IMIN LAW Employment & Family Based Immigration
This is a temporary visitor status for business (B-1) or for leisure and tourism (B-2). You can apply for this visa at the relevant United States Embassy or Consulate abroad for your region. In order to obtain a B visa, you must have a foreign residence that you have no intention of abandoning, and you must have the intent to visit temporarily for business or for pleasure. You must be able to demonstrate employment, family and other social ties to your residence abroad, and you must demonstrate adequate financial support for your stay. It is common to receive initial admittance for 6 months. In certain cases, it is possible to extend your stay after you arrive into the United States for a total stay of one year.
The United States is a very popular place to study for foreign students. In order to pursue studies, the potential student must apply to and be accepted by a school that is authorized to issue the SEVIS form I-20 for foreign students. The student should then obtain a SEVIS form I-20 from the prospective school and either apply for an F-1 visa abroad or apply for a change of status to F-1 if already in the United States in legal nonimmigrant status. The F-1 student must have a foreign residence which the student does not intend to abandon, have sufficient financial support, and maintain a full course of study. Dependent family members of F-1 students are eligible to receive F-2 status.
H-1B Specialty Occupation Visa
While there are several types of H visas for temporary workers, the most commonly utilized H visa status is the H-1B
Specialty Occupation. This status will allow you to work for a U.S. employer in a skilled profession. The position itself must be one that normally requires a minimum of a bachelor’s degree or its equivalent. You will need a job offer
from your employer, and your employer must pay you the minimum prevailing wage as determined by the Department of Labor. You may receive an initial H-1B term for up to three years and you may extend your status for another 3 years for a total of 6 years.
The E visa is a nonimmigrant status given to those who want to conduct business in the United States. Nationals of countries which have entered into treaty with the United States may apply for either an E-1 Treaty Trader or E-2 Treaty Investor visa. You can apply for E-1 visa status if you are a foreign individual or company involved in substantial trade with the United States, and 50% or more of the trade volume is principally with the United States. In order to qualify for an E-2 treaty investor visa, you as a foreign individual or company must make a “substantial investment,” and prove that it is more than just a marginal investment which will only sustain your cost of living.
R-1 Religious Workers
Religious workers and ministers may enter the United States to work in R-1 status for a religious organization. They must have been a member of the religious denomination for two years immediately preceding the filing of the application. R-1 applicants may apply directly at the consular post or file a petition to USCIS if already in the United States.
Other Nonimmigrant Categories
L-1: Intra-company transferee for managers/executives or employees with specialized knowledge.
M-1: Foreign students who wish to pursue vocational studies or non-academic studies.
O-1: Temporary worker visa status for those who have extraordinary ability in science, arts, education, business, and/or athletics.
P-1: Provides admission into the United States for certain athletes, entertainers, or artists, and essential support personnel.