Non-Immigrant Visas

Non-immigrant visas are generally arranged alphabetically, and are often granted for a specific purpose and duration; at the conclusion of which the visa expires and the visa holder has to return home.

A Visa: To qualify for an A-1 or A-2 visa, applicants must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed, must be governmental in character or nature, as determined by the United States Department of State, in accordance with immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature or traveling, as tourists, require the appropriate visa, and do not qualify for diplomatic visas.

B Visa: Business travelers may enter the United States using a B1, or 'Visitor for Business' Visa. In practice these visas are invariably issued as jointly with B2, or 'Visitor for Pleasure' (i.e. Tourist) visa. This practice means that, if a candidate has an old tourist visa, it may be valid for a planned business trip. For those who come under the visa-waiver scheme, details of which are provided below, there is usually no need to apply for a visit visa at all if the candidate wishes to visit the US for three months or less.

C Visa: C1 Visas - These USA visas are applicable to aliens passing in immediate and continuous transit through the United States. (Foreign representatives passing through the United States are entitled to C3 visas). Immediate transit can be defined as reasonably expeditious departure in normal course of travel given the prevalent circumstances.

The C1 holder must have in his/ her possession, a ticket or documents to prove his/ her departure to his/her destination and is also required to obtain a letter from the shipping company pledging to pay costs of removal if necessary. The applicant needs to possess adequate funds for the transit, permission to enter the third country. The period of stay is limited to 29 days.

D Visa: This visa is afforded to crewmen serving in good faith in any capacity required for normal operating and service on board a vessel. This includes people employed by the owners or concessionaire and trainees. The nature of the employee's duties, when those duties are performed and whether the employee has a permanent connection with the carrier and whether his/her employment is required for the vessel's operation are factors that are considered in determining whether an employee is entitled to D visa status.

There are two types of this visa category, individual D visas and crew list visa. There are also D1 visas (which apply to crews on all types of carriers except United States based fishing vessels) and D2 visas for USA based fishing vessels temporarily visiting Guam. The period for admission on this visa is 29 days.

E1/E2: The Treaty Trader/ Treaty Investor visa is granted to nationals of countries with which the United States has entered into bi-lateral agreements or Treaties of Friendship and Commerce. This allows the applicant to live and work in the United States in order to develop and direct an enterprise. This visa is granted for two to five years and can be extended indefinitely as long as the visa holder maintains the status. Spouses of E visa holders may also apply for and obtain work authorization.

F Visa: Students wishing to pursue their studies in the United States can apply for and enter with an F1 visa. If you are interested in studying in the US at an accredited college or university, you will probably need an F1 student visa. The J1 visa (for exchange visitors participating in a program approved by the State Department) is also sometimes available for students. Applicants for F1 student visas need to first select a school that accepts international students and also make sure that the school that they select is accepted by the US CIS to sponsor foreign students.

G Visa: G1-G5 visas are issued to representatives of foreign governments to international organizations located in the United States. Their family members are issued the same visa. The visa is valid for one year and renewable. They cannot work outside the organization without work permit.

H1B: Visa is filed for nationals of a foreign country, who intend to reside and work in the United States. The employer needs to apply for the H1B visa, which has certain pre-requisites: it will only be granted to professionals who will work in a "specialty occupation". This requires highly specialized knowledge and requires at least a Bachelor's degree or its equivalent in the specific specialty. An H1B is granted for a total period of six years. Spouses and dependents of H visa holders are not eligible to apply for work authorization unless they qualify for a work visa on their own. The H visa covers the H1B, H2A, H2B and H3 categories. Currently, the United States has limited the number of visas to 65,000 visas.

H1C: Visa is granted for registered nurses. To qualify for the H1C visa, a nurse must have a full and unrestricted license to practice professional nursing in the country where he/she obtained his/her nursing education, or have received nursing education in the US; have passed an appropriate examination (determined by the DHHS), or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the United States.

H2A: Visa is granted for temporary agricultural workers with job offers from companies in the United States. It is also applicable for foreign nationals to perform agricultural labor or services of a temporary or seasonal nature.

H2B: Visa is granted for temporary workers in non-agricultural positions in which the employer has to obtain a labor certification for an employee. Some of the categories of applicants are typically: Foreign athletes, trainers or artists with a job offer from a United States employer; skilled workers in crafts and trades who are able to perform tasks for which no United States workers are available. The H2B visa is also made available to companies in the United States hiring foreign nationals to perform temporary work for which no local workers are available.

H3: Visa is a Trainee Visa for foreign nationals to receive training which is not available in their country. The visa is also applicable to foreign nationals who wish to enter as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities. Multi-national companies who require their employees to be trained in the United States for on-the-job training can also make use of this visa.

I Visa: An I visa, is a nonimmigrant visa which allows bona fide foreign nationals who are the representatives of foreign press, radio, film, or other foreign information media to enter the United States in connection with the production of documentaries or newsworthy events. Both print and film activities are included in this category. The applicants/ media representative should have an office in their home country.

J Visa: The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Applicants may include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.

K1 Visa: As a citizen of the United States, you are legally permitted to petition to bring your fiancée as an immigrant into the country. Once the petition has been approved, your fiancée can obtain a K1 Visa from the US Embassy of the country of her/his residence. This law applies only to citizens of the United States, not legal permanent residents.

K3 Visa: The United States government and the US CIS offer special visas for United States residents to bring their foreign-born spouses into America. Until recently it was a slow and laborious process to bring one’s spouse into the United States, even slower than K1 visas (fiancée visas), but now, the US CIS has expedited the processing of K3 or spouse visas making it easier too.

L1A/L1B: Visas are open to intra-company transferees – for transfer of company personnel from a foreign entity to a related United States entity. The categories of the types of personnel who may be transferred on this visa are: Managerial, Executive and "Specialized Knowledge."

M Visa: M visas are granted to persons/ students traveling to the United States to pursue nonacademic study. M Visas are appropriate for study at nonacademic high schools and junior colleges, and study at vocational schools, including study of such topics as dance, beauty, design, or flight instruction. An M visa is not appropriate for study at an academic institution, nor is it for English language instruction. Such study requires the F visa. Should you require an academic qualification from the United States, then you will require an F Visa. Please refer to Student (F) visas for further information.

O1 Visa are granted to persons of extraordinary ability in the arts, sciences, education, business or athletics or those who can prove extraordinary achievement in the motion picture or television industry. Persons assisting O1s in the artistic or athletic performance are also admitted under the O2 category. Spouses and children of O1 or O2 applicants are admitted in the O3 category.

P1 Visas are granted to artists, athletes and entertainers, individually or as part of a group or team or a member of an internationally recognized entertainment group. The P2 visa is given to an artist or entertainer performing under a reciprocal exchange program; P3 visas to those arriving solely to perform, teach or coach under a program that is culturally unique. Dependents are classified as P4.

Q Visa: This falls under the "Q" international cultural exchange program and has been designed for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the applicant’s home country, in the United States.

R Visa: Religious workers seeking to temporarily enter the US to pursue work in their field are likely to enter using the R nonimmigrant visa. These typically include a minister, a person working in a professional capacity in a religious occupation or vocation, or a person who works for a religious organization or an affiliate in a religious occupation who has been a member of the religious group for at least the two years immediately preceding the application.

These categories of visas are only a part of an exhaustive list. For these visas and also those not mentioned herein, do contact us or send in your details and we will be at your service.

For further information visit the following websites:
www.travel.state.gov/visa
http://www.uscis.gov/