Frekhtman & Associates, Attorneys at Law

(866) STAY - USA




All Non-Immigrant (Temporary) Visa Categories

A-1/A-2/A-3
Ambassador, Public Minister, Career Diplomatic or Consular Officer, Government Officials, their attendants and personal employees, and members of their immediate family

B-1
Short-term visitors for business. The purpose of the visit must be directly related to the applicant's occupation overseas. The visa-holder's salary must be paid by the overseas employer; visa-holders may not engage in productive activity for any U.S.-based entity and employment in the U.S. is not permitted.

B-2
Short-term visitors for pleasure.

C-1/C-2/C-3
Individuals in transit through the United States to other foreign territories.

D
Crewmembers of airlines and other vessels.

E-1
Treaty Trader: Individuals engaged in substantial trade between the US and their home country; qualified employees, spouses and minor children. A treaty must exist between their home country and the United States and the individual must be a citizen of that country.

E-2
Treaty Investor: Individuals who have made a substantial investment in an active commercial or entrepreneurial enterprise; qualified employees, and spouses and minor children. A treaty must exist between their home country and the United States and the individual must be a citizen of that country.

E-3
Australian citizens in certain professional occupations. This visa is not subject to any H-1B restrictions or caps, and there are 10,500 numbers available on an annual basis. The category is similar to the existing Free Trade visas already in effect for Canada, Mexico, Chile and Singapore. Spouses of E-3 visa holders will be permitted to apply for employment authorization for the duration of the principle’s E-3 stay in the U.S.
F-1
Full-time Academic Students attending approved schools. May be employed in the United States in the following circumstances: Optional Practical Training--full-time employment permitted, must be recommended by school and approved by Immigration authorities. Curriculum Practical Training--must be authorized by school and deemed "integral to curriculum." Severe Economic Hardship--Students who have fallen into economic distress. Must be authorized by Immigration authorities.

G-1/G-2/G-3
Representatives of foreign governments to the UN and other international organizations, staff and members of immediate family.

G-4
Officers and Employees of International organizations and members of their immediate family.

G-5
Attendant and household workers of G-1, G-2, G-3 and G-4 visaholders and members of their immediate family.

H-1B
Professional workers within designated Specialty Occupations. Occupations must require theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including but not limited to: architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. The position must require a degree in a specific field. Sometimes a combination of education and experience may be considered equivalent to a degree. For example, three years of progressive professional experience may be evaluated to be the equivalent of completion of one year of university studies. There is no requirement to prove a lack of U.S. workers for the position. H-1B's are available for a period totaling 6 years and in certain circumstances can be extended indefinitely. Fashion Models are also considered H-1B professional workers and are subject to their own set of requirements. A degree is not required.

H-1B1
Free trade visa for citizens of Chile and Singapore.

H-2A
Temporary Agricultural Workers performing work of a temporary or seasonal nature.

H-2B
Skilled or unskilled workers performing temporary services or labor. This category requires a showing of unavailability of U.S. workers. A labor certification application is required to be filed with and approved by the Department of Labor. The job must cease to exist after the H-2B period of employment has ended.

H-1C
Registered Nurses in Disadvantaged Areas of the U.S. Available in very limited numbers and under specific guidelines.

H-3
Trainees. May be paid, but no productive employment is permitted. A detailed outline of the training program must be submitted. Maximum period of stay is 2 years. Training must be unavailable in home country.

H-4
Spouse and minor children of H-1, H-2 and H-3 visa holders. Employment not permitted.

I
Representatives of Foreign Media outlets such as newspapers, radio and television working in the US, spouses and children.

J-1
Individuals coming to the United States to participate in approved cultural and education exchange programs including: college and university students; secondary school students; short-term scholars; trainees; teachers; professors and research scholars; specialists; physicians; international and government visitors; camp counselors; summer work/travel students; au pairs and special education exchange visitors. This category may trigger the 2-year foreign residency requirement, which forces the J-1 visa holder to return to his or her country of nationality or last residence for at least 2 years.

J-2
Spouses and children of J-1 exchange visitor. Employment available for spouses in limited circumstances.

K-1/K-2/K-3/K-4
Fiance(e) of U.S. citizens immigrating to the United States, minor children of K-1 fiancée, spouses of U.S. citizens who have I-130 (Immigrant Visa) petitions pending, and unmarried children under 21 years of age of a K-3 visa applicant or holder.

L-1A
Intracompany transferees working in executive and managerial positions. Must have been working abroad for a period of 12 months within the proceeding 3 years in a managerial, executive or specialized knowledge capacity.

L-1B
Intracompany transferees working in positions requiring specialized knowledge of the company's products and applications in world markets and/or an advanced or proprietary knowledge of the company's processes or procedures. Must have been working abroad for a period of 12 months within the proceeding 3 years in a managerial, executive or specialized knowledge capacity.

L-1 Blanket
Must have been working abroad for a period of 12 months within the proceeding 3 years in a managerial, executive or professional specialized knowledge capacity. In order to qualify for a blanket petition a company must have either a U.S. workforce of at least 1,000; a U.S. annual income of at least $25 million; or have had 10 L-1 petitions approved within the preceeding 12 months.

L-2
Spouse and children of L-1A & L-1B intracompany transferees. Spouses may apply for employment authorization.

M-1/M-2
Students in approved Vocational and Language Study Programs, spouses and children.

N-8
Parent of an alien child designated as a special immigrant.

N-9
Child of a parent designated as a special immigrant

NATO-1/2 NATO-3/4 NATO-5/6 NATO-7
Principal Permanent Representative of Member State to NATO, Representatives, Clerical Staff, Officials, Experts, Civilians and members of immediate family

O-1
Individuals of Extraordinary Ability in the fields of the arts, sciences, business, music, and athletics, including but not limited to photographers, models, stylists, musicians, scientists, engineers, fine artists and writers. O-1 visa holders may work in the United States on a freelance basis under the representation of an agent or management company, or they may work directly for a particular company. Individuals must exhibit a demonstrated record of success and recognition in their field of endeavor, in the form of published material, publicity, awards, letters of recommendation confirming their acclaim, and/or any other kind of documentation relevant to their particular profession. There is no educational requirement for the O-1 