Temporary Non-Immigrant Visa Plans

Temporary Non-Immigrant Visa-Based Plans

Generally, for U.S. tax purposes, a Non-Immigrant or Immigrant Visa status under U.S. immigration law is different from U.S. tax residency status under U.S. tax law (nonresident alien, resident alien, or dual-status alien). Visa status under immigration law may be relevant to U.S. taxation in limited situations, such as:

Whether to count the days of presence in the United States for purposes of the Substantial Presence Test in order to determine U.S. tax residency in a tax year.
Internal Revenue Code (IRC) exceptions based on Visa status.
Application of U.S. income tax treaty benefits.

For additional information and special tax rules that may be applicable to taxpayers with a specific Visa status, please refer the Publication 519, U.S. Tax Guides for Aliens and reference your Visa type below.

A Well Written Plan

A well-written, comprehensive business plan is needed to facilitate the approval process when seeking work, business or investor visas. The United States Citizenship and Immigration Services (USCIS) requires a business plan as evidence of the intention to work, trade or invest in the United States. USCIS requires evidence that the presence of the applicant, particularly with EB-5 Investor Visas, will contribute to and benefit the U.S. economy through job creation and capital investment.

The writer or team should also understand your short-, medium- and long-term goals and one who can write in business English. Your business plan writer must understand the integral part the business plan plays in conjunction with the required petitions, applications and other forms as applicable. Lastly, the services of a Certifying Acceptance Agent, who knows the types of Visas will be beneficial; retaining an Immigration attorney is a must.

HIGH-LEVEL BUSINESS PLANS FOR WORK, TRADE AND INVESTMENT

USCIS Requirements

To facilitate the process with USCIS, it is critical that a well-written, comprehensive business plan be submitted and include the following, at minimum:

An Executive Summary
A Description of the Company (Parent Company if applicable)
A Description of Products and/or Services
An Industry & Market Analysis
A Competitive Analysis
A Sales & Marketing Plan
A Management and Organizational Overview
Financial Projections for 3-5 years
Matter of Ho Compliant (as applicable

Index of temporary non-immigrant visas

Diplomatic & GOVERNMENT-RELATED VISAS

Visa Classification

Qualifications & Characteristics

A-1/A-2/A-3 Diplomat and Foreign Government Official Visa

QUALIFICATIONS & CHARACTERISTICS

A Visas for Diplomats and Foreign Government Officials

Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 Visas prior to entering the United States.

You cannot travel using Visitor Visas or under the Visa Waiver Program. With the exception of a Head of State or Government -- who qualifies for an A-1 Visa regardless of their purpose of travel -- your position within your country’s government and your purpose of travel determines whether you need an A-1 or A-2 Visa.

Immediate family members of diplomats and government officials receive A-1 or A-2 Visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 Visa) may be issued A-3 Visas.

To qualify for an A-1 or A-2 Visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws.

Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A Visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A Visa.

B-1/B-2 Business or Tourism Visa

QUALIFICATIONS & CHARACTERISTICS

B-1 Temporary Business Visa
The Non-Immigrant B-1 Visa for Temporary Business allows select individuals to enter the U. S. for a specific limited amount of time for legitimate business purposes. This individual must demonstrate that they have the funds necessary to cover expenses while in-country and that they have a home abroad they intend to, or binding ties.

Eligibility to engage in commercial or professional purposes on a B-1 Visa may include, but are not limited to:

Consulting with Business Associates
Traveling for a scientific, educational, professional or business convention, or a conference on
specific dates
Settling an estate
Negotiating a contract
Participating in short-term training
Transiting through the United States: certain persons may transit the United States with a B-1 Visa
Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 Visa

B-2 Temporary Tourism Visa
Visitor Visas are Non-Immigrant Visas for persons who want to enter the United States temporarily for Business (B-1 Visa), for Tourism (B-2 Visa), or for a combination of both purposes (B-1/B-2 Visa).

Here are some examples of activities permitted with a Visitor Visa:

Tourism
Vacation (holiday)
Visit with friends or relatives
Medical treatment
Participation in social events hosted by fraternal, social, or service organizations
Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

C-1/C-2/C-3 Aliens in transit through the USA Visa

QUALIFICATIONS & CHARACTERISTICS

C Visas for Crew Members, Foreign Nationals and Certain Government Officials

The C-1 Temporary Visa refers to a Transit Visa in the United States, allowing someone to travel through the country on their way to another destination, meaning they are only passing through the United States without intending to stay for an extended period; essentially, it's a Visa for people in "transit" through the United States, often used by crew members of ships or airplanes who need to enter the country briefly to join their vessel.

Key points about a C-1 Visa:

Purpose: Solely for transit through the United States.
Who might need it: Passengers connecting to another flight at a US airport, crew members on a ship or plane who need to board their vessel in a U.S. port.
Combined with a D Visa: Often issued as a C-1/D Visa when a crew member needs to transit through the US to reach their ship or aircraft, which requires a separate D visa for their work on board. The C-2 Temporary Visa is a Non-Immigrant Visa in the United States that allows foreign nationals to transit through the country solely for the purpose of traveling to or from the United Nations Headquarters District, essentially meaning it's used for diplomatic travel related to the United Nations; holders of this Visa can only stay in the US for a limited time, usually up to 29 days, and cannot change their status while on this Visa.

The C-2 Temporary Visa is a Non-Immigrant Visa in the United States that allows foreign nationals to transit through the country solely for the purpose of traveling to or from the United Nations Headquarters District, essentially meaning it's used for diplomatic travel related to the United Nations; holders of this Visa can only stay in the U.S. for a limited time, usually up to 29 days, and cannot change their status while on this Visa.

Key points about the C-2 Visa:

Purpose: Transit to or from the United Nations Headquarters
Who is eligible: Diplomatic travelers, UN officials
Duration: Typically up to 29 days
Restrictions: Cannot change status while on a C-2 Visa

The C-3 Temporary Visa refers to a Transit Visa primarily used by government officials and their families, allowing them to travel through the United States for a short period (usually up to 29 days) while en route to another destination; essentially, it enables them to leave the airport and explore the area during their layover.

