THE RIGHT LAWYER FOR YOUR

E-2, E3, E4, E5, F-1, H-1B, H-2B, J-1, K1, L-1A, L-1B, M-1, O-1, P-1, Q-1, R-1, R-2, TN

VISA.

Persons who want to enter the U.S. temporarily for pleasure must first obtain a B-2 tourist visa. Applicants must show that:

• The purpose of the trip is to enter the U.S. for pleasure;
• The person plans to remain temporarily for a limited, specified period of time; and
• The person has a residence in a foreign country that he/she does not intend to abandon.

A foreign person is allowed to enter the U.S. if they are a citizen of a foreign country that has a ‘treaty of commerce’ with the U.S. The purpose of the trip must be:

• Solely to carry on substantial trade, including trade in services or trade in technology; and
• The trade must be principally between the United States and the foreign state of which the person is a national

A foreign person is allowed to enter the U.S. if they are a citizen of a foreign country that has a treaty of commerce with the U.S. In order to qualify for an E-2 Treaty Investor Visa, the foreign person must:

• Enter the U.S. solely to develop and direct the operations of an enterprise in which the person has actually, irrevocably, and substantially invested;
• Be a citizen of a country with a treaty of commerce with the U.S; and
• Work for an investing company where nationals of the Treaty Nation hold a majority ownership or control.

To qualify for an E-3 visa, an applicant must demonstrate:

• That the applicant has a legitimate offer of employment in the United States;
• That the position the applicant is coming to fill qualifies as a specialty occupation;
• That the applicant is an Australian citizen;
• That the applicant has the necessary academic or other qualifying credentials;
• That the applicant's period of stay will be temporary; and
• If applicable, before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation.

This category contains many subgroups, including:

• • Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors

• • Ministers of religion and other religious occupations

• • Former employees of the Panama Canal Company

• • Iraqi and Afghan interpreters/translators who worked with the US armed forces

• • Certain retired NATO-6 civilians

• • Foreign Medical Graduates

• Employees and former employees of the U.S. Government abroad

The EB-5 category requires an investment of $1 million (or $500,000 in a high unemployment or rural area) in a commercial enterprise that will employ 10 full-time US workers. Although the investor's role cannot be completely passive, he or she does not have to be involved in any way in the day-to-day management of the business unless he or she wants to do so. It is critically important that the investor be able to document the lawful source of investment funds, whether his or her own or funds given to him or her as a gift. The permanent residence obtained by the investor is conditional for two years and can be made permanent upon satisfying USCIS at the end of the two years that the investment proceeds have not been withdrawn and the requisite jobs have been created.

Persons who desire to enter the U.S. to pursue an education must first obtain a Student Visa. To qualify, the person must:

• Have a residence in a foreign country with no intent of abandoning;
• Be an actual student qualified to pursue a full course of study;
• Seek to enter the U.S. temporarily, solely for the purpose of pursuing a full course of study at an established college, university or other academic institution; and
• The U.S. Citizenship and Immigration Service must approve the school or program.

Persons who want to enter the U.S. to work in a professional occupation may be eligible to enter the U.S. under an H-1B Specialty Worker Visa. In order to qualify, the person must:

• Come to the U.S. to perform work in a specialty occupation (such as Programmer, Analyst, Consultant, Engineer, Accountant, and many more);
• The occupation must require the application of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent as a minimum requirement for the job;
• Establish that the person has full state licensure, if the position requires a license; and
• That the person has completed the educational degree required for entry into the job, or has the equivalent to the degree through experience and education.

Persons who want to enter the U.S. as a skilled or unskilled worker in a temporary job, where the job is by nature temporary, such as seasonal or intermittent jobs, may be eligible to enter under an H-2B Temporary Worker Visa. In order to qualify for an H-2B visa, the person must:

• Be coming to the U.S. temporarily to fill a job where the job by nature is seasonal or intermittent;
• Not displace a qualified U.S. unemployed worker in the regional area of employment; and
• Maintain a residence in a foreign country with no intention of abandoning.

