Visa Immigration

There are numerous kinds of nonimmigrant, temporary visas with each serving a different purpose known by a letter number combination and name. The most popular are B-2 visitors, E-2 investors or F-1 students. When you are provided with a nonimmigrant visa, the United States government’s assumption is that you will perform a specific activity for a specific limited time while you are in the United States.

The principal difference is that all green cards are permanent while all nonimmigrant visas are temporary. If you have a green card, it can only be taken away if you violate certain laws and or regulations. However, the government can easily take away nonimmigrant visas. Legally acquiring a nonimmigrant visa does not help or hurt one as it relates to getting a green card.

Types of Nonimmigrant Visas

Business or Tourist Visa (B-1 or B-2)

For those who desire to come to the United States as a visitor on a B-1 visa or tourist on a B-2 visa. See I.N.A. § 101(a)(15(B), 8 U.S.C. § 1101(a)(15)(B); C.F.R. § 214.2(b)

B-1 Visa: You qualify if your intent is to visit the United States for temporary or a business trip.
B-2 Visa: You qualify if you are visiting the United States temporarily as a tourist or for medical treatment.

You must demonstrate that you intend to return to your home country upon your visit’s conclusion. Contact us to prepare your B-1 or B-2 visa petition. It is extremely important that you contact us if you have had difficulty previously acquiring a visa, overstayed a visa or are from a nation thought to sponsor terrorism.

Student Visas (F-1 or M-1)

The M-1 visa is for vocational students while the F-1 visa is for academic students. See I.N.A. § 101(a)(15)(F), 8 C.F.R. § 214.2(f), I.N.A. § 101(a)(15)(M), 8 C.F.R. § 214.2(m)

The following conditions must be met to qualify:

You must be accepted to a Government approved school as student visas are only issued to students who will attend United States schools that have received prior approval from USCIS for enrollment of foreign students.
You must be a bona fide student implying your intent to come to the United States must be to study and no other purpose(s)
You must be enrolled in a full course of study
The program must lead to attain a specific educational or vocational objective
You must have knowledge of the English language
You must show that you have adequate financial resources to complete your entire studies or course work without working
When you apply, you must intend to return to your home country upon completion of your studies

Family Members: If you qualify for an F-1 visa or M-1 visa, your spouse and unmarried children under age 21 can get an F-2 or M-2 visa. Your school must issue a separate Form for them.

Exchange Visitor Visa (J-1

Congress created the J-1 visa to promote educational and cultural exchanges between the United States and other countries. You must meet the following criteria:

Your intent must be to teach, train, study, work, consult or observe United States culture in a specific exchange visitor program
You should already have been accepted into a program
You should have enough money to cover your expenses
You should have sufficient knowledge of English
Your intent must be to return home when your status expires

Family Members: Your spouse and unmarried children under age 21 can get a J-2 visa with proper documentation.

Extraordinary Ability Visas (O, P, R)

O and P visas are for outstanding workers in education, arts, sciences, businesses, entertainment, and athletics. R visas are for Religious workers.

O-1 Visa Requirements:

You must have extraordinary ability demonstrated by at least three of the following:

Received an internationally or nationally recognized prize or award
Been the subject of published material in professional publications
Commanded a high salary
Previously employed in a critical capacity
Written scholarly articles
Made original contributions of major significance
Member of an association requiring outstanding achievements
Participated as a judge of others’ work

Other O, P, and R Categories:

O-2: For essential support personnel of O-1 athletes and entertainers
O-3: For family members of O-1 and O-2 holders
P-1: For internationally recognized athletes or entertainment groups
P-2 or P-3: For artists and entertainers under specific programs
R-1: For religious workers

Crime Victims Visa (U Visa)

The U visa offers temporary legal status to crime victims. Eligibility criteria include:

Victim of a “qualifying criminal activity” in the US
Suffered substantial physical and mental abuse
Able to provide useful information
Cooperating with law enforcement
Admissible to the United States or eligible for a waiver

Important Note: Only 10,000 U visas are issued annually. Processing times can be significant.

USMCA Professional Visa (TN)

The United States-Mexico-Canada Agreement, USMCA provides special privileges for Canadian and Mexican professionals:

TN Status: Available for certain professional occupations, lasting up to three years with renewable terms
Canadian Students: Simplified process for F-1, M-1, or J-1 status
F-3 Visa: Special visa for border commuter students from Canada or Mexico

US Immigration Services