Key points about the C-3 Visa:

Purpose: Primarily for transit through the US, not for extended stays or tourism.
Who can apply: Government officials, their family members, attendants, servants, and employees.
Duration of stay: Typically limited to 29 days.
Important consideration: When applying for a C-3 Visa, you must clearly demonstrate your intention to only transit through the US and your onward travel plans.

D/D-3 Crewmember Visa

QUALIFICATIONS & CHARACTERISTICS

D Visas for Commercial Sea and International Airline Workers

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a Visa, either a Non-Immigrant Visa for temporary stay, or an Immigrant Visa for permanent residence.

Crewmember D Visas are Non-Immigrant Visas for persons working onboard commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days.

Crewmember D-3 Visas may be issued to persons performing ship-to-ship liquid cargo operations (lightering activities) to or from another vessel engaged in foreign trade and who will depart the United States within 180 days. If you travel to the United States to join the vessel you will work on, in addition to a crewmember D Visa, you also need a Transit C Visa or a combination visa as explained below.

Travel purposes which require Crewmember D Visas - Examples:

Pilot or Flight Attendant on a commercial airplane
Captain, Engineer, or Deckhand on a sea vessel
Lightering Crewmembers
Lifeguard, Cook, Waiter, Beautician, or other service staff on a cruise ship
Trainee onboard a training vessel

Travel purposes not permitted on Crewmember D Visas - Examples:

Crewmembers Traveling to Meet Non-Lightering Vessels

If you travel to the United States to meet and board the vessel you will work on, you need a Transit C-1 Visa. This is in addition to the Crewmember D Visa required to work on the vessel. The interviewing consular officer may request that you provide evidence you are transiting to meet the vessel, for example, a letter from your employer or employer's agent.

If you apply for the Transit C-1 Visa at the same time as your Crewmember D Visa, you may be issued a combination C-1/D Visa, if the reciprocity schedule for your country of citizenship allows for issuance of a C-1/D Visa, and if the consular officer determines you are qualified.

Crewmembers Traveling to Meet Lightering Vessels

Lightering is the ship-to-ship transfer of liquid cargo to or from another vessel. Eligible crewmembers temporarily landing in the United States to perform lightering activities for a period not to exceed 180 days may be issued a D-3 Visa.

The consular officer may issue this in conjunction with a C-4 Transit Visa, which permits crewmembers to transit through the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days.

E-1 Treaty Trader Visa

QUALIFICATIONS & CHARACTERISTICS

E-1 Treaty Trader Visa

Generally, a non-citizen who wishes to travel to the United States must first obtain a Visa, either a Non-Immigrant Visa for temporary stay, or an Immigrant Visa for permanent residence.

Treaty Trader (E-1), Treaty Investor (E-2), and Australian in Specialty Occupation (E-3) Non-Immigrant Visas may be issued to eligible nationals of countries with which the United States maintains treaties of commerce and navigation or are considered a treaty country based on legislation. For a list of participating countries, check out Treaty Countries on the State Department's website.

To qualify for a Treaty Trader (E-1) Visa:

You must be a national of a treaty country.
The U.S. enterprise (trading firm) for which you plan to come to the United States must have the nationality of the treaty country.
For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality.
You or the U. S. enterprise (trading firm) will carry out international trade that is substantial, meaning that there is a sizable and continuing volume of trade; more than 50% of the international trade involved must be between the United States and the treaty country.
Trade means the international exchange of goods, services, and technology.
If you are not the treaty trader, you must be employed in a supervisory or executive capacity, or possess specialized skills essential to the efficient operation of the U.S. enterprise (trading firm).
You must intend to depart the U.S. when your E-1 status expires.

E-2 Treaty Investor Visa

QUALIFICATIONS & CHARACTERISTICS

E-2 Treaty Investor Visa

Generally, a non-citizen who wishes to travel to the United States must first obtain a Visa, either a Non-Immigrant Visa for temporary stay, or an Immigrant Visa for permanent residence.

To be eligible for a Treaty Investor (E-2) Visa, you must:

Engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country;
Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or
Work for the E visa enterprise as an executive, supervisor, or essentially skilled employee.

To qualify for a Treaty Investor (E-2) Visa:

You must be a national of a treaty country.
The U. S. investment enterprise must have the nationality of a treaty country. For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality.
The investment in the U.S. must be substantial and sufficient to ensure the successful operation of the enterprise. Uncommitted or revocable funds in a bank account or similar security are generally not considered an investment.
The U. S. enterprise must be a real and operating, commercial enterprise .
The enterprise must generate more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
If you are the principal investor, you must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be coming to the U. S. to be employed in a supervisory, executive or possess specialized skills essential to the efficient operation of the U. S. enterprise.
You must intent to depart the U. S. when your E-2 status expires.

E-3 Australian in Specialty Occupation Visa

QUALIFICATIONS & CHARACTERISTICS

E-3 Australian in Specialty Occupation Visa

Generally, a non-citizen who wishes to travel to the United States must first obtain a visa, either a Non-Immigrant visa for temporary stay, or an Immigrant visa for permanent residence. The Australian in Specialty Occupation (E-3) Non-Immigrant Visas may be issued to eligible nationals of countries with which the United States maintains treaties of commerce and navigation or are considered a treaty country based on legislation. For a list of participating countries, check out Treaty Countries on the State Department's website.

To be eligible for an E-3 Visa, you must:

Be a national of Australia working in a specialty occupation.

To qualify for an Australian in Specialty Occupation (E-3) Visa:

You must be a national of Australia.
You must have an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL).
You must demonstrate that the prospective employment meets the standard of being a “specialty occupation employment.”
Please review the section regarding H1-B Visas on the USCIS website for more information on “specialty occupation.”
You must demonstrate that you have the necessary academic qualifications for the job.
You must intend to depart the U.S. when your E-3 status expires.

