Non-immigrant visas are granted to foreign citizens who wish to visit the United States for some length of time. Some non-immigrant visas are for short bouts of travel and work trips, while other visas are for several years of employment. Most non-immigrant visas are granted on the understanding that the visa holder does not have plans to stay in the United States permanently. However, some temporary visa options allow the foreign national to later adjust to permanent residency.
At Feldman Feldman & Associates, we are committed to assisting our clients with their visa needs, including a wide range of non-immigrant visas. We can help you understand which visa is right for your goals as well as which steps to take in order to successfully secure a visa. Incorrectly navigating the visa process can delay your entry and derail your plans for work or travel.
Non-Immigrant Visa Immigration Options
- B Visas. The B-1 visa is a temporary visa designed for foreign workers who are traveling to the United States for business reasons. B-1 visa holders cannot hold jobs in the U.S. and must prove that they plan to return to their home country. The B-2 visa for temporary visitors is the most common visa granted to foreigners. Tourists or those who are visiting for business may visit for up to six months, though applicants can petition the USCIS to stay for up to one year. B visa holders must prove they have funds to pay for their time in the United States and that they do not plan to stay permanently.
- E Visas. These treaty visas are available to the citizens of a specific list of countries who have treaties with the United States. Foreigners with E-1 visas are able to come to the U.S. to engage in trade and commercial enterprise. E-2 visa holders may came to the U.S. in order to invest funds into our economy. E-3 visas are specifically for use by Australians and came into existence after a specific treaty was formed between the United States and Australia. Spouses of E visa holders can obtain a dependent visa which allows them to apply for work authorization (an EAD card) once they are in the United States. Their work authorization allows them to work for any employer they wish.
- L-1 Visas. L-1 visas are for intra-company transfers. Specifically, executives, managers, or specialized workers who are needed to work in United States offices can transfer to the United States for limited periods of time after obtaining this visa. These visa holders must be either executives, managers, or have special skills and knowledge related to their company. Spouses of L-1 visa holders may obtain an L-2 visa and can also obtain an open market work permit.
- H Visas. The H-1B visa is a popular employment visa for skilled workers in specialty occupations with a college degree or equivalent experience. These visas last for up to three years and can be renewed after that time period for a maximum of six years (unless the permanent residency process has been started and reached a certain point of the process). Each year, 65,000 H-1B visas are issued and an additional 20,000 are offered to those with advanced degrees from U.S. colleges and universities. H-2 visas are issued to temporary, seasonal workers.
- TN Visas. Citizens of Canada and Mexico may qualify for this visa if they wish to work in the United States in specific professions on a temporary basis.
- K Visas. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the country for up to 90 days to get married. If considering a marriage green card, you should discuss your situation with an immigration attorney as there are 3 different routes to obtaining permanent residency based on your marriage to a US Citizen (K-1 Fiance visa, adjustment of status and consular processing for the marriage green card). Aside from the popular K-1 visa there is also a K-2, K-3, and K-4 visa. The K-2 and K-4 visas are issued to the unmarried minor children of the fiancé(e) or spouse to enter the United States. The K-3 visa allows the spouse of a U.S. citizen to live in the United States while going through the process.
- O Visas. O-1 visas are for those with extraordinary ability in the arts, sciences, education, business and athletics. They allow these individuals to temporary stay in the United States for visits related to their talent, such as tours, exhibits, and projects. O-2 visas are for those who accompany the person (or people) with extraordinary ability to help with their performance or competition. O-3 visas are for the family members of O-1 and O-2 visa holders.
- P Visas. P visas are for athletes and their support staff. Individual athletes or teams can obtain a P-1A visa. The P-1A visa can be for a specific competition or event, or it can be for a longer duration if the athlete has numerous competitions. An individual can receive a P-1A visa for up to 5 years while a group can obtain a visa for only 1 year. Entertainment groups can obtain P-1b visas valid for the length of the engagement, but no longer than 1 year at a time. There is also the P-3 category for artists or entertainers coming to perform or to teach or coach. Spouses and children of each of these categories may obtain P-4 visas which allow them to reside in the U.S. but they cannot work on P-4 status.
- J-1 Visas. J-1 exchange visas are for students, scholars, trainees, teachers, professors, research assistants, or specialists who come to the United States as part of an exchange program. One thing to be aware of is that sometimes J-1 visa holders are subject to a two year foreign residency requirement upon completion of their program. If subject to this requirement it could negatively impact future plans if not properly analyzed.
- F-1 Visas. This popular visa is for any foreigner who wishes to pursue a course of study in the United States, including a high school, college, or university. Students must plan to return to their home country after completing their studies.
- M-1 Visas. These visas are specifically for students who are coming to the United States temporarily in order to attend a vocational school or other non-academic institution.
- R-1 Visas. This visa is for religious workers, such as ministers. The religion must be recognized as a non-profit religious organization by the United States and the worker must be coming to the U.S. to work for his or her place of worship.
Obtain Your Work Visa With Our Assistance
It can be difficult to know what kind of non-immigrant visa fits your needs. In addition, it can be difficult to navigate the visa process once you have found the visa that is right for you. At Feldman Feldman & Associates, we are here to assist you with all of your visa needs, from start to finish. To speak to one of our California immigration attorneys today, please contact our offices.