Non-Immigrant Visas
Practice Areas
Non-Immigrant Visas
NAFTA Treaty (TN)
The TN (Trade Professional) visa is available to Canadians and Mexicans as part of the North American Free Trade Agreement (NAFTA). To those who are granted a Trade Professional Visa, a numerous amount of benefits are opened up to them through the NAFTA. Jobs that qualify for a TN visa are provided in a comprehensive list on the NAFTA. Canadians have the choice to apply for TN visas at land borders or airports while Mexican citizens must apply at a U.S. consulate. Although TN visas generally have an expiration date of three years, they can be renewed for an unlimited amount of […]
Specialty Workers (H-1B)
Every fiscal year there is a certain limitation placed on the number of specialty workers visas that are to be granted, including H1B and H2B visas. These visas are typically granted to those who want to work in a specialized work field, bring excellent services to a Department of Defense cooperative research and development project, or a well-renowned fashion model. Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, as well […]
Intra-company Transferees (L-1)
An employee who has specialized knowledge and currently is a managerial or executive employee at a foreign company may be able to earn a L-1 visa per request of the employer. A L-1 visa is transferred to a branch or subsidiary of the company that is located in the United States. In order to be considered for a L-1 visa, the employee must have spent one year within the past three years working for the same employer requesting their L-1 visa. A L-1 visa holder is usually called an intracompany transferee. This type of visa is only a temporary nonimmigrant […]
Treaty Traders / Investors (E-1/E-2)
The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a citizen of another country planning to come to the United States to negotiate substantial trade. Those who are partaking in trade in services or technology between a treaty country and the United States may be eligible for a E-1/E-2 visa. Treaty Trader (E-1) The E-1 visa is available to foreign nationals whose countries have a reciprocal treaty with the United States. To be eligible, the treaty trader must carry on substantial trade, principally between the United States and the country where the foreign national is from. There is no assigned dollar […]
Students (F-1)
The United States has been looked up to by many other countries as a country with a proper, fair, and strong education system in place. The F-1 student visa is the primary way by which non-U.S. citizens come to the United States to attend college, high school, private elementary school, seminary, conservatory, language training program, or other academic institution. F-1 student visa is extremely abundant among students and exchange guests who plan on coming to the United States to further their education.
Athletes / Entertainers / Artists (P and O)
Individuals with Extraordinary Ability or Achievement This visa is available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, or those who have a demonstrated record of extraordinary achievement in the motion picture or television industry. P Visa The P Visa is granted to a performer, including an athlete, who is part of a group or team that is internationally recognized. Although the sole purpose of the stay is limited to a single performance, appearance, or competition, a single event is defined by Immigration to include an entire season, itinerary, or contract. For this reason, […]
Essential Workers (H-2B)
Workers who are seeking vocational training or semi-skilled workers who are seeking to fill non-agricultural work positions may be eligible for H-2B visas as essential workers. Landscapers and construction workers are some examples of those who are well-suited to apply for a H-2B visa. However, H-2B visas can only be obtained by citizens of the specific countries the Secretary of Homeland Security has approved. There are many restrictions and regulations in place regarding the obtainment of a H-2B visa. The H-2B is a temporary worker visa. The worker seeking a H-2B visa does not need a bachelor’s degree. Nonetheless, H-2 petitions will only […]
Religious Workers (R-1)
A “religious worker” visa, also known as a R-1 visa, is for foreign nationals who come to the United States to be employed as a religious worker in the United States. R-1 visas are available for those who work as religious workers at least 20 hours per week for a non-profit religious organization. A religious worker constitutes one who is dedicated to the service of the religion and its teachings. Those working at a religious institution as a clerk, receptionist, or any other unrelated jobs do not fall under “religious workers”. Whether you are coming to the United States […]
Victims of Crime (U)
For those who have been victimized by a crime and have suffered mental/physical abuse can be granted a U nonimmigrant status also known as a U visa. This visa is also granted for those who are helpful to the investigation or prosecution of criminal activity. When a victim is able to provide substantial help to law enforcement or government officials in prosecuting and/or investigating the criminal activity, they will be eligible for a U visa. The U Visa was created to assist victims of violent crime to be able to speak up and report the crimes they are experiencing […]
Things to watch out for when adjusting status to an F-1 visa
Recently, cases that fall under the Bridge Gap Policy have been closely screened. If you are looking to change your status to the F-1 visa, it’s strongly recommended that you speak with a lawyer before proceeding.
The O-1 visa as an alternative for those who are not selected for H1B
Once the selection period for an H-1B visa ends, if you have not received any results, it may be time to consider an alternative route. The O-1 visa is one that may be a possible substitute for H1B hopefuls. Commonly called the “Artist visa,” the O-1 visa is not necessarily limited to a fixed number of fields and can apply to any individual with extraordinary abilities. Any person who can demonstrate they are an individual possessing extraordinary achievements in the arts, athletics, or design can apply for an O-1 visa. The visa can also be issued to those who can […]
How to gain parole in the U.S. by starting a business_International Entrepreneur Parole
Following an executive order by President Biden, foreign entrepreneurs are now able to gain authorized stay in the U.S. through International Entrepreneur Parole, or IEP. This rule applies to those who begin a business and create jobs. Though commonly known as the foreign entrepreneur visa or the start-up visa, IEP should most accurately be understood not as a visa, but as a grant of parole to allow entrepreneurs to work, and operate a start-up, in the U.S. Requirements to receive IEP are as follows. First, Entrepreneurs must have started a business venture in the U.S. within five years of applying. […]
How to prepare for the H-1B visa in 2022
In order to be an eligible employer, a business must have a Federal Employer Identification Number in the U.S., provide a professional job and pay fair wages. The employer must pay for any H1B visa-related attorney and immigration filing fees as part of its operating fees; inspection sometimes will check to see who paid the fees.
Visas and Green Cards for STEM majors
Immigration paths for STEM (Science, Technology, Engineering, Mathematics) are increasing. The Department of Homeland Security has added 22 new fields of study to the STEM Optional Practice Training program. Soon-to-be graduates should check with their school with a CIP code to make sure their majors are included, as economic and business majors may also be eligible. After graduation, STEM majors can receive OPT for one year and extend it by another two years under the STEM OPT program, making it possible to skip having to acquire a work visa and get an employment-based green card. For context, non-STEM majors who have […]