G/G-1/G-2/G-3/G-4/G-5 MEMBERS OF INTERNATIONAL ORGANIZATIONS VISA

QUALIFICATIONS & CHARACTERISTICS

G Visas for Employees of International Organizations and NATO

Diplomats, government officials, and employees who will work for international organizations in the United States need G visas. Officials and employees of the North Atlantic Treaty Organization (NATO) who will work for NATO in the United States need NATO Visas. With the exception of a Head of State or Government who qualifies for an A Visa regardless of the purpose of his or her visit to the United States, the type of Visa required by a diplomat or other government official depends upon their purpose of travel to the United States.

International Organization Employees

To receive a G-1, G-2, G-3, or G-4 Visa, you must be traveling to attend meetings at, visit, or work at a designated international organization. If you are entitled to a G Visa, under U. S. Visa law, you must receive a G Visa. The exceptions to this rule are extremely limited. International organization officials and employees requiring visas include:

G-1 - Permanent mission members of a recognized government to a designated international organization and their immediate family members
G-2 - Representatives of a recognized government traveling temporarily to the United States to attend meetings of a designated international organization and their immediate family members
G-3 - Representatives of non-recognized or non-member governments and their immediate family members
G-4 - Individuals coming to the United States to take up an appointment at a designated international organization, including the United Nations, and their immediate family members
G-5 – May be issued to personal employees or domestic workers of a G-1 through G-4 Visa holders.

WORK & temporary employment visas

Visa Classification

Qualifications & Characteristics

H-1B Specialty Occupation vISA

QUALIFICATIONS & CHARACTERISTICS

H-1B Temporary Person in Specialty Occupation Visa

The H1-B category of Visa "applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability."

The occupation 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 position must also meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:

Hold a U. S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U. S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

Families of H-1B Visa Holders

An H-4 visa is a U. S. Visa that allows the spouse or unmarried child of an H-1B, H-1B1, H-2A, H-2B or H-3 Visa holder to travel to the U. S. H-4 Visa holders can only stay in the U. S. while their primary Visa holder is in the U. S. and maintaining their Visa status.

Key Points about H-4 Visas

Who can apply

The H-1B visa holder is responsible for applying for H-4 status for their dependents.
Who is eligible

The spouse and unmarried children under 21 of the H-1B visa holder are eligible for H-4 status.

H1-B1 Free Trade Agreement Professional Visa (Chile, Singapore)

QUALIFICATIONS & CHARACTERISTICS

H1-B1 Temporary Free Trade Agreement (FTA) Professional Visa for Chile and Singapore

For applicants from Chile or Singapore working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the field of specialization.

(Note: This is not a petition-based Visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)

H-1B3 Fashion Model Visa

QUALIFICATIONS & CHARACTERISTICS

H1-B3 Temporary Fashion Model Visa

The H1-B3 Visa is a nonimmigrant Visa for persons who are prominent fashion models that have distinguished merit and ability, and they will be working in a job that requires a prominent model.

Overview

The model must be a prominent fashion model with exceptional skill and recognition
The model must be coming to the US to work in a job that requires a prominent model
The model must have national or international fame
The model must have performed for well-known employers
The model must have a valid international passport
The model must have confirmation of professional recognition, such as awards, publications, or work with well-known designers
The model must have an invitation from the receiving agency in the U. S.

Key Points:

The employer drives the process for obtaining an H-1B3 Visa
The employer must petition the Administrator of the Office of Foreign Labor Certification for special permission to file a Labor Condition Application (LCA) by mail
The employer submits the LCA to the Department of Labor through the FLAG System

Considerations

The H-1B3 visa is regulated by the H-1B “Cap,” which is a numerical limit on the number of H-1B visa holders
It is common practice to retain an immigration attorney for an H-1B3 visa petition
It is imperative that an applicant remain abreast of current U. S. Immigration guidelines and policies via USCIS or a qualified immigration attorney

H-1B2 DOD Researcher and Development Project Worker Visa

QUALIFICATIONS & CHARACTERISTICS

H1-B2 Temporary DOD Researcher and Development Project Worker Visa

This Non-Immigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

The job must require a bachelor’s or higher degree, or its equivalent, to perform the duties. The petition must be accompanied by:

A verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on a cooperative research and development project or a co-production project under a reciprocal Government-to-Government agreement administered by DOD. Details about the specific project are not required.
A general description of the beneficiary's duties on the particular project and the actual dates of the beneficiary's employment on the project.
A statement indicating the names of noncitizens currently employed on the project in the United States and their dates of employment and the names of noncitizens whose employment on the project ended within the past year.

To be eligible for this classification you must have a bachelor's or higher degree or its equivalent in the occupational field in which you will be performing services. This requirement can be met based on one of the following criteria:

Hold a U.S. bachelor’s or higher degree required by the duties from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the duties of the job and be immediately engaged in that specialty in the state of intended employment
Have education, specialized training, or progressively responsible experience in the specialty that is equivalent to the completion a U.S. bachelor’s or higher degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

H-2A Agricultural Workers Visa

QUALIFICATIONS & CHARACTERISTICS

H-2A Visa for Temporary Agricultural Workers

For applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible for this Visa. There are limited exceptions.

The H-2A program allows U. S. employers or U. S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U. S. employer, a U. S. agent as described in the regulations, or an association of U. S. agricultural producers named as a joint employer must file the Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

To qualify for H-2A Non-Immigrant classification, the petitioner must:

Offer a job that is of a temporary or seasonal nature.
Demonstrate that there are not enough U. S. workers who are able, willing, qualified, and available to do the temporary work.
Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U. S. workers.
Generally, submit a single valid temporary labor certification from the U. S. Department of Labor with the
H-2A petition. A limited exception to this requirement exists in certain emergent circumstances.

Family of H-2A Workers

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 Non-Immigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

H-2B Non-Agricultural Worker Visa

QUALIFICATIONS & CHARACTERISTICS

H2-B Visa for Non-Agricultural Worker Visa

This Visa is for applicants performing temporary or seasonal Non-Agricultural work. Only citizens or nationals of designated countries are eligible for this Visa. There are limited exceptions.

