Areas of Practice

Nonimmigrant Work Visas

U.S. nonimmigrant visas are issued to foreign nationals to enter the U.S. for a specific period of time and for a specific purpose such as investing, visiting, studying, or working in the U.S.

Understand that a nonimmigrant status can be changed to a different nonimmigrant status if all the required elements are met. Additionally, bear in mind that having an immigrant intent and applying for a nonimmigrant visa is considered misrepresentation and may result in a permanent bar from entry in the U.S.

There are different types of nonimmigrant visas with different requirements and application process sometimes involving several U.S. government agencies. Therefore, it is essential that the applicant seeks an immigration attorney in order to carefully review their immigration history and eligibility requirements so to not ruin their chances of ever being allowed in the U.S. or successfully change their visa status. Some of the most commonly used nonimmigrant visas include:

E-2

Treaty investors and qualified employees and their spouses and children. Its less stringent requirements make it an attractive alternative to the more rigorous EB-5 Investor Visa ($100,000 compared to $1 million).

E-3

Australian visa available only to Australian nationals to work in a "specialty occupation" in the U.S.

H-1B

For nonimmigrants filling “specialty occupations”. This visa lasts for three years with eligibility for a three-year extension (six years total) if the job still exists and other requirements are met.

H-4

Spouses and children of H-1, H-2, or H-3.

O-1

Persons with extraordinary ability and achievement in the arts, sciences, education, athletics, business, or the television or motion picture industry. Applicants must meet stringent requirements, be nationally or internationally recognized in their field and enter the U.S. with the goal to continue performing in their field of expertise.

O-2

Workers accompanying and assisting in performance of O1 workers.

O-3

Spouses and children of O1 and O2.

P-1A

Internationally recognized athletes or entertainers (in their discipline for a sustained and substantial period of time).

P-1B

Internationally recognized entertainers or members of internationally recognized entertainment groups.

P-4

Spouses and children of P1, P2, or P3.

R-1

Certain workers in religious occupations are eligible for temporary work visas.

R-2

Spouses and children of R1.

TN

Work visa available to skilled workers from Canada and Mexico under the North American Free Trade Agreement (NAFTA).

Nonimmigrant student or exchange visas

F-1

Academic students (Changing to F-1 or Reinstatement of F-1 status).

F-2

Spouses and children of F-1.

M-1

Foreign nationals who intent to study at a vocational or nonacademic institutions.

M-2

Spouses and children of M-1.

J-1

Foreign nationals coming in the U.S. under a U.S. Department of State approved exchange program.

J-2

Spouses and children of J-1.

Nonimmigrant visitor/travel visas

B-1

Visitor visa for business.

B-2

Visitor visa for business.

Nonimmigrant visas fiancés and children of U.S. citizens

K-1

Fiancé of U.S. citizen.

K-2

Children of K-1.

Arrange a consultation today with the Signe Law to discuss whether you qualify for a non-immigrant visa.

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