U.S. Nonimmigrant Visas

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U.S. Citizenship and Immigration Services (USCIS)

On March 1, 2003 services formerly provided by the Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) under the Bureau of Citizenship and Immigration Services (BCIS). The BCIS has changed its name to U.S. Citizenship and Immigration Services. Created as a separate bureau by the Homeland Security Act of 2002, U.S. Citizenship and Immigration Services operates through a network of local offices, Application Support Centers, Service Centers, local area immigration services field offices, National Customer Service Call (NCSC) Centers, Forms Centers, and the Internet. U.S. Citizenship and Immigration Services processes all immigrant and non-immigrant benefits provided to visitors to the United States, including: family-based petitions, employment-based petitions, asylum and refugee processing, naturalization, special status programs, and document issuance and renewal.

United States Visas

Foreign nationals who wish to enter the United States usually must obtain a visa unless they are visa exempt. All United States’ visas are stamped in the foreign national’s passport and indicate that a legally sufficient purpose for entering the United States was presented to a United States consular official.

United States immigration laws distinguish between visas for foreign nationals seeking temporary admission to the United States and visas for foreign nationals seeking to remain in the United States permanently. Those seeking visas for temporary admission are nonimmigrant visas; those seeking to remain permanently are immigrant visas.

At the port of entry to the United States, immigration control officers interview and inspect foreign nationals to assure their eligibility to enter the United States and to determine the duration of their initial period of stay. The arrival document, Form I-94, is stapled to each foreign national’s passport when he arrives in the United States for a temporary period. The I-94 indicates his visa category and the last date he may lawfully remain in the United States.

Nonimmigrant visas permit visa holders to stay in the United States for a period ranging from a few days to five or more years. The permitted length of stay depends on the category of the visa. All holders of nonimmigrant visas must intend to stay in the United States for a period that will not exceed the time limit stated in their visas. If a foreign national intends to stay beyond the time limit established in his visa, the applicant is actually an immigrant and must pursue the immigrant visa process. Information on the immigrant visa process is discussed in the immigrant visa section of this website.

Nonimmigrant visas permit numerous activities in the United States, such as opening a business, working, studying and/or visiting. The Immigration Act of 1990 (the “Act”) created visa categories identified by combinations of letters and numbers. The letters and numbers correspond to sections of the Act. Each nonimmigrant category has a maximum stay limitation and a list of permissible activities for holders of each visa.

A nonimmigrant who is in the United States may apply to change to another nonimmigrant category or to extend the length of his stay. Most nonimmigrant visa categories have maximum stay limitations. A nonimmigrant can also become eligible for permanent resident status. Information on changing from a nonimmigrant status to an immigrant status is discussed in the immigrant visa section of this website.

1. Common Nonimmigrant Vis1) The Visa Waiver Program

The Visa Waiver Program permits nationals of certain countries to visit the United States for up to 90 days without obtaining B visas from United States consular posts outside the United States before their visits. The countries are: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. This list of countries changes from time to time. Anyone planning to use the Visa Waiver Program for a United States visit should contact the United States embassy in his country to confirm his country’s status on the list before traveling.

If the Visa Waiver Program is used to enter the United States, an extension of the stay or a change of status is generally not permitted. However, certain immediate relatives of United States citizens may file for adjustment of status in the United States even if they were admitted under the visa waiver program.

2) B-1 Visa (Visitor for Business)

B-1 visas are issued to nonimmigrants temporarily visiting the United States to do business on behalf of foreign employers. United States employers cannot employ B-1 visa holders. B-1 visa holders can negotiate contracts, sell products, develop business contacts, and attend conferences for the benefit of their foreign employer. B-1 visa holders cannot receive salaries or other compensation while in the United States, other than reimbursement for incidental expenses. B-1 visa holders must perform services in the United States that clearly benefit their permanent foreign employer. B-1 visa holders must also remain domiciled in the foreign country to which they intend to return once their temporary United States visa expires.

B-1 business visitors can enter the United States for a period of up to six months. Usually the B-1 visitor is permitted to stay for a 180-day period, however, shorter periods of 30-60 days are also granted. Initial entry for a period longer than six months is not permitted. However, an application for an extension beyond the initial entry period can be approved when circumstances justify the extension.

3) H-1B (Specialty Occupations)

The H-1B visa category applies to foreign nationals employed in specialty occupations that involve theoretical and practical application of highly specialized knowledge and which require a four year bachelor’s degree or its equivalent in work experience. A college degree alone does not qualify a foreign national as a specialty worker; the job must require a degree related to the foreign national’s particular field and the college degree that the foreign national earned must be a normal requirement for comparable jobs in the industry and with the prospective employer.

An employer must file a labor condition application with the Department of Labor before the employer can apply for an H-1B visa with the U.S Citizenship and Immigration Services. The prospective employer must post a notice of filing the application in two conspicuous locations at the employment site for a period of at least ten business days. If an employer meets the requirements for an extension, the H-1B visa holder is allowed a maximum six-year stay in the United States. A seventh year is available under certain circumstances. The H-1B cap is for a fiscal year, which extends from October 1st, of each year to September 30th, of the next year. The lottery for the H-1B cap opens in March and remains open for roughly two weeks. During that time employers must register their desired employees. By April 1^st the lottery is completed and those whose registrations were selected are able to proceed with filing their H-1B requests for a start date of October 1st.

However, certain H-1B applications are cap exempt. These cap exempt H-1Bs include H-1Bs who work for universities, governmental nonprofit research organizations, or their affiliates. H-1B renewals are also cap exempt. A foreign national who holds an H-1B visa can work for a new employer as soon as the new employer files a “nonfrivolous” application with the U.S. Citizenship and Immigration Services.