The H-2B program allows U. S. employers or U. S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary Non-Agricultural jobs.  A U. S. employer, or U. S. employer, or U. S. agent as described in the regulations, must file the Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

Who May Qualify for H-2B Classification?

To qualify for H-2B Non-Immigrant classification, the petitioner must establish that:
There are not enough U. S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U. S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
- One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
  - An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
  - Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
- Traditionally tied to a season of the year by an event or pattern; and
- Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

Unpredictable;
Subject to change; or
Considered a vacation period for your permanent employees.

Peak load need – A petitioner claiming a peak load need must show that it:
- Regularly employs permanent workers to perform the services or labor at the place of employment;
- Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
- The temporary additions to staff will not become part of the employer's regular operation.

Intermittent need – A petitioner claiming an intermittent need must show that it:
- Has not employed permanent or full-time workers to perform the services or labor; and
- Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL) or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

H-3 Training Program Participant or Special Education Exchange Visa

QUALIFICATIONS & CHARACTERISTICS

A foreign national may qualify for an H-3 Non-Immigrant Visa if coming to the U. S. for on-the-job training to be provided by a U. S. company. The H-3 Non-Immigrant Visa is useful for a limited group of foreign nationals; namely those who have been invited to participate in a training program in the United States.

Key Points about the H-3 Visa

An H-3 Visa is a Temporary Non-Immigrant Visa in the United States that allows foreign nationals to enter the country for training purposes, meaning they can only stay for a limited time to receive training that is not available in their home country, and are expected to return after completing the training program; it is considered a "temporary" Visa because it is not intended for long-term employment in the U.S.

Purpose:
To receive training in a field not available in the applicant's home country, including fields like agriculture, commerce, communications, finance, government, and transportation.
Duration:
The maximum stay on an H-3 Visa is typically two years.
Special Education Exchange Visitors:
Individuals participating in a structured special education training program for children with disabilities can also qualify for an H-3 Visa.
Employment restrictions:
H-3 Visa holders are not allowed to engage in substantial employment while in the U. S., only incidental work related to their training.

Families of H-3 Visa Holders

An H-4 Visa is a U. S. Visa that allows the spouse or unmarried child of an H-1B, H-1B1, H-2B or H-3 Visa holder to travel to the U. S. H-4 Visa holders can only stay in the U.S. while their primary visa holder is in the U. S. and maintaining their Visa status.

Who can apply

The H-1B visa holder is responsible for applying for H-4 status for their dependents.
Who is eligible

The spouse and unmarried children under 21 of the H-1B visa holder are eligible for H-4 status.

J-1 Professor, Researcher, Specialist (Exchange) Visa

QUALIFICATIONS & CHARACTERISTICS

J-1 Exchange Visitors Visa

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 Non-Immigrants are therefore sponsored by an exchange program that is designated as such by the U. S. Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.

In January 2022, the Department of State announced measures to increase the flow of talent in science, technology, engineering, and math (STEM) fields. The Early Career STEM Research Initiative connects certain J-1 program sponsors with STEM-relevant sponsors, including businesses.

Information on the education, experience, and skills required to qualify is available on the Department of State's website.

Examples of exchange visitors include, but are not limited to:

Professors or scholars
Research assistants
Students
Trainees
Teachers
Specialists
Au pairs
Camp counselors

Families of J-1 Visa Holders

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to employment authorization; however, their income may not be used to support you.

L-1A/L-2 Intracompany Transferee or Manager Visa

QUALIFICATIONS & CHARACTERISTICS

L Visa for Applicants Working in a Managerial or Executive Capacity or Position Requiring Specialized Knowledge

The L Visa is for applicants working in a managerial or executive capacity; or applicants working in a position requiring specialized knowledge. The petitioner must be a branch, parent, affiliate, or subsidiary of the applicant’s current employer. Applicants must have worked for same employer abroad for one year within the three preceding years.

L-1 Temporary IntraCompany Transferee or Manager Visa

The L-1 Non-Immigrant Visa allows U.S. employers to transfer executives, managers or those with specialized knowledge from one of its foreign offices to a U. S.-based office. The U. S. office must be a parent company, branch, subsidiary, or affiliate and be a viable business. The USCIS allows "a foreign company which does not yet have an affiliated U. S. office to send an executive or manager to the United States with the purpose of establishing one." This Visa is valid generally for three years and the employee must have worked abroad for the company for at least one year prior to being granted L-1 status.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

If these family members are already in the United States and seeking changes of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on Form I-539, Application to Change/Extend Nonimmigrant Status.

L-1B/L-2 Intracompany Transferee Specialized Knowledge Visa

QUALIFICATIONS & CHARACTERISTICS

L Visa for Applicants Working in a Managerial or Executive Capacity or Position Requiring Specialized Knowledge

The L-1B Non-Immigrant classification enables a U. S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Family of L-1 Workers

The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age. Spouses and children may seek admission in the L-2 Non-Immigrant classification and, if approved, generally will be granted the same period of stay as the employee.

If these family members are already in the United States and seeking change of status to or extension of stay in the L-2 classification, they may apply collectively, with fee, using Form I-539, Application to Extend/Exchange Status.

Student, Athlete, Talent & Cultural Visas

VISA CLASSIFICATION

QUALIFICATIONS & CHARACTERISTICS

F-1/F-2 Student Visa

QUALIFICATIONS & CHARACTERISTICS

F Visas for Students

Generally, foreign nationals who wish to travel to the United States must first obtain a Visa, either a Non-Immigrant Visa for a temporary stay, or an Immigrant Visa for permanent residence.

You must have a Student Visa to travel to the United States to study. Your course of study and the type of school you plan to attend determine whether you need an F Visa or an M Visa.

Students cannot travel on the Visa Waiver Program or with Visitor Visas
You must have a Student Visa (F or M Visa) to travel to the United States to study. You may not study after entering on a Visitor (B) Visa, unless you are eligible for and have obtained a change of status from USCIS, or through the Visa Waiver Program (VWP), except to undertake recreational (non-credit) study as part of a tourist visit. For more information on the VWP, see Visa Waiver Program.

