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Law Office of Elaine Martin

6333 E. Mockingbird Lane

Suite  147-910

Dallas, TX 75214

214-329-4148 (phone)

866-318-8813 (toll-free)

info@martinvisalaw.com

Blog: martinvisalaw.blogspot.com

Skype:  emartinvisa

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© 2008 Law Office of Elaine Martin.  Please contact a lawyer for formal legal advice, information on this page is general information only, for advertising purposes


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Trusted, experienced and creative immigration services nationwide since 1997

Call toll-free: 866 - 318 - 8813

 

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Nonimmigrant visas are for international travelers, (citizens of other countries), coming to the United States temporarily.  International travelers come to the US for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work.  A full list of nonimmigrant visas available under immigration laws is here.  The most common types of nonimmigrant status, and their purposes and duration, are listed below.

 

 

 

Visa type

Requirements/Purpose

Duration

Comments

B-1

Visitor for Business:  people in the US for a short time to engage in business activities such as negotiating contracts for overseas employees, consulting with business associates, attending professional conferences, or conducting independent research.  May not engage in any employment in the US, including salaried work or services performed on an independent basis. Incidental part-time study is allowed.

 

Varies, depending on the consulate.  Each entry to the US is usually for 6 months or less.

 

B-2

Visitors for Tourism:  people in the U.S. for travel, tourism, or recreation. No employment is allowed.

Varies, depending on the consulate.  Each entry to the US is usually for 6 months or less.

 

 

E-1

Treaty Trader: people coming to the US as managers or “essential skills” employees, to conduct trade under a treaty between their country and the US.

Visa usually granted for 5 years.  Each entry to the US is usually for 2 years.  No maximum E-1 duration.

E-1 spouses can apply for work authorization.

E-2

Treaty Investor: people coming to the US as managers or “essential skills” employees where they will be working for a company that has the same nationality as they do, and their country has a treaty with the US.

 

Visa usually granted for 5 years.  Each entry to the US is usually for 2 years.  No maximum E-2 duration.

E-2 spouses can apply for work authorization.

E-3

Australian citizens coming to the US to work in a specialty occupation, i.e. an occupation that requires a degree in a  specialized field.

2 years, and can be renewed indefinitely

E-3 spouses can apply for work authorization.

F-1

Students engaging in a full course of academic or language study in an accredited educational programs.

 

Duration of study program

Spouses and children of F-1 students cannot work in the dependent (F-2) status.

H-1B

Foreign nationals coming to the US to work in a specialty occupation, i.e. an occupation that requires a degree in a specialized field.

6 years maximum, 3 years at a time.  May be extended past 6 years if permanent residence (green card) has reached a certain stage.

Only a limited number of new H-1Bs are allowed every year, and demand far exceeds supply.

 

No work authorization for dependents.  

H-1B1

Foreign nationals from Chile or Singapore coming to work in a specialty occupation, i.e. an occupation that requires a degree in a  specialized field.

1 year at a time, can be renewed.

No work authorization for dependents.

H-2A

Temporary agricultural worker.

1 year, with extensions to a maximum of 3 years.

No work authorization for dependents.

 

H-2B

Temporary, seasonal, worker.

1 year, with extensions to a maximum of 3 years.

No work authorization for dependents.

H-3

Trainees in the US for a temporary period to participate in a training program provided by a specific employer.

 

Up to 2 years, depending on the length of the training course.

No work authorization for dependents.

J-1

Exchange Visitor in one of the following categories: Au pair, Camp Counselor, Student, Government Visitor, International Visitor (reserved for U.S. Department of State use), Alien physician, Professor, Research Scholar, Short-term Scholar, Specialist, Summer work/travel, Teacher, Trainee

Variable, depending on the program sponsor and the duration of the program

Some J-1 holders are subject to a 2-year residence requirement, i.e. they must reside in their home country for at least two years after their J-1 stay, unless they get a waiver of this requirements.

J-1 dependents (J-2) can work in the US.

K-1

Fiancé of U.S. Citizen.

 

4 months.

Must marry within 90 days of entry to US.  K-1 holders and their minor children)K-2s) can work in K status.

K-3

Spouse of US Citizen, where I-130 is pending.

2 years, extensions possible.

K-3 holders and dependents (K-4s) can work.

L-1

Multinational Transferee:  people coming to the US to work as a manager/executive (L-1A) or specialized knowledge (L-1B) employee, who worked for a related company outside the US for at least one year out of the past 3 years.

2 years each time, up to a maximum of 5 years for L-1B and 7 years for L-1A holders.

Spouses of L-1 holders can get work authorization.

M-1

Vocational Student: people enrolled in a vocational or other non-academic program.

 

1 year each time, up to 3 years maximum.

No work authorization for dependents.

 

O-1

Extraordinary Ability: people with  extraordinary ability in the sciences, arts, education, business, or athletics .

3 years, can be renewed indefinitely.

No work authorization for dependents.

 

P

Athletes and Group Entertainers.

5 years (athletes), up to 10 years maximum.  1 year (sports team or entertainment group).  

No work authorization for dependents.

 

 

R-1

Religious Workers.

5 years.

No work authorization for dependents.

 

 

TN

Canadian or Mexican Citizens working in occupations specifically listed in the NAFTA treaty.

3 years, can be extended indefinitely.

No work authorization for dependents.