H1-B Attorney New York & Non-Immigrant Visa Lawyer

To Qualify for a B-1 Business Visa:

• must be a qualifying national who can demonstrate a business related reason for visiting the United States, such as coming for meetings or negotiations – but not permitted to work in the U.S.
• can be admitted for a period of 30 days to 6 months, with possible extensions of up to 1 year

To Qualify for a B-2 Visitor Visa:

• used for vacationing and tourism, etc.
• employment is not permitted
• length of stay is limited to 6 months unless an application for an extension is filed

Treaty Traders (E-1)

To Qualify for an E-1 Visa:

• must be a citizen of a country that has a treaty with the U.S. e.g. UK, France, Pakistan, Italy, Spain, Israel, (not Russia, China, or India)
• your company must have at least half of their business within your home country
• you are an owner or “essential employee” of the company
• the company must be at least 50% owned by nationals of your country
• maximum length of stay is 5 years, but is renewable indefinitely
• under certain circumstances and with the proper strategic planning, the E-1 can be converted into a Green Card if you have 1 year experience working abroad as a manager or executive

Treaty Investors (E-2)

To Qualify for an E-2 Visa:

• must be a citizen of a country that has a treaty with the U.S. e.g. UK, France, Pakistan, Italy, Spain, Israel (but not Russia, China, or India)
• must come to direct operations of a U.S. business backed by substantial investment from nationals of your home country
• you are an owner or “essential employee” of the company
• the company must be at least 50% owned by nationals of your country
• maximum length of stay is 5 years, but is renewable indefinitely
• under certain circumstances and with the proper strategic planning, the E-2 can be converted into a Green Card if you have 1 year experience working abroad as a manager or executive

Australian Professionals (E-3)

To Qualify for an E-3 Visa:

• must be an Australian national with a Bachelor’s degree or equivalent experience
• similar to H-1B requirements
• maximum length of stay is 2 year admission, but is renewable indefinitely

• citizens of visa waiver ESTA countries are admitted for a maximum of 90 days, with no extensions – subject to removal if failure to depart
• cannot extend your stay under this classification – unless marrying a U.S. Citizen

To Qualify for a F-1 Visa:

• must be accepted by a U.S. school, college, or university; must satisfy requirements for full time study at said institution
• valid for the duration of your study
• is not available for elementary or high school education
• may be changed to H-1B Visa if employed after the duration of your study
• may qualify for Optional Practical Training (OPT), which extends your length of stay. Longer stays granted to graduates with degrees in Science, Technology, Engineering or Mathematics (STEM).

Note: students engaged in vocational training require an M-1 Visa

To Qualify for a F-2 Visa:

• must be a spouse or dependent of F-1 visa holder
  • dependents are unmarried children below the age of 21
• length of stay is the same as an F-1 Visa holder

To Qualify for an H-1B Visa:

• for “professionals” who have a Bachelor’s degree, or other similar substantial work experience
• must be sponsored by U.S. employer for a professional specialty occupation
• must be able to document your qualifications – U.S. bachelor’s degree or equivalent
• maximum length of stay is 6 years – but can extend if applying for a green card
• USCIS allows premium or rush applications that are processed in 15 days

Note:The demand frequently exceeds the annual limit, which requires a lottery system to determine who will receive H-1B visas.

To Qualify for an H-1B1 Visa:

• Same requirements as H-1B visa
• For nationals of Chile and Singapore
• Admission of stay limited to 1 year, renewable indefinitely

To Qualify for an H-2A Visa:

• must be coming to the U.S. to perform temporary agricultural work

To Qualify for an H-2B Visa:

• must be a non-agricultural worker in a temporary job position
• must have the requisite background to perform the duties of the position
• it must be shown that there are no qualified Americans for the position through advertising
• admission is for 1 year, maximum length of stay is up to 3 years

Note: Skilled workers are included in this group.

To Qualify for an H-3 Visa:

• must be a foreign national seeking training from a specific employer in any field except medical education
• must receive a stipend or salary
• must show that training is not available in home country
• must not have prior experience in the proposed field
• maximum length of stay is 2 years

To Qualify for an H-4 Visa:

• must be an immediate family member of anyone who receives an H visa

To Qualify for an I Visa:

• must be a member of a foreign information outlet
• must be coming to the US to engage solely in this profession
• must have a home office in a foreign country

Note: Immediate family members of I Visa holders may obtain an I Visa as well.

To Qualify for a J-1 Exchange Visitor Visa:

• must be approved to participate in an “exchange program” and remain in the U.S. for the duration of the program
  • program categories range from student, au pair, scientist to physician
• maximum duration is 2 years, though that requirement may be eliminated through the J-waiver process
• available for interns for a maximum 12 months (must show current enrollment at certain foreign educational institutions or show that you have graduated from such an institution no more than 12 months prior to the start date of exchange program)
• available for trainees from 12 to 18 months (must show foreign degree or professional certificate)
• applicants without degrees must show 5 years work experience abroad

To Qualify for a J-2 Visa:

• must be an immediate family member of a J-1 student or Scholar

To Qualify for a K-1 Fiance Visa:

• must be coming to the U.S. to marry a U.S. citizen
• must be married within 90 days of entry to the country (no extensions)
• only available if the fiance(e) is physically outside of the U.S.