For short periods of recreational study, a Visitor (B) Visa may be appropriate
A Visitor (B) Visa permits enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate. Learn more about Visitor Visas.

Study leading to a U.S. conferred degree or certificate is not permitted on a Visitor (B) Visa, even if it is for a short duration. For example, a student in a distance learning program that requires a period of time on the institution’s U. S. campus must obtain a student (F or M) Visa prior to entering the United States.

Families of F Visa Holders

An F-2 Visa is a type of Visa that allows the spouse and unmarried children under 21 of an F-1 Visa holder to live in the United States.

Eligibility
The F-1 Visa holder must be in valid F-1 status for their dependents to qualify.

Application
Dependents can apply for their F-2 Visa at the same time as the F-1 Visa holder, or at a later time. Dependents must apply for their F-2 Visa from outside the United States at a U.S. embassy or consulate
Documentation
Dependents will need to provide a valid passport, Form DS-160, and Form I-20. They may also need to provide proof of academic qualifications and financial capacity.
Stay
Dependents can stay in the United States as long as the F-1 Visa holder's I-20 is valid. They can leave the country for up to five months at a time, and return as long as their F-2 Visa and I-20 are still valid.
Schooling
Children under 21 can enroll in elementary or secondary school.
Other family members
Other family members, such as parents or siblings, are not eligible for F-2 status. They must apply for a B-1 Business or B-2 Visitor's Visa to enter the United States.

M Student and Exchange Visitor Program (SEVP) Visa

QUALIFICATIONS & CHARACTERISTICS

M-1 Visas for Student Exchange Visitor Program (SEVP)

Generally, foreign nationals who wish to travel to the United States must first obtain a Visa, either a Non-Immigrant Visa for a temporary stay, or an Immigrant Visa for permanent residence.

Student Acceptance at a SEVP Approved School
The first step to studying in the United States is apply to a SEVP-approved school in the United States. If the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee. The SEVP-approved school will issue you a Form I-20. After you receive the Form I-20 and register in SEVIS, you may apply at a U.S. Embassy or Consulate for a student (F or M) Visa. You must present the Form I-20 to the consular officer when you attend your visa interview.

If your spouse and/or children will live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a Visa (but they do not pay the SEVIS fee).

Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.

Visit the Department of State EducationUSA website to learn about educational opportunities for undergraduate and graduate study, and an overview of the application process. You can also visit the DHS Study in the States school search page to search for SEVP-certified schools.

M-2 Visas for Spouse or Children of M-1 Visa Holders

An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student. For more information on Visas for spouse or children of SEVP Students, please contact USCIS or U. S. Immigration and Customs Enforcement for current guidelines.

N Series Visa for Certain Parents and Children of Special Immigrants

QUALIFICATIONS AND CHARACTERISTICS

N Series for People Directly Involved with North Atlantic Treaty Organization (NATO) Operations

The N Series Visa is a Non-Immigrant Visa for people who are directly involved in North Atlantic Treaty Organization (NATO) operations. These Visas are only available in special circumstances.

Key Points:

Non-Immigrant Visas are for people who want to enter the United States temporarily.
The length of stay and lawful activities for each Non-Immigrant Visa class are different.
Non-Immigrants are only allowed to be in the country for the specific reason they were granted entry.
N Series Visas are for employees, representatives, and other personnel involved in NATO operations.
In some cases, family members of N Series Visa holders may also qualify.

O-1A/O1-2B/O-2/O-3 Individuals with Extraordinary Ability or Achievement Visa

QUALIFICATIONS & CHARACTERISTICS

O Visa for Individuals with Extraordinary Ability or Achievement

For applicants with an extraordinary ability or achievement in the field of science, art, education, business, or athletics. Also for applicants who are internationally recognized in the motion picture and television fields. This category includes persons assisting the above individual.

O Non-Immigrant Visa Classification

The O-1 Non-Immigrant Visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O Non-Immigrant classifications are commonly referred to as:

O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;
O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
O-3: Individuals who are the spouse or children of O-1 and O-2 Visa holders.

General Eligibility

To qualify for an O-1 Visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.

To Qualify for an O-1 Visa

To qualify for an O-1 Visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.

To Qualify for an O-2 Visa

To qualify for an O-2 Visa, your assistance must be an “integral part” of the O-1A Visa holder’s performance and you must have critical skills and experience with the O-1 Visa holder that are not of a general nature and cannot be readily performed by a U.S. worker. In the case of an O-2 Visa holder in the motion picture or television industry, you must have skills and experience with the O-1 Visa holder that are not of a general nature and which are critical either based on a pre-existing long standing working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the production.

Family of O-1 and O-2 Visa Holders

If your spouse and children under the age of 21 will accompanying you or join you later (called “following to join”), they may be eligible to apply for an O-3 Non-Immigrant Visa, that will be subject to the same period of admission and limitations as you. They may not work in the United States under this classification, but they may participate in full-time or part-time study on an O-3 Visa.

P-1A Internationally Recognized Athlete Visa

QUALIFICATIONS & CHARACTERISTICS

P Visas for Athletes, Artists and Entertainers

P Visas are for applicants who are recognized athletes or members of an entertainment/sports group. They must perform at a specific athletic competition or entertainment performance. Includes persons providing essential services in support of the above individual.

P-1A Temporary Internationally Recognized Athlete Visa

The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:

An individual athlete at an internationally recognized level of performance;
Part of a group or team at an internationally recognized level of performance;
A professional athlete; or
An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.

Family of P-1A Non-Immigrants

Your spouse and unmarried children under the age of 21 may obtain P-4 Non-Immigrant status. P-4 status does not authorize them to work in the United States, but they may attend school or college. If these family members are already in the United States and seeking a change of status to or an extension of stay in P-4 classification, they may apply collectively, with fee, on a Form I-539, Application to Change/Extend Nonimmigrant Status.