Exchange-Visitor Program must first obtain a J-1 Visa. In order to qualify for the J-1 visa, the person must:

• Be a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description;
• Intend to come temporarily to the United States as a participant in an exchange program designated by the Director of the United States Information Agency;
• Enter for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training; and
• Maintain a residence in a foreign country with no intent of abandoning.

A foreign person, who is a fiance(e) to a U.S. citizen, may enter the U.S. temporarily under the K1- Fiance(e) Visa. In order to obtain a K-1 visa, the U.S. citizen on behalf of the fiance(e) must file the application, and the purpose of the admission into the U.S. must be solely to conclude a valid marriage with the petitioning U.S. citizen within ninety days after admission. After the marriage occurs, the foreign person can then apply for permanent residency as the spouse of a U.S. citizen and receive a green card.

A foreign person is allowed to enter the U.S. temporarily to work in the U.S. as an Executive or Manager of an international company. In order to qualify for a temporary work visa as an L-1A Intra-company Executive or Manager transferee, the alien must:

• Within the 3 years preceding the time of the application for admission into the U.S., been employed abroad for the overseas company, affiliate or subsidiary, continuously for one year;
• Work for a company that is an international company doing business in the U.S.;
• Have been employed abroad in an executive or managerial capacity;
• Be coming to the U.S. to work for the company in an executive or managerial capacity;
• be qualified for the executive or managerial position based on education and experienced gained prior to employment with
  the company; and
• Intend to depart at the completion of their stay.

A foreign person is allowed to enter the U.S. temporarily to work in the U.S. as a Specialized Knowledge Employee of an international company. In order to qualify for a temporary work visa as an L-1B Intra-company Specialized Knowledge transferee, the alien must:

• Within the 3 years preceding the time of the application for admission into the U.S., been employed abroad for the overseas company, affiliate or subsidiary, continuously for one year;
• Work for a company that is an international company doing business in the U.S.;
• Have been employed abroad in a position requiring specialized knowledge of a product or process of the company;
• Be coming to the U.S. to work for the company in position requiring specialized knowledge;
• Be qualified for the specialized knowledge position based on education and experienced gained prior to employment with
  the company; and
• Intend to depart at the completion of their stay.

Persons who desire to enter the U.S. solely for the purpose of pursuing a full course of study at an established vocational or other non-academic institution in the U.S. must first obtain an M-1 vocational student visa. In order to qualify, the person must:

• Maintain a residence in a foreign country with no intent of abandoning;
• Seek to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established
  vocational or other recognized nonacademic institution in the U.S.; and
• The U.S. Citizenship and Immigration Service must approve the vocational or non-academic program.

A Person with extraordinary abilities in the sciences, arts, education, business, or athletics can enter the U.S. temporarily to work if the person:

• Has extraordinary ability in the sciences, arts, education, business, or athletics;
• Has demonstrated extraordinary ability as evidenced by sustained national or international acclaim;
• Whose achievements have been recognized in the field through extensive documentation;
• Seeks to enter the United States to continue work in the area of extraordinary ability; and
• The person has a residence in a foreign country that he/she does not intend to abandon.

Persons who desire to enter the U.S. to work temporarily as an Athlete or a member of an Entertainment Group must first obtain a P-1 visa (individual entertainers, not including athletes, are not eligible for P-1 status). In order to qualify for a P-1 visa as an Athlete, the person must show:

• If competing individually, that the person has achieved international recognition as an athlete in the sport they are entering the U.S. to perform;
• If competing as part of a team, that the team has achieved international recognition in that sport;
• Seeks to enter the United States temporarily and solely for the purpose of participating in the sport; and
• That the person maintains a residence in a foreign country with no intent of abandoning.

In order to qualify for a P-1 visa as a member of an entertainment group, the person must show:

• That the group has been recognized internationally as outstanding in the field for a substantial period of time;
• The person is an integral part of the group and has had a sustained and substantial relationship with the group;
• Seeks to enter the United States temporarily and solely for the purpose of participating in the entertainment group; and
• That the person maintains a residence in a foreign country with no intent of abandoning.

