty occupation (Specific conditions for Commonwealth of Australia nationals).

Additional Note:

• Spouses and children are also eligible for E visas.

For a comprehensive assessment of your eligibility and guidance through the requirements, consider consulting with an immigration attorney.

The F visa is designed for international students pursuing academic endeavors in the United States, including primary school to graduate and professional programs. Immediate relatives may qualify for F-2 visas.

Key Visa Information:

• Requirements:
  • Admission and Form I-20 from a Student and Exchange Visitor Program (SEVP)-certified school.
  • Evidence of adequate financial support.
  • Individual Form I-20 for each family member
• Compliance Guidelines:
  • Properly endorsed Form I-20 needed for re-entry after temporary absences.
  • Adherence to duration of status and transition regulations, and active engagement in studies or authorized training are necessary for maintaining the status.
  • Annual vacations must align with eligibility criteria.
  • The student must retain the intent for temporary stay for the duration of the F-1 visa to maintain status.
• Work and Practical Training Opportunities:
  • Offers Optional Practical Training (OPT) for practical experience post-studies.
  • On-campus employment opportunities are available during the first academic year.
  • Approved off-campus practical training may be an option after the first year.
  • Severe economic hardship may become a legitimate reason for obtaining permission to work off-campus under specific circumstances.
• Legal Framework References:
  • Immigration and Nationality Act (INA) § 101(a)(15)(F).
  • U.S. Department of State Foreign Affairs Manual 9 FAM 402.5 – Students and Exchange Visitors (F/M/J Visas).

For further information, please see:

8 C.F.R. § 214.2(g);, 8 U.S.C. § 1101(a)(15)(G); and, U.S. Department of State Foreign Affairs Manual 9 FAM 402.3 – International Organization Aliens – A and G Visas.

The H visa process entails a comprehensive job offer from a U.S.-based employer, USCIS petition approval, and providing evidence of qualifications for the intended role.

H Visas comprise various subtypes tailored to specific employment needs:

1. H-1B Visas: Targeted at specialized occupations, such as accountants and university professors, requiring highly specialized knowledge and a minimum of a bachelor's degree or equivalent experience (3 years of relevant experience, can be equivalent to 1 year of the required education), or fashion models qualified under the law. The annual cap is 65,000, with an additional 20,000 exclusively for qualified foreign nationals with U.S. master's degrees and above. Renewals are exempt from the annual cap.
2. H-2A Visas: Designed for seasonal agricultural work, addressing the temporary and seasonal nature of agricultural employment. There is no annual cap on H-2A visas.
3. H-2B Visas: Aimed at temporary nonagricultural workers, catering to various employment needs such as amusement park employees or seasonal restaurant staff. The annual cap is set at 66,000.
4. H-3 Visas: Issued for job-related trainees, providing flexibility in the training sector with no annual limit on issuance.

To qualify for any H Visa subtype, a critical aspect involves demonstrating a temporary need for the foreign worker's services, aligning with the core criteria for H Visa qualifications and approval. The petitioner, typically the U.S.-based employer, must showcase the temporary nature of employment.

In conclusion, understanding H Visa subtypes, their requirements, and compliance with INA § 101(a)(15)(H) is crucial for both employers and potential foreign workers seeking temporary employment in the United States.

Media professionals require credential proof to develop and broadcast media stories.  Please see the INA § 101(a)(15)(I)., and U.S. Department of State Foreign Affairs Manual 9 FAM 402.11 - Representatives of Foreign Information Media (I Visas).

Applicants must prove participation in government-approved cultural exchange programs. A foreign individual, maintaining a residence abroad without intent to abandon it, may qualify under this category for a temporary stay in the United States as a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill. This person can engage in activities such as teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. If the individual is entering the U.S. for a program involving graduate medical education or training, they must also meet the requirements of 8 U.S.C. §1182(j). Additionally, the spouse and minor children of this individual are eligible to accompany or join them during their stay.

Please see INA § 101(a)(15)(J); and, U.S. Department of State Foreign Affairs Manual 9 FAM 402.5 - Exchange Visitors (J Visas).

K visas, governed by the Immigration and Nationality Act (INA) § 101(a)(15)(K) allows entry of individuals engaged to marry a U.S. citizen petitioner within 90 days, as well as those who have already married a U.S. citizen petitioner, and minor children of the aforementioned foreign nationals.

Upon marriage, K visa holders can pursue permanent residency through the green card application process. However, it is crucial to note that the K visa is temporary, and failure to marry within the stipulated 90 days requires the noncitizen’s departure from the United States.

Proof of financial self-sufficiency and the integrity of the marriage is critical for those transitioning from K visas to permanent residency. Notably, K visas are not granted for bigamist marriages, emphasizing the commitment to legal and genuine unions.

In summary, this visa category underscores the significance of genuine relationships, ensuring legal marriages within a specified timeframe. Compliance with INA provisions is pivotal for eventual lawful permanent residency in the United States.

Applicants for the L-1 visa category must provide evidence of employment with a multinational company and an intra-company transferee offer from the U.S. branch. This requirement is outlined in the Immigration and Nationality Act (INA) §101(a)(15)(L) and 8 C.F.R. § 214.2(l). The eligibility criteria specify that the applicant, within three years preceding the application, must have been continuously employed for one year by a firm, corporation, or legal entity, or an affiliate or subsidiary thereof. The purpose of their temporary entry into the United States is to continue rendering services to the same employer or a subsidiary or affiliate in a managerial, executive, or specialized knowledge capacity. The L-1 visa category also includes provisions for the alien's spouse and minor children if accompanying or following to join the primary applicant.