P-1B Member of an Internationally Recognized Entertainment Group Visa

QUALIFICATIONS & CHARACTERISTICS

P Visas for Athletes, Artists and Entertainers

P-1B Temporary Member of an Internationally Recognized Entertainment Group Visa

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

Eligibility Criteria

At least 75% of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

Special Provisions for Certain Entertainment Groups

Non-citizen circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement. The noncitizen or noncitizens must be coming to join a nationally recognized circus.

Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.

Family of P-1B Visa Holders

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

Essential Support Personnel

Essential Support Personnel who are an integral part of the performance of a P-1 entertainer(s) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel include front office personnel, camera operators, lighting technicians, and stage personnel.

The petitioner must file a separate Form I-129 for support personnel. The petition must include the following documents:

A consultation from an appropriate labor organization;
A statement describing the support person’s prior and current essentially, critical skills, and experience with the P-1 entertainer(s); and
A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.

P-2 Artist or Entertainer (Individual or Group) Visa

QUALIFICATIONS & CHARACTERISTICS

P Visas for Athletes, Artists and Entertainers

For applicants performing individually or in a group. They must be part of a reciprocal exchange program between an organization in the United States and an organization in another country. Includes artists providing essential services in support of the above individual.

P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program Visa

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

Eligibility Criteria

You must be an artist entering the United States through a government recognized reciprocal exchange program. At the present time, five P-2 reciprocal agreements have been negotiated between the following organizations:

The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada);
Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association;
Actor’s Equity Association (U.S.) and the British Actors’ Equity Association;
The International Council of Air Shows and the Canadian Air Show Association.
The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA).

If a reciprocal agreement is submitted other than these five, USCIS will review the agreement to determine if the agreement adheres to the regulatory standard.

In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

Family of P-2 Visa Holders

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

Essential Support Personnel

Essential support personnel who are an integral part of the performance of a P-2 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-2 classification. Support personnel may include stagehands, trainers, or those persons having critical knowledge of the specific services to be performed.

The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

Consultation from an appropriate labor organization
Statement describing the support person’s prior and current essentially, critical skills and experience with the P-2 artist or entertainer

Copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.

P-3 Artist or Entertainer (Individual or Group) Visa

QUALIFICATIONS & CHARACTERISTICS

P Visas for Athletes, Artists and Entertainers

For applicants performing, teaching, or coaching. They must be part of a program that is unique. The program can also be a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program Visa

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Eligibility Criteria

For a P-3 Visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

Family of P-3 Visa Holders

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

Essential Support Personnel

Essential support personnel who are an integral part of the performance of a P-3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers, and other team officials and referees.

The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

A consultation from an appropriate labor organization
A statement describing the support person’s prior and current essentially, critical skills, and experience with the P-3 artist or entertainer
A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed

Q-1 Cultural Exchange Visa

QUALIFICATIONS & CHARACTERISTICS

Q-1 Cultural Exchange Visa

There are two Non-Immigrant Visa categories for persons who want to participate in Exchange Visitor programs in the United States.

The J Non-Immigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries.

The Q Non-Immigrant classification is for participants of international cultural exchange programs designated by the Department of Homeland Security.

You may be eligible for Q-1 Non-Immigrant classification if you are seeking to participate in an international cultural exchange program approved by the Secretary of Homeland Security. The Q Cultural Exchange Program is for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of your home country with the United States.

Eligibility Criteria

Only qualified employers who administer cultural exchange programs, or designated agents they employ on a permanent basis in an executive or managerial capacity, are allowed to petition for Q Non-Immigrants.

The purpose of the Q Non-Immigrant Visa classification is to facilitate the sharing of international cultures. It is an employment-oriented program, but a cultural element must be an essential and integral part of your duties. You must be:

At least 18 years old;
Qualified to perform the service, labor or training; and
Able to communicate effectively about the cultural attributes of your country to the American public.

Family of Q Visa Holders

The Q Non-Immigrant classification does not have a provision for any spouse or children to accompany or follow to join a Q-1 Non-Immigrant. Therefore, any spouse or children wishing to enter the United States must qualify independently for a Non-Immigrant classification.

Please contact the USCIS for current guidance on the Q Visa Program.

Q-2/Q-3 Visa for Irish Peace Process Cultural and Training Program

QUALIFICATIONS AND CHARACTERISTICS

Q-2/Q-3 Visa for Irish Peace Process Cultural and Training Program

The Q-2 Visa is issued to Irish Nationals who have lived in certain parts of Northern Ireland or bordering counties from the Republic of Ireland, that have suffered violence and chronic unemployment.

This program enables participants in the Irish Peace Process Cultural and Training Program, under the age of 35 at the time of entering the country.

To qualify, the applicant must have lived in the aforementioned areas for at least three months prior to applying.

The Q-3 Visa is essentially a Visa for spouse or children of the Q-2 Visa holder.

Key points about Q-2 and Q-3 Visas:

Purpose:
These Visas are designed to allow individuals from Northern Ireland to participate in programs aimed at promoting peace and reconciliation in the region by gaining skills and knowledge in the U.S.
Eligibility:
Primarily for Irish nationals, particularly those from Northern Ireland or bordering counties in the Republic of Ireland.
Derivative status:
A Q-3 Visa is solely for spouses and children of Q-2 Visa holders.
Limited availability:

Due to the specific nature of the program, Q-2 and Q-3 Visas are not widely used and may be retired at any given time.

RELIGIOUS, VICTIM & family visas

visa classification

QUALIFICATIONS & CHARACTERISTICS

R-1/R-2 visa for Religious Workers

QUALIFICATIONS & CHARACTERISTICS

R-1 Religious Workers Visa

Ministers and non-ministers in religious vocations and occupations may come to the U. S. temporarily for the purpose of performing religious work.

General Eligibility

An R-1 Non-Immigrant is a non-citizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:

Non-profit religious organization in the United States;
Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
Non-profit organization which is affiliated with a religious denomination in the United States.