4) H-2B Visas (Temporary Workers)

H-2B visas are issued to foreign nationals who are to work temporarily in jobs for which employers can prove a shortage of qualified American workers. A major limitation of the H-2B visa is that the position essentially must be temporary. An employer cannot use an H-2 B visa to place a foreign national in a permanent job that is currently vacant. The employer must prove that the need for the H-2B foreign national comes from a unique, intermittent, or seasonal need and that the need will end within a certain period of time which will not exceed the visa’s expiration date. An H-2B worker is permitted to enter the United States for an initial period of one year.

5) H-3 Visas (Trainees)

H-3 visas are issued to foreign nationals who enter the United States for up to two years for training and skill development which will be used in their careers in other countries. Trainees must enroll in structured training programs in the United States at United States companies. Theoretical and practical instruction must be part of the training program; programs that consist solely of on-the-job training are not acceptable for this visa category. The training program must be unavailable in the foreign national’s home country. The skills learned must be relevant to the foreign national’s work outside the United States.

6) E visas (Treaty Traders and Treaty Investors)

A foreign national who is a citizen of a country that has a Bilateral Investment Treaty or Treaty of Friendship, Commerce or Navigation with the United States can be admitted to the United States to invest in a business or to engage in international trade under two categories of visas based on treaties: E-1 (Treaty Traders) and E-2 (Treaty Investors).

The E-1 (Treaty Trader) visa category permits foreign nationals to enter the United States to engage in substantial trade in goods, services, or technology with treaty countries. The United States enterprise for which the foreign national works must be majority-owned by treaty country nationals. The majority owners can be companies or individuals. The nationality of an enterprise is determined by the nationality of the entity owning at least 50% of the enterprise. An E-1 treaty trader must be an executive or manager or hold a job that requires skills essential to the employer.

The E-2 Treaty Investor category allows investors who are nationals of treaty countries and who invest substantial sums of money in an active business in the United States to remain in the United States to develop, direct and oversee the business. The E-2 visa is available to a foreign national who invests in services, technology, or tangible goods. Managers, executives, and essentially skilled employees from treaty countries are also admissible on E-2 visas.

Spouses and unmarried children under 21 years of age, regardless of their nationality, may receive derivative E visas to accompany the principal holder of an E visa. A spouse of an E visa holder can apply for an Employment Authorization Document after entry to the United States. Dependents of E visa holders other than spouses are not eligible for employment authorization based on their derivative E status.

TREATY COUNTRIES

The countries listed below have agreements with the United States authorizing either (E-1) treaty trader status, (E-2) treaty investor status, or both, with the United States.

Country Specific Footnotes

1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
2. Czech Republic and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.
12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
13. Bolivia - Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022. The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.
14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.
16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.

7) L-1 Visas [Intercompany Transferees]

L-1 visas permit foreign companies with branches or affiliated groups in the United States to transfer needed employees to their United States facilities. L-1 visas can be issued to foreign nationals employed abroad in executive or managerial positions, or employed in jobs which require specialized knowledge, for at least one year during the three years prior to admission to the United States. The foreign national must assume comparable duties in the United States with the same employer or with an affiliate or subsidiary of the same employer. In order for an L-1 visa to remain valid, the foreign operation must continue to do business in the foreign country during the entire period of validity of the L-1 visa.

8) O Visas (Extraordinary Ability)

The O visa category applies to persons of extraordinary ability in the sciences, arts, education, business, or athletics. Foreign nationals must prove their extraordinary ability by demonstrating national or international acclaim. They can enter the United States only to work in their specific field and the U.S. Citizenship and Immigration Services must find that their admission substantially benefits the United States. The spouses and minor children of O visa holders can enter the United States as O-3 visa holders. Employment authorization is not available to those admitted in the O-3 visa category. The maximum time for this visa category is three years, one year at a time.

9) P Visas (Performing Artist)

P-1 visas are issued to internationally recognized entertainers and athletes. P-2 visas are given to reciprocal exchange artists and entertainers. P-3 visas are given to culturally unique artists and entertainers. P-4 visas are granted to family members of P-1, P-2 and P-3 visa holders.

10) J Visas

J visas are issued to exchange visitors so that sponsoring institutions can bring students, researchers and business or industrial trainees into the United States to participate in training programs authorized by the United States Information Agency. If the United States Information Agency approves, a company may start its own training program or use an organization that is already recognized for sponsoring training programs. The trainee can be engaged in any productive employment that gives him knowledge of specific company practices in the United States or of United States business practices in general.

11) F Visas

F visas are issued to students enrolled in academic institutions and F visa holders may work on campus during their studies and school vacations. They may, with authorization, also engage in practical training during the course of their studies or for one year after graduation. An F visa holder seeking post-graduation practical training needs to obtain school approval and employment authorization documents from the U. S. Citizenship and Immigration Services before beginning to work.

All non-United States citizens who remain in the country for 30 days or more must report on Form AR-11 any change in address to the U.S. Citizenship and Immigration Services within 10 days of the change. The AR-11 Form may now be filed online.

Contact an Immigration Lawyer in Pittsburgh or Philadelphia, Pennsylvania, New York

To speak to an immigration attorney about your immigration goals, including obtaining a work visa in Pittsburgh, Philadelphia, Pennsylvania, New York, New Jersey, Atlanta, Ohio, West Virginia or surrounding areas, we welcome you to contact us online or call 412-291-4400 (Pittsburgh) | 215-880-4977 (Philadelphia) | 347-839-1700 (New York City). Free consultations are available. We represent clients throughout the United States, including Pittsburgh, Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, Philadelphia County, New York, New Jersey, Atlanta, and worldwide in Germany, France, the United Kingdom, Asia, China, Australia, Africa, the Middle East, Central America, and South America.