O Visas are designed exclusively for individuals with extraordinary abilities in sciences, arts, education, business, athletics, or entertainment, as stipulated in INA § 101(a)(15)(O). To qualify, applicants must demonstrate sustained national or international acclaim, with extensive documentation of their achievements. The O visa process typically involves a U.S. employer petition, unless the applicant's agent petitions on their behalf. This petition should include a detailed itinerary of all scheduled works and contracts.

The O Visa category comprises four specific classifications:

1. O-1A: Recognizing outstanding competence in sciences, education, business, or athletics (excluding arts and entertainment).
2. O-1B: Applicable to unique talents in arts or significant successes in the movie or television sectors.
3. O-2: Tailored for individuals assisting O-1 artists or athletes in specific events or performances.
4. O-3: Reserved for family members (spouses and children) of O-1 and O-2 visa recipients.

Eligibility criteria vary for each subcategory, necessitating continuous national or international recognition or an extraordinary record. The application process involves meticulous documentation, including expert opinions, agreements, and event descriptions. O Visa recipients can initially stay up to three years, with possible extensions, and family members can apply for O-3 visas, allowing study but restricting employment.

Employer transitions require filing a new Form I-129, and adherence to immigration regulations is crucial. In the event of termination, the employer is responsible for funding reasonable return transportation costs.

P Visas cater to internationally recognized athletes, entertainers, and artists coming temporarily to the U.S., as specified in INA § 101(a)(15)(P). This category is tailored for highly talented individuals and groups in the realms of sports, entertainment, and the arts. There are three primary P visa types:

1. P-1A Visas: Designed for athletes performing at an internationally recognized level, either individually or as part of a team.
2. P-1B Visas: Intended for entertainers recognized internationally for outstanding achievements, either individually or as part of a group.
3. P-2 and P-3 Visas: P-2 applies to entertainers or artists in reciprocal exchange programs, while P-3 is for those in culturally unique programs.

For P-1 petitions, consultation with a relevant labor organization and an advisory opinion is required. P visa holders can stay in the U.S. for the duration of their event, competition, or performance, up to one year. However, P-1A athletes have the option to stay up to five years with one five-year renewal.

To qualify for P visas, the applicant must have a foreign residence they don't intend to abandon. They may be artists or entertainers, individually or as part of a group, seeking temporary entry solely for performance purposes or under reciprocal exchange programs. Additionally, they may enter temporarily to perform, teach, or coach as part of a culturally unique commercial or noncommercial program. Spouses and children of P visa recipients can accompany or follow to join the visa holder.

R Visas are for religious workers, requiring proof of religious affiliation, ministerial or religious vocations, and a job offer from a U.S. religious organization. As per INA § 101(a)(15)(R), this visa is for a foreign national, along with their spouse and children, if accompanying or following to join them, who:

1. Has been a member of a religious denomination with a bona fide nonprofit, religious organization in the U.S. for the 2 years preceding the application.
2. Seeks to enter the U.S. for a period not exceeding 5 years to perform specific religious work outlined in the immigration regulations.

S Visas are designated for individuals who collaborate with law enforcement as witnesses or informants in criminal investigations, as specified by 8 U.S.C. § 1101(a)(15)(S) and the U.S. Foreign Affairs Manual 9 FAM 502.7-2. The eligibility criteria, outlined in (S), include individuals:

1. In possession of critical, reliable information about a criminal organization or enterprise.
2. Willing to supply or have supplied such information to law enforcement.
3. Whose presence in the U.S. is deemed essential to the success of an authorized criminal investigation or prosecution.

The application process necessitates presenting reliable and substantial information, with the Justice Department certifying the petitioner's indispensable role. S visas are valid for up to three years, emphasizing the time-limited nature of this classification.

T Visas, established by the Victims of Trafficking and Violence Protection Act of 2000, provide crucial support and protection to victims of human trafficking in the U.S. Lasting up to four years, these visas require active cooperation with law enforcement, proof of being a trafficking victim, and a demonstration of personal suffering. Applicants must show extreme hardship upon removal, emphasizing the humanitarian aspect of the visa.

To qualify, victims must cooperate with law enforcement in human trafficking cases. The visa allows victims to stay in the U.S. for up to four years, but availability is limited to 5,000 visas annually. Understanding T visas is vital for victims seeking assistance after human trafficking. Legal professionals can enhance the application process, ensuring a comprehensive understanding of available options and rights.

U Visas provide essential relief for victims of specific criminal activities within the U.S., allowing them legal recourse and emphasizing the humanitarian aspect of this visa category (8 U.S.C. § 1101(a)(15)(U)).

Key Eligibility Criteria and Process: U visas cater to noncitizen victims of specific violent crimes, requiring their cooperation in criminal investigations or prosecutions. To qualify, applicants must meet stringent criteria, including providing crucial information about the crime and securing certification from a law enforcement authority. This certification reinforces the applicant's cooperation and aids in confirming the legitimacy of their claim.

Duration and Availability: U visa holders can potentially transition to Lawful Permanent Resident (LPR) status after three years. It is important to note that the annual issuance of U visas is capped at 10,000, reflecting a deliberate allocation to address the urgent needs of crime victims seeking legal standing in the United States (U.S.C. § 1184(p)).

Please be advised that immigration laws and requirements can change on a daily basis.  For legal advice that is tailored to your needs, please ensure to consult an immigration attorney.  At KB Immigration Law, LLC, we will be pleased to provide you an in-depth guidance and representation for your specific circumstances. We are equipped to help you understand your immigration options and guide you through the process to improve your chances of a successful outcome.