To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.

Family of R-1 Visa Holders

An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to work based on this visa classification.

S Visa for Individuals Assisting Law Enforcement

QUALIFICATIONS & CHARACTERISTICS

S Non-Immigrant Classification for Individuals Who Have Assisted Law Enforcement as a Witness or Informant

The S Visa is for individuals who have supplied critical information related to criminal organizations (S-5) or terrorist organizations (S-6). The S-7 Visa is available to family members of the witness, i.e., spouse, children unmarried and married or parent. All S Visa applications for these or informants, along with accompanying applications for qualifying family members, must be sponsored and submitted by a law enforcement agency. Individuals cannot self-petition for receipt of an S Visa. This S classification permits a foreign national to remain in the United States and authorizes employment for three years. If their cooperation has contributed to a successful prosecution, the law enforcement agency apply for them to receive legal permanent resident status.

Adjustment of status. S Visa holders are allowed to adjust status to permanent resident under a special provision under Section 245(j) of the Immigration and Nationality Act. If the information supplied by the alien has “substantially contributed” to a successful investigation or prosecution of a crime, they are eligible for adjustment of status. Similarly, if the alien’s information “substantially contributed” to the prevention of an act of terrorism, or to the apprehension of a person involved in terrorist activities, they are allowed to adjust their status.

Restrictions for S Visa holders. S nonimmigrants are subject to many restrictions while in the U.S. These are:

Reporting to the Attorney General every three months regarding their whereabouts and activities;
Not being convicted of a crime that is punishable by one or more years in prison;
S-1 Visa holders can not contest a deportation order by any means other than an application for withholding based on fear of persecution; and
S-1 Visa holders must adhere to any other conditions on their stay the Attorney General imposes.

Adjustment of status is the process that you can use to apply for lawful permanent resident status, also known as applying for a Green Card, when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete Visa processing.

For more information on a change in status to obtain lawful permanent resident status, i.e., becoming a Green Card holder, please visit USCIS.

T VISA FOR VICTIMS OF HUMAN TRAFFICKING

QUALIFICATIONS & CHARACTERISTICS

A severe form of trafficking in persons is defined as: 1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such an act is under 18 years of age; or 2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, or slavery.

A victim of a severe form of trafficking in persons may be eligible for immigration relief under U. S. immigration law, specifically for T Non-Immigrant status or a T visa. T Non-Immigrant status allows certain victims of a severe form of trafficking in persons to remain in the United States if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception.

Noncitizens seeking T-1 non-immigrant status must be physically present in the United States due to their trafficking. Therefore, U. S. Embassies and Consulates abroad do not issue T-1 visas but may issue Visas to qualifying family members of T-1 applicants or non-immigrants.

T-1 Visa for Victims of Human Trafficking

To receive T-1 non-immigrant status, you must meet all eligibility requirements and must comply with the filing requirements for the Form I-914, Application for T Nonimmigrant Status set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, you must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U. S. port of entry due to trafficking, or you must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You must also demonstrate that you are admissible or eligible for a waiver.

You may apply for T-1 non-immigrant status by filing a Form I-914, Application for T Nonimmigrant Status, with USCIS. Applications for T-1 non-immigrant status must be filed with USCIS and will not be accepted at U. S. embassies or consulates abroad. For important detailed information on eligibility and how to apply for T-1 non-immigrant status, visit the USCIS Victims of Human Trafficking: T Non-immigrant Status webpage.

USCIS notifies applicants of their approved Form I-914 via Form I-797, Notice of Action.

T-2/T-3/T-4/T-5/T-6 Visa for Qualifying Family Members

As a T-1 non-immigrant status applicant, you may apply for certain qualifying family members when you file your application, or later, with USCIS. Depending on your age, you can apply for the following qualifying family members:

If you are a qualifying family member of a T-1 principal applicant or T-1 non-immigrant status holder, they may file for T non-immigrant status for you. The T-1 principal applicant or T-1 non-immigrant status holder must file Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, directly with USCIS, regardless of where you are currently located.

TN (NAFTA/USMCA) visa for canadian & MEXICAN PROFESSIONALS

QUALIFICATIONS & CHARACTERISTICS

Generally, a non-citizen who wishes to travel to the United States must first obtain a Visa, either a Non-Immigrant Visa for temporary stay, or an Immigrant Visa for permanent residence.

USCMA/NAFTA Professional Workers Visa

The United States-Mexico-Canada Agreement (USMCA) created special economic and trade relationships for the United States, Canada, and Mexico. You can learn more about the United States-Mexico-Canada Agreement and visit the Office of the United States Trade Representative website for more information.

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico.

TN Non-Immigrant Classification

The TN Non-Immigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN Non-Immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN Non-Immigrant status, if:

You are a citizen of Canada or Mexico;
Your profession qualifies under the regulations;
The position in the United States requires a NAFTA professional;
You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment -
see documentation required below); and
You have the qualifications to practice in the profession in question.

Eligibility Criteria

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as Non-Immigrants without a Visa. The TN category, a Non-Immigrant classification, simply reflects this general exemption from the Visa requirement. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN Visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain
CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

Proof of Canadian citizenship;
Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
Credentials evaluation (if applicable), together with any applicable fees.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a Visa to enter the United States as a TN Non-Immigrant. You should apply for a TN Visa directly at a U.S. embassy or consulate in Mexico. For more information, please see the Mexican and Canadian Professional Workers webpage on the U. S. Department of State's website.

Once you are approved for a TN Visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

Families of TN Non-Immigrants

Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD Non-Immigrant status. Spouses and children are:

Not permitted to work while in the United States, but they are permitted to study.
Granted TD status for no longer than the period of time granted to the principal TN Non-Immigrant.

For more information on families of TN Visa holders, please visit the State Department or USCIS.

U VISA FOR VICTIMS OF CRIMINAL ACTIVITY

QUALIFICATIONS & CHARACTERISTICS

U Visa for Victims of Criminal Activity

The U non-immigrant status is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U Non-Immigrant Visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.

