Immigration

NONIMMIGRANT VISAS

  • Temporary visas that allow entrance to the U.S. and work in certain scenarios
  • There are over 22 different categories of nonimmigrant visas
  • Many people enter the U.S. on a nonimmigrant visa and then later convert to an immigrant visa

IMMIGRANT VISAS

  • Often referred to as "Green Cards"
  • Indicate a desire to permanently reside in the U.S.
  • Must be sponsored by either an employer or immediate family member

BUSINESS IMMIGRATION NONIMMIGRANT VISAS

  1. THE TRADE NAFTA ("TN") VISA
    1. This visa is designed for a citizen of Canada or Mexico seeking to enter the U.S. for a temporary period of one year
    2. The North American Free Trade Agreement enumerates many occupations that fall under this category
    3. The visa is applied for at the U.S. borders directly and adjudication is up to the Immigration official
  2. THE BUSINESS VISITOR ("B-1")
    1. A temporary visitor for a short term or limited business purpose
    2. Widely used by business people coming in for a seminar, conference or meeting
    3. Also, used by people coming in to set up a corporation
  3. TREATY VISAS ("E-1" OR "E-2")
    1. Nationals of countries that have a treaty in effect with the U.S.
    2. E-1 is for nationals who will open a business that engages in trade with the treaty country
    3. E-2 is for nationals who will invest a substantial amount of money in an existing or new business in the U.S.
  4. TEMPORARY NONIMMIGRANT WORKERS IN A SPECIALTY OCCUPATION ("H-1B")
    1. These visas are for people coming to work in an occupation that typically requires at least a Bachelor’s Degree
    2. The beneficiary must hold a degree or the equivalent in work experience
    3. The Department of Labor and USCIS are involved in the visa process
  5. TEMPORARY VISAS FOR NURSES ("H-1C")
    1. The facility must have an attestation on file with the Department of Labor and must meet specific requirements
    2. 500 visas available annually
  6. TEMPORARY AGRICULTURAL WORKERS ("H-2A")
    1. Must demonstrate a peakload or seasonal need
    2. Must make position available to US workers
    3. DOL and USCIS involved in application process
  7. SEASONAL OR PEAKLOAD WORKERS ("H-2B")
    1. Must demonstrate a short term need
    2. Must advertise position to ensure no availability of a U.S. worker
    3. Limit of up to 3 years
  8. MANAGEMENT TRAINEES ("H-3")
    1. Training program in place at facility that incorporates classroom education as well as on the job training
    2. Must not be replacing any U.S. workers or employees at the facility
    3. On the job training is nonessential work
    4. Limit of 24 months
  9. EXCHANGE VISITORS ("J-1")
    1. Cultural Exchange Programs
    2. Foreign Medical Graduate
    3. Certain training programs
    4. May be subject to a foreign residency requirement
  10. INTRACOMPANY TRANSFERS ("L-1")
    1. Individuals who are employed for at least one year in the three preceding years abroad
    2. Come into the U.S. to work for a subsidiary, parent, joint venture or affiliated company in the U.S.
    3. Up to 7 years
    4. May be pre-certified for immigrant status
  11. ALIENS OF EXTRAORDINARY ABILITY ("0")
    1. May be either in Arts, Science and Athletics
    2. Can be anyone from a professional baseball player to a professor of established esteem or even a well versed business professional
  12. ALIENS OF INTERNATIONAL ACCLAIM ("P")
    1. Athletes
    2. Dancers
    3. Artists
    4. Multi-Cultural Programs
  13. RELIGIOUS WORKERS
    1. Must have belonged to that sect for at least one year abroad
    2. May come in as administrative or as religious workers

    14. IMMIGRANT VISAS

  14. PRE-CERTIFIED OCCUPATIONS
    1. Multinational Managers or Executives
    2. National Interest Waivers
    3. Registered Nurses
    4. Physical Therapists
    5. Immigrant Investors
  15. LABOR CERTIFICATIONS
    1. PERM
    2. Requirement to test the US labor market prior to filing
    3. Must work with the DOL to ensure no US worker is available for the position
    4. Now filed electronically
  16. ACTUAL FILING OF IMMIGRANT VISA PETITION
    1. May either adjust status in the U.S. if alien is here in a nonimmigrant capacity
    2. May Consular Process from abroad
    3. Time frames-anywhere from 8 months to 10 years depending on quotas
    4. Family members may also receive immigrant visa as dependents (children must be under 21)