NON-IMMIGRANT VISAS & REQUIREMENTS/QUALIFICATIONS

B-1 = Visitor for Business Purposes

• Engaging in Commercial Transactions without Employment (Example: contract negotiations, phone calls, etc.)
• Length of Stay in US = up to 1 year including 6 month extension

click here for more details on the B-1 Visa

B-2 = Visitor for Pleasure

• Tourist, Social, Health Visits
• Length of Stay in US = up to 1 year including 6 month extension

click here for more detaisl on the B-2 Visa

H Visas - Employment Visas

1) H-1B = Specialty Occupations

• Specialty Occupation = "bachelor's degree (3 years of work experience equals one year of school) or higher in the specific body of specialized knowledge."
• Approximately 90,000 visas per year
• Length of Stay = up to 6 years including 3 year extension

click here for more details on the H-1B Visa
 

2) H-1C = Visas for Registered Nurses

click here for more details on the H-1C Visa
 

3) H-2A = Temporary Agricultural Workers

4) H-2B = Skilled/Unskilled Workers if no US Citizens or Permanent Residents available

• length of Stay = 3 years maximum including two 1 year extension
• 66,000 visas per year

5) H-3 = Trainees is suitable for:

• Foreign nationals to receive training which is not available in their  country
   
• Foreign nationals as special exchange visitors to receive training in  educating children with physical, mental or emotional disabilities
   
• Multinational companies to send their foreign employees to the U.S. for  on-the-job training

click here for more detilas on the H3 Trainees

F = Students and Trainees

The F visa is used by Foreign nationals to enter the United Sates as monimmigrants in order to engage in academic studies in this country. These  students, who can range from elementary school students to doctoral candidates and persons, engage in post-doctoral studies. As long as (F-1) students are bona  fide nonimmigrants, they can pursue their academic goals in the United States without regard to the availability of similar training in their own country and  can remain here for many; years in order to complete a full academic program. The alient must first apply to a school and receive an I-20 authorization from an accredited educational institution.

click here for more details on the F Visa

J-1 - Exhange Visitors

The J-1 visa category is used by foreign students, scholars experts, medical interns and residents, "international visitors", and industrial and business trainees to enter the  United States as "exchange visitors", in United States government approved  Exchange-Vistor Programs, for the purpose of gaining experience, studying, or  doing research in their respective fields. The permissible period of stay for exchange visitors varies depending on the exchange visitor category in which the vistor is admitted.

click here for more details on the J Visa

O Visa - Persons with extraordinary ability in sciences arts, education, business or athletic        

Qualifications are as follows:

• prominent in her/his field of endeavor by receiving Nobel Prize or the like
  or at least 3 of following:
   
1. received national or international award
2. membership in organization that requires outstanding achievement
3. published materials in trade publication
4. judged work of others
5. original scholarly work of major significance in field
6. evidence of authorship of scholarly work
7. evidence of employment at acclaimed organization
8. has commanded high salary
    
• Length of Stay = 3 years
• Application Process Time = approximately 6 months

click here for more details on the O Vsa

L = Employee of foreign corporation to work in US Subsidiary

• must have worked in foreign corporation 1 of last 3 years,
• and come temporarily to work for US affiliate or subsidiary,
• and continue to work in managerial, executive, or specialized knowledge position
• Length of Stay = 3 years initially (1 year of subsidiary is less than 1 year old)
• Application Process Time = approximately 3-6 months

click here for more details on the L-1 Visa

E= Treaty Investor or Trader "entering in pursuance of the provisions of a treaty of
commerce between US and foreign country"

Treaty Countries are: Argentina, Australia, Austria, Belgium, Bosnia, Canada, China, Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras, Iran, Ireland,  Italy, Japan, Korea, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman,  Pakistan, Paraguay, Philippines, Slovenia, Spain, Surinam, Sweden, Switzerland, Thailand,  Togo, Turkey, United Kingdom