In order to qualify for a P2 visa is reserved for artists and entertainers who perform individually or as part of a group, pursuant to a reciprocal exchange program between one or more U.S. organizations and one or more such organizations in other countries that provides for the temporary exchange of artists and entertainers.

In order to qualify for a P-3 visa is granted to culturally unique artists and entertainers, individually or as a group, coming to the United States to develop, interpret, represent, coach, or teach their particular art or discipline.

Persons who want to enter the U.S. as a participant in an international cultural exchange program must first obtain a Q-1 visa. In order to qualify for a Q-1 International Cultural Exchange Visa, the person must:

• Be coming to the U.S. as a participant in an international cultural exchange program approved by the U.S. Citizenship and Immigration Service;
• For the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien's nationality;
• Be employed under the same wages and working conditions as domestic workers similarly employed; and
• Maintain a residence in a foreign country with no intention of abandoning.

Religious Worker must first obtain an R-1 Visa. In order to qualify for an R-1 Religious Worker Visa, the person must be coming to the U.S. temporarily:

• Solely for the purpose of carrying on the vocation of a minister; or
• In order to work for an organization, at their request, as a professional in a religious vocation or occupation; or
• To work for a non-profit religious organization, at the request of the organization, in a religious vocation or occupation.

The person must have, for the 2 years immediately preceding the time of application for admission, been a member of a religious denomination having a bona fide nonprofit, religious organization in the U.S.

The R2 visa is a US temporary visa that authorizes the spouse and unmarried child (below 21 years) of an R1 visa holder to enter into the United States. The R2 status holders can stay in the country as long as the R1 holders remain in legal status. In other words, an individual lose his/her R-2 status once the principal R-1 person loses lawful status.

The R1 visa is a non-immigrant religious work visa issued to the following categories:

• Members of religious group or community who have an authentic nonprofit, religious institute in the United States.
• Aliens entering the US to work exclusively as the minister of a religious community or group.
• The US nonprofit religious organizations that recruit alien religious workers in various religious vocations, including religious instructors, liturgical workers, missionaries, catechists, etc

One can enjoy the following benefits on R-2 visa:

• On R-2 dependent visa, an individual can:
• Participate in full-time course of study in the U.S.
• Travel freely in and out of the US during the valid visa period.
• Apply for permanent residency status (Green Card).
  
  

Note: 

If you want to change the purpose of your visit while you reside in the country on a R2 visa, then you have to change or adjust your visa status. For this purpose, the R2 visa holder must file Form I-360 (application for special immigrant) and Form I-485 (application for Adjustment of Status).

Employment Regulations:

Under any circumstances, persons holding R2 are not allowed to earn income in the US. To be exact, the R-2 visa holders can not accept any employment. If they wish to work in the country, they must obtain a work visa, which is a temporary approval to live and work in the country. 

Extension of stay:

The initial R-2 visa may be granted for a period of up to three years. The R2 holder can apply for extension, if he/she wishes to stay longer. In this case, the applicant must submit Form I-129 (petition for a nonimmigrant worker extension) to the USCIS. In general, extension of stay may be approved for a period of up to two years. To be clear, the total period of stay for a person holding R2 dependent visa may not exceed five years.

Citizens of Canada and Mexico seeking to enter the U.S. temporarily to engage in work in the U.S. are eligible to enter under a TN NAFTA visa. In order to be eligible, the person must:

• Be a citizen of Canada or Mexico; Seek employment in the U.S. as a professional.
• Have at least a Bachelors degree or appropriate credentials demonstrating status as a professional in the profession to be performed while in the U.S.

• Members of religious group or community who have an authentic nonprofit, religious institute in the United States.
• Aliens entering the US to work exclusively as the minister of a religious community or group.
• The US nonprofit religious organizations that recruit alien religious workers in various religious vocations, including religious instructors, liturgical workers, missionaries, catechists, etc