The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

U-1 Nonimmigrant Eligibility

You may be eligible for a U-1 Non-Immigrant Visa if:

You are the victim of qualifying criminal activity.
You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. Review the USCIS glossary for definition of ‘next friend’).
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
The crime occurred in the United States or violated U.S. laws.
You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Qualifying Criminal Activities

Abduction
Abusive Sexual Contact
Blackmail
Domestic Violence
Extortion
False Imprisonment
Female Genital Mutilation
Felonious Assault
Fraud in Foreign Labor Contracting
Hostage
Incest
Involuntary Servitude
Kidnapping
Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trade
Stalking
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

U-2/U-3/U-4/U-5 Visa for Dependents of U-1 Visa Holders

Filing for Qualifying Family Members

Certain qualifying family members are eligible for a U Visa based on their relationship to you, the principal, filing for the U Visa. The principal petitioner must have their petition for a U Visa approved before their family members can be eligible for their own U Visa.

If you, the principal, are under 21 years of age, you may petition on behalf of your spouse, children, parents and unmarried siblings under age 18
If you, the principal are 21 years of age or older, you may petition on behalf of your spouse and children.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.

V-1/V-2/V-3 FAMILY REUNIFICATION FOR CERTAIN APPLICANTS VISA

QUALIFICATIONS & CHARACTERISTICS

V Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

As of this writing, while U. S. immigration law still includes a provision for the V Visa category for qualified spouses and children (under age 21) of U. S. Lawful Permanent Residents (LPRs), USCIS does not foresee that any V Visas will be issued, since potential applicants will not meet the criteria explained below.

Overview

The Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000, created a Non-Immigrant Visa category, the V Visa, with specific provisions for certain spouses and children of U. S. Lawful Permanent Residents (LPRs). The purpose of the LIFE Act was to reunite families who had been or could be separated for long periods during the process of immigrating to the United States. V Visas, therefore, allowed these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.

Qualifying for a V Visa

To qualify for a V Visa, a spouse or child (under age 21) of a U.S. Lawful Permanent Resident (LPR) must meet all of the following criteria:

The U. S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
The petition’s priority date must be at least three years old;
The priority date must not be current;
The applicant must not have already had an Immigrant Visa interview or be scheduled for an interview;
The petition must not already be at a U.S. Embassy or Consulate for Immigrant Visa processing; and
The applicant must be otherwise eligible as an immigrant.

U. S. Embassies and Consulates have not issued any V Visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for Immigrant Visas as their priority dates became current. Review the Visa Bulletin for information on the priority dates of petitions for spouses and children of U. S. Lawful Permanent Residents that are currently being processed for Immigrant Visas.

REFERENCES:
IRS, Taxation of Aliens by Visa Type and Immigration Status
https://www.irs.gov/individuals/international-taxpayers/taxation-of-aliens-by-visa-type-and-immigration-status

USCIS, U. S. Citizen and Immigration Services
https://www.uscis.gov

U. S. Department of State, U. S. Visas
https://travel.state.gov/content/travel/en/us-visas.html

U. S. Department of State, Other Visas
https://travel.state.gov/content/travel/en/us-visas/other-visa-categories.html

Websites of U.S. Embassies, Consulates, Diplomatic Missions, and Offices Providing Consular Services
https://www.usembassy.gov

Temporary Non-Immigrant Visa-Based Plans

A Well Written Plan

HIGH-LEVEL BUSINESS PLANS FOR WORK, TRADE AND INVESTMENT

USCIS Requirements

Index of temporary non-immigrant visas

Diplomatic & GOVERNMENT-RELATED VISAS

Visa Classification

A-1/A-2/A-3 Diplomat and Foreign Government Official Visa

B-1/B-2 Business or Tourism Visa

C-1/C-2/C-3 Aliens in transit through the USA Visa

D/D-3 Crewmember Visa

E-1 Treaty Trader Visa

E-2 Treaty Investor Visa

E-3 Australian in Specialty Occupation Visa

G/G-1/G-2/G-3/G-4/G-5 MEMBERS OF INTERNATIONAL ORGANIZATIONS VISA

WORK & temporary employment visas

Visa Classification

H-1B Specialty Occupation vISA

H1-B1 Free Trade Agreement Professional Visa (Chile, Singapore)

H-1B3 Fashion Model Visa

H-1B2 DOD Researcher and Development Project Worker Visa

H-2A Agricultural Workers Visa

H-2B Non-Agricultural Worker Visa

H-3 Training Program Participant or Special Education Exchange Visa

J-1 Professor, Researcher, Specialist (Exchange) Visa

L-1A/L-2 Intracompany Transferee or Manager Visa

L-1B/L-2 Intracompany Transferee Specialized Knowledge Visa

Student, Athlete, Talent & Cultural Visas

VISA CLASSIFICATION

F-1/F-2 Student Visa

M Student and Exchange Visitor Program (SEVP) Visa

N Series Visa for Certain Parents and Children of Special Immigrants

O-1A/O1-2B/O-2/O-3 Individuals with Extraordinary Ability or Achievement Visa

P-1A Internationally Recognized Athlete Visa

P-1B Member of an Internationally Recognized Entertainment Group Visa

P-2 Artist or Entertainer (Individual or Group) Visa

P-3 Artist or Entertainer (Individual or Group) Visa

Q-1 Cultural Exchange Visa

Q-2/Q-3 Visa for Irish Peace Process Cultural and Training Program

RELIGIOUS, VICTIM & family visas

visa classification

R-1/R-2 visa for Religious Workers

S Visa for Individuals Assisting Law Enforcement

T VISA FOR VICTIMS OF HUMAN TRAFFICKING

TN (NAFTA/USMCA) visa for canadian & MEXICAN PROFESSIONALS

U VISA FOR VICTIMS OF CRIMINAL ACTIVITY

V-1/V-2/V-3 FAMILY REUNIFICATION FOR CERTAIN APPLICANTS VISA

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Trends, Topics and Industry Insight