E-1: Treaty Trader

• E-1 solely to carry an substantial trade between the 2 countries
• executive or supervisor with "essential skills" and is national of that treaty country
• at least 50°I° ownership by foreign country
• direct trade and at least 51% of trade must be between US and the treaty country
• Length of Stay - up to 1 year - 2 year extensions

click here for more details on the E-1 Visa
 

E-2: Treaty Investor

• solely to direct or develop operations of enterprise he has invested a substantial amount: Alien must be:
• foreign national
• substantial trade - continuos flow involving numerous transactions over time
• 51% of trade must be between US and treaty country
• possession and control of funds - funds must be irrevocable & substantial
  (proportionality test)
• Marginality test -
• alien must have other funds to live on
• economic impact of business
• Length of Stay - up to 1 year - 2 year increments

click here for more details on the E-2 Visa
 

TN = Canadian or Mexican Professionals

This visa was established by the North Amercan Free Trade Agreement (NAFTA) and is granted to those Canadian or Mexican Professionals who seek to enter the U.S. temporarily. 

General overview of TN Visa:

• granted for 1 year intervals, but can be extended indefinitely
• Job/Position/Profession must be on NAFTA list (click here for specific list of occupations)
• Canadian applicants can apply and be approved in person at the airport the day of their flight, thereby making this visa also immediate
• Spouse and children of applicant can accompany applicant, but cannot work in the U.S.

 

IMMIGRANT VISAS AND REQUIREMENTS/QUALIFICATIONS

Family Sponsored Immigrants

Category 1 - Exempt from numerical limitations

• Spouses of US Citizens
• Children of US Citizens - "Children" are:
• unmarried, less than 21 years old, or
• legitimate or stepchild who has < 18 at time of marriage
• Parents of US Citizens (Citizen must be 21 years of age or alder)
• Application Process Time = Immediate stay in US and approximately 12 months for final

 Category 2 - Subject to numerical limitations

1st Preference - unmarried sons and daughters (and their children) of US Citizens

• approximate 4 year wait after filing I-130

2nd Preference -(a) spouses, minor children (under 21), and (b) unmarried children over 21 of US Permanent Residents

• approximate 4 year wait after filing I-130 for (a)
• approximate 9 year wait after filing I-130 for (b)

3rd Preference - married sons and daughters of US Citizens

• approximate 7 year wait after filing I-130

4th Preference - Siblings of US Citizens

• approximate 12 year wait after filing I-130

Employment Based Immigrants

1st Preference - “EB-1”

• Aliens w/ Extraordinary Abilities - qualifications similar to O Visa
• Outstanding Professors and Researchers - qualifications similar to O Visa
• Certain Multinational Executives and Managers

click here for more information on the 1st Preference Category - EB-1

2nd Preference - Advanced DegreelExceptianal Ability - “EB-2”

• Labor Condition Application unless national interest waiver mustbe masters or BA with 5 years experience
• 24 month application process

click here for more information on the 2nd Preference Category - EB-2

3rd Preference - Skilled Worker w/ Bachelors not available in US - “EB-3”
                       (Labor Condition Application)

click here for more information on the 3rd Preference Category - EB-3

Labor Certification - PERM

click here for more informration on the PERM process

Visa Lottery (Diversity Immigrants) - The visa lottery is the process whereby an individual applies to obtain one of the 55,000. immigrant visas available during a fiscal year. Winning one of these immigrant visas would give the individual and his or her spouse and minor  children status as a permanent resident in the United States.

click here for more information on Visa Lottery

Political Asylum - Must prove that you were persecuted on account of your political opinion, race, religion, nationality, or membership in a particular social group.

click here for more information on Asylums

Immigrant Investor Program - EB-5 - The EB-5 Immigrant Investors Program provides 10,000 immigrant  visas (i.e. green cards) to investors who want to establish a new business and create at least 10 full-time jobs.

click here for more information on the EB-5
 

Florido & Florido, P.A.
Attorneys at Law

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