Note: K-2 visas are available for children of a K-1 visa holder

Note: After marriage, K-1 Visa may be converted to a Green Card

To Qualify for a K-3 Visa:

• must be married to a U.S. citizen who has filed an immigrant visa petition

Note: K-4 visas are available for children of K-3 visa holders

To Qualify for an L-1A Intra-Company Transferee Visa:

• must work for a company with a parent, subsidiary, branch, or affiliate in the U.S.
• must be transferred to work in the U.S. in a managerial or executive capacity
• must be employed full time for a continuous year within the last three prior to applying
• maximum length of stay is 7 years for managers and executives
• new companies receive a 1 year visa, but extensions can be challenging

Note: Can be converted to a Green Card for an executive or manager.

Note: Companies can obtain a 1 year length of stay with extensions available.

To Qualify for an L-1B Visa:

• must work for a company with a parent, subsidiary, branch, or affiliate in the U.S.
• must be transferred to work in the U.S. in a capacity which requires very specialized knowledge which is unique or proprietary
• must be employed full time for a continuous year within the last three prior to applying
  • companies can obtain a 1 year length of stay with extensions available

To Qualify for an L-2 Visa:

• must be an immediate family member of a L-1 visa holder

To Qualify for an M-1 Visa:

• must meet the qualifications of a F-1 Student Visa
• must be enrolled in a vocational school in the U.S.

To Qualify for an M-2 Visa:

• must be an immediate family member of a M-1 visa holder

To Qualify for an O-1A Visa (Business, Science, etc.):

• must be recognized nationally or internationally for achievements in your respective field
• must show extraordinary ability i.e. top of the field
• will need detailed reference letters

To Qualify for an O-1B Visa (often called “Artist” Visa):

• must possess “extraordinary” ability in the arts, television, or motion pictures
• must be recognized nationally or internationally for achievements in your respective field
• will need detailed reference letters or evidence of distinction

To Qualify for an O-2 Visa:

• must work on the support staff for an artist or athlete
• For an O-1A, the O-2’s assistance must be an ‘integral part’ of the O-1A’s activity
• For an O-1B, the O-2’s assistance must be ‘essential’ to the completion of the O-1B’s production and it must be demonstrated that there is no readily available U.S. worker to do the job

To Qualify for an O-3 Visa:

• must be an immediate family member of O-1 or O-2 visa holder

To Qualify for a P-1 Visa:

• must be an individual athlete or part of a team; or
• must be a member of an entertainment group (P-1B)
• must have” international recognition” as a performer or athlete
  • event attended must be “distinguished”
• artists under the P-1B determination must have “sustained achievement” of at least one year

Note: Maximum of 25,000 P-1 visas per year

To Qualify for a P-2 Visa:

• must be an artist or entertainer who is part of a reciprocal exchange program

To Qualify for a P-3 Visa:

• must be an artist or entertainer who is coaching, teaching, or performing in a program that is culturally unique

To Qualify for a P-4 Visa:

• must be an immediate family member of a P-1, P-2, or P-3 visa holder

To Qualify for a Q Visa:

• similar to the requirements for an international cultural exchange program under Exchange Visitor (J) visas, but for programs designated by USCIS
• must be sponsored by an employer or organization
• must have a cultural element as an integral part of your job duties
• must be able to effectively communicate the cultural attributes of your country
• must engage in an occupation that is interactive with the American public
• initial length of stay can be up to 15 months

To Qualify for an R-1 Visa:

• must be a minister of any religion, religious professional , or any other religious denomination with a bona fide non-profit religious organization
• previously worked for a bona fide non-profit religious organization in the US for two years immediately prior to applying for such visa
• maximum length of stay is limited to 5 years

To Qualify for an R-2 Visa:

• must be an immediate family member of a R-1 visa holder

To Qualify for an S Visa:

• must provide critical and reliable information that is necessary to the successful investigation or prosecution of a criminal organization

Note: Available to aliens who would otherwise have inadmissible immigration status.

To Qualify for a T Visa:

• must be a current or previous victim of trafficking as defined by law
• must be in the U.S. due to trafficking
• must comply with any reasonable request from law enforcement for assistance in investigating or prosecuting human trafficking
• demonstrate you would suffer hardship or severe harm if you were removed from the U.S.

Note: Admissible to the U.S. (waiver is available)

To Qualify for a TN Visa:

• you must be either a Canadian or Mexican professional who works in a NAFTA designated occupation
• maximum length of stay is 3 years with indefinite renewal

To Qualify for a TD (TN Dependent) Visa:

• must be a spouse or dependent of TN visa holder
  • dependents are unmarried children below the age of 21
• length of stay is the same as an TN Visa holder
• May not work, but may attend school on a full time basis

To Qualify for a U Visa:

• must be a foreign-born victim of a crime committed in the U.S.
• must have suffered substantial physical or mental abuse
• must be willing to assist the law enforcement agency that is investigating the crime and they must support the U visa application
• after 3 years of living in the U.S. with U visa status, you may apply for a Green Card