Non-Immigrant Visas

H-1B visas are available for foreign individuals working in “specialty occupations.” “Specialty occupations” can be defined as occupations requiring at least a Bachelor’s degree in the field of intended employment or it’s equivalent (requirement may be met with a 3-year degree & 3 years of relevant post-graduate experience). H-1B visas are typically petitioned by the company, organization, or employer on behalf of the foreign individual that they intend to employ. H-1B visas cannot be self-petitioned as individuals seeking these visas cannot apply for them themselves.

H-3 non-immigrant visas, otherwise known as “Trainee” visas, are for foreign nationals coming to the United States with the intention of obtaining training certain fields. Such training can be for “any field of endeavor,” save for graduate medical training/education. The training also cannot specifically focus on providing productive employment. In certain scenarios, it may be possible for nurses to receive training in the US with the H-3 visa. Foreign medical student residents and /or interns may also fall into the H-3 visa category if there to participate in a temporary internship or residency at a U.S. hospital.

The F-1 visa category is intended as a non-immigrant visa allotted by a U.S. Consulate or Embassy abroad, for an individual to come to the U.S. in pursuit of full-time academic studies at some U.S. educational institution/school. This foreign individual must endeavor to complete a full course of study in any approved colleges, universities, seminaries, conservatories, academic high schools, private elementary schools, language training courses, or other US academic institutions. F-1 visas usually remain valid for the duration of that student’s time enrolled in whatever academic institution he/she was approved.

J-1 visas are designed for “exchange visitors” to the U.S. They are authorized for individuals planning to participate in approved programs of instructing, conducting research, consulting, receiving training, or receiving graduate medical education and/or training. An exchange program is responsible for sponsoring these individuals. The exchange program’s purpose is to promote exchange of education, arts, and science related knowledge and skills.

K visas are designed for those foreign individuals who are engaged to U.S. citizens and their children. The engaged individuals would have the K-1 visas, and their children would have the K-2 visas. Foreign individuals already married to U.S. citizens would have K-3 visas, and their children would have K-4 visas, in order to move to he U.S.

L1 visas are designed for intercompany transferees who will work as managers, executives, or persons of specialized knowledge for up to seven years in the U.S. The L-1 status can be allotted to a foreign individual was employed for one year by a branch or subsidiary of the petitioning company in the U.S. for one year, during the three year period that preceded the application for admission to the U.S. with the 3 years preceding his/her application for admission to the U.S.

The M-1 visa is a non-immigrant visa issued by a U.S. consulate abroad to an individual who intends to come to the U.S. to pursue a full-time course of studies at a U.S. educational school or institution. The M–1 visa is appropriate for students who want to pursue a course of study that is not principally academic in nature, and foreign students who wish to obtain an M-1 visa must intend to pursue a full-course of study at an approved community or junior college, vocational institution, or other nonacademic institution. M-1 visa recipients are typically admitted to the U.S. for the specific duration of the time necessary to complete the particular course of study plus a 30-day grace period, or for 1 year, whichever period is shorter.

R-1 visas are the visas designated for foreign nationals intending to be employed (for at least 20 hours a week) by a religious, non-profit organization in the U.S. They may be employed as ministers or in approved religious occupations or vocations and must have been members of the U.S. religious organization for at least 2 years.

Those eligible for U visas would be those who are crime victims, mental and/or physical abuse victims, or those who law enforcement may deem beneficial in investigations or prosecutions.

E-3 visas are U.S. visas solely available to Australian nationals. These “Australian Special Occupation” visas are designed specifically for individuals who are going to the U.S. “solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia.”

The O-1 status is designed for foreign individuals seeking non-immigrant statuses. The individual must have qualifying evidence of having an extraordinary ability in a science, art, education, business, or athletic field with international/national prestige. Evidence of a record of extraordinary achievement in the television/motion picture industry may also qualify one for O-1 status.

Those qualifying for SUS, the Special Immigrant Juvenile status, must be undocumented immigrants, under 21 years old, who were subject to abuse, neglect or abandonment.

A B1 visa is intended for a visitor planning on coming to the United States for a business affair, including that of a meeting, seminar, convention, contract signing, or a real estate deal.

A B2 visa is for those seeking a visa to come to the United States for tourism/pleasure, medical treatment, unprofessional artists/musicians, or unprofessional athletes.