Answer to Question 9

 

What are the different common non-immigrant visas?

The following list is a brief and general description of the most common nonimmigrant visas. Each description is cursory and general in nature and does attempt to discuss in detail the basis for qualification or its conditions and/or limitations. The designated visa symbol is in parenthesis, e.g., (B-1).

(B-1) BUSINESS VISA

An alien entering the United States for business purposes. The business visitor generally will be granted only a period of entry necessary to conduct his or her business. In practice, most visits are approved for three months or less, depending upon the business necessity, and only in unusual circumstances would an initial stay of more than six months be given upon entry. Extensions maybe granted upon approval by the United States Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service).

 

(B-2) TOURIST VISA

An alien entering the United States for tourism. The tourist visitor is normally granted a six months visit which can usually be extended for an additional six months upon approval of the Immigration and Naturalization Service (INS). As a B-2 visitor, one’s entry must be temporary in nature and cannot involve employment in the United States. Any unauthorized employment will subject the alien to deportation.

 

(C-1) TRANSIT VISA

An alien in (immediate and continuous) transit through the United States without visa privilege to another country.

 

(D-1) CREW MEMBER VISA

An alien crew member is a person serving in good faith aboard a vessel or aircraft who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft.

 

(E-1) TREATY TRADER VISA

An alien who will be coming to the United States solely to  carry on trade of a substantial nature, either on the alien's behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national. There must be a treaty in existence between the United States and the alien’s country of birth or citizenship.

 

(E-2) TREATY INVESTOR VISA

An alien has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States and is seeking entry solely to develop and direct the enterprise. There must be a treaty in existence between the United States and the alien’s country of birth or citizenship.

 

(F-1) STUDENT VISA

An alien may qualify for a student visa to pursue a full course of study at an qualifying college, university, seminary, conservatory, academic high school, elementary school, other academic institution or language training programs. Students admitted as an F-1 are permitted to remain for duration of status to complete the program.

 

(H-1B) OCCUPATIONAL VISA

An alien who is coming temporarily to the United States to perform services in a specialty occupation or to perform services as a fashion model of distinguished merit and ability or to perform services of an exceptional nature requiring exceptional merit and ability relating to cooperative research and development project or a co-production project provided for under a Government-to-Government agreement. Specialty Occupations are similar in definition to professionals. Specialty occupation means an occupation which requires a theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum requirement for entry into the occupation in the United States.

 

(H-2A) AGRICULTURAL TEMPORARY WORKER VISA

An alien who is coming temporarily to the United States to perform agricultural work of a temporary or seasonal nature.

 

(H-2B) NONAGRICULTURAL TEMPORARY WORKER VISA

An alien coming temporarily to the United States in order to perform nonagricultural work of a temporary or seasonal nature in short supply. This classification requires a temporary labor certification to be issued by the Department of Labor.

 

(H-3) ALIEN TRAINEE VISA

An alien coming temporarily to the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor. Regulations require that the training program must not be designed primarily to provide productive employment.

 

(J-1) EXCHANGE VISITOR VISA

An alien coming temporarily to the United States as a foreign student, scholar, trainee, teacher, professor, research assistant, specialist, medical intern or resident, or leader in a field of specialized knowledge or skill, or a person of similar description, to participant in an approved government Exchange-Visitor Program for the purpose of gaining experience, studying or doing research in their respective field.

 

(K-1) FIANCE(E) VISA

An alien who has an approved fiance(e) petition from the Immigration and Naturalization Service and is entering the United States in order to marry the petitioning United States citizen within 90 days of entry. Children under twenty-one are usually granted (K-2) nonimmigrant status.

 

(K-3) ALIEN SPOUSAL VISA

An alien must prove that his/her marriage to a United States citizen is valid and that she/he is the beneficiary of an I-130 Petition already filed with the United States Citizenship and Immigration Services, United States Department of Homeland Security as a spouse of a United States citizen, but which Petition has not yet been approved by the United States Citizenship and Immigration Services. Children under twenty-one are usually granted (K-4) nonimmigrant status. 

 

(L-1) INTRA-COMPANY TRANSFEREE VISA

An alien who, within three years proceeding the application for admission into the United States, has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to be employed by a parent, branch, affiliate or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. L-1A refers to executive or managerial capacity position; L-1B refers to specialized knowledge capacity position.

 

(M-1) VOCATIONAL OR RECOGNIED NONACADEMIC VISA

An alien coming temporarily to the United States to study in established vocational or other recognized nonacademic institutions, other than in language training programs.

 

(O-1) EXTRAORDINARY ABILITY VISA

An alien with extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim or an alien who has demonstrated record of extraordinary achievement in motion picture and/or television productions, who seeks temporary admission into the United States, to continue work in the area of extraordinary ability or achievement.

 

(O-2) ESSENTIAL SUPPORT OF O-1 VISA

An alien who is seeking entry into the United States  temporarily for the sole purpose to assist in the artistic or athletic performance by an O-1. 

 

(P-1) PERFORMING ARTISTS AND ATHLETES VISA

An alien who is coming to the United States temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level or performance, or to perform with, or as an integral and essential part of the performance of, and entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time.

 

(P-2) RECIPROCAL EXCHANGE ARTISTS AND ENTERTAINERS VISA

An alien who is entering temporarily as an artist or entertainer (individual or group), or to perform as an integral part of the performance of such group, and who seeks to perform under a reciprocal exchange program.

 

(P-3) CULTURALLY UNIQUE ARTISTS AND ENTERTAINERS VISA

An alien who temporarily enters as artist or entertainer who performs as a individual or as part of a group, or as an integral part of the performance of the group, to perform,  teach, or coach under a commercial or noncommercial program which is culturally unique.

 

(Q-1) INTERNATIONAL CULTURAL VISITOR VISA

Certain aliens participating in cultural exchange programs approved by the Attorney General may temporarily enter the United States, for the purpose of providing practical training, employment and the sharing of history, culture, and traditions of the participant’s nationality.

 

(R-1) RELIGIOUS VISA

An alien, who has for at least two years preceding the application for admission, has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States may be admitted temporarily to perform the services as a minister of religion, to work for the religious organization in a professional capacity, or work for the religious organization in a religious vocation or occupation. 

 

(TN) NAFTA VISA

An alien entering temporarily pursuant to the North American Free Trade Agreement to perform services.

 

(V-1, V-2) VISA

Certain spouses of lawful permanent residents and the children of those spouses to travel to and from the United States and to reside in the United States while they wait for the final completion of their immigration process. It does not matter whether that process will be completed by adjusting status in the United States or in securing an immigrant visa overseas.

 

(WT) TOURISM WAIVER VISA

An alien who temporarily enters the United States under the visa waiver pilot program for tourism. Only specified countries are listed on the current visa waiver list. Under the visa waiver program the visa requirement is waived and one may enter for up to ninety days without having to obtain a B-2 visa.

 

(WB) BUSINESS WAIVER VISA

An alien who temporarily enters the United States under the visa waiver pilot program as a business visitor. Only specified countries are listed on the current visa waiver list. Under the visa waiver program the visa requirement is waived and one may enter for up to ninety days without having to obtain a B-1 visa.

 

 
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