 |
 |
|
|
The A visa authorizes entry to the U.S. by diplomats, state officials, and government-accredited employees of foreign countries having formal diplomatic relations with the U.S.
The B visa authorizes aliens, who have no intention of abandoning a residence in their home country, to make temporary visits to the U.S. for business or pleasure. "Pleasure" visits include tourism, visits with friends or relatives, and medical treatment. Allowable business visits include meeting a U.S. client or signing a contract with a U.S. company, but do not include working for a U.S. employer.
The C visa authorizes aliens to enter the U.S. for "immediate and continuous" transit through the U.S. to another foreign country. It is most typically required by aliens with lengthy stopovers at one or more U.S. airports while en route from one foreign country to another.
The D visa allows alien members of a ship or airplane crew to temporarily enter the U.S. A crewmember is defined to be a person required for normal operation and service on board a vessel (e.g., captain, sailor, pilot, flight attendant). Any person aboard the vessel who is not normally required for normal operation and service does not qualify for a D visa and must have some other class of visa in order to leave the vessel and enter the U.S.
The E visa is granted pursuant to a special treaty between the U.S. and the alien’s home country intended to promote trade and investment between the two nations. An E visa is granted to an alien coming to the U.S. who will (1) engage in substantial trade between the U.S. and the alien’s home country or (2) develop and direct a U.S. business enterprise in which the alien or the alien’s foreign employer has invested substantially. While such visas are usually granted to aliens who are to be employed in the U.S. by large foreign corporations with extensive U.S. trade and/or investments, many E visas are granted to individual entrepreneurs directing businesses with much smaller, though not insubstantial, levels of U.S. trade or investment. The E visa alien’s immediate family members are granted derivative E visas to accompany the principal alien. The spouse of the principal E-visa alien may apply for work authorization.
An F visa is granted to a bona fide student, and his or her immediate family members, where the student wishes to enter the U.S. for the sole purpose of pursuing a full course of study at an established educational institution, then return to his or her home country. An F visa student may work during his or her studies, but only under extremely limited circumstances. After the completion of his or her studies, a student may also qualify for a one-year period of practical training, during which time the student may be granted employment authorization.
A G visa is granted to foreign government representatives to an international organization based in the U.S. (e.g., the World Bank, the International Monetary Fund), or to officials or employees of such organizations. The G visa alien’s immediate family members, and domestic servants, are granted derivative G visas.
The H visa is appropriate for non-immigrants who intend to work temporarily in the U.S. (i) in a specialty occupation (i.e., a job requiring at least a college degree) for which they have the required education and experience; (ii) in certain seasonal occupations (e.g. agricultural laborer, ski instructor); or (iii) as trainees.
The I visa authorizes bona fide journalists, reporters, and other foreign media representatives to work in the U.S. on behalf of a foreign media organization. In certain circumstances freelance journalists may also be granted an I visa. The media representative’s immediate family members are allowed to enter the U.S. on derivative I visas.
A J visa authorizes temporary entry into the U.S. by an alien and his or her immediate family members, where the alien falls into one of several categories of "exchange visitors," e.g., Au Pairs, University Professors, Research Scholars, Camp Counselors, and Students, and where the alien’s work or studies in the U.S. are sponsored by a government-approved exchange visitor program. Students who are not sponsored by such a program must enter the U.S. under some other appropriate visa category, e.g., as F visa students.
The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the U.S. for a period of 90 days to marry the U.S. citizen, obtain work authorization, and apply for permanent residence. The K-1 fiancé(e)’s minor children are allowed to enter the U.S. with K-2 visas. A K-3 visa may be granted to an alien who (i) has already concluded a valid marriage with a citizen of the United States, (ii) is the beneficiary of an Immediate Relative immigrant visa petition filed by the alien’s U.S.-citizen spouse, and (iii) seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa. The unmarried, minor children of a K-3 spouse may be granted K-4 visas.
The L visa is appropriate for certain managers and executives who within 3 years of applying for admission to the U.S. have worked at least one continuous year overseas for an affiliate of the same company that seeks to employ the manager or executive in the U.S. The L visa also allows the principal alien’s immediate family members to enter the U.S. The law permits the spouse of the principal L-visa alien to apply for work authorization.
Students who wish to enter the U.S. to study at a bona fide vocational or nonacademic institution (e.g., dance or acting academy, flight school, music school), and who have no intention of abandoning their foreign residence, may be granted an M visa.
The N visa may be granted to (i) the parent of a "special immigrant" child, and to any other children of the special immigrant’s parent, or to (ii) the children of a special immigrant. Special immigrant status includes several different categories of aliens, including U.S. permanent residents returning from a temporary visit abroad, certain religious ministers, and certain retired former employees of the U.S. government abroad.
Qualifying aliens of extraordinary ability in the sciences, arts, education, business, or athletics who have no intention of abandoning their foreign residence may obtain an O visa for entry into the U.S. to continue working in their field. The law generally defines "extraordinary ability" to be ability demonstrated by sustained national or international acclaim or which has been recognized in the alien’s field through extensive documentation. The O visa also allows the principal alien’s essential professional assistants and immediate family members to enter the U.S.
The P visa is appropriate for (i) athletes who, individually or as part of a group or team, perform at an internationally recognized level of performance (e.g., aliens who are members of professional U.S. sports teams) and (ii) certain artists or entertainers who, individually or as part of a group, perform at a level that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time. The P visa also allows the principal alien’s immediate family members to enter the U.S.
The Q visa permits non-immigrants, who have no intention of abandoning their foreign residence, temporary entry into the U.S. as a participant in a government-approved cultural exchange program. The Q visa also allows the principal alien’s immediate family members to enter the U.S.
Certain ministers and religious workers, with their immediate family members, who wish to work temporarily in the U.S. in a religious occupation, may enter the U.S. on an R visa.
The S visa authorizes entry into the U.S. by alien witnesses and informants (i) who the U.S. government determines are in possession of information regarding criminal or terrorist organizations; (ii) who are willing to supply this information and cooperate with the U.S. government; and (iii) whose presence may be necessary for successful investigation and prosecution or who may be in danger as a result of providing this information.
Certain victims of human trafficking (i.e., individuals compelled to enter the sex trade, slavery, and involuntary servitude) (i) physically present in the U.S. because of this trafficking; (ii) who have cooperated with an investigation or prosecution of acts of trafficking or who are under the age of 15; and (iii) who can show severe hardship if removed from the U.S. are eligible for a T visa.
The U visa allows entry into the U.S. for an alien who was a victim of certain serious crimes, has information on the crime, and has helped the authorities in the investigation of the crime.
Certain alien spouses and minor children of U.S. Legal Permanent Residents who have pending or approved immigrant petitions may be authorized entry into the U.S. with a V visa to live, work, and adjust status. This visa category will expire on December 21, 2003.
Copyright © 1999-2005 Kaufman & Canoles. All rights reserved.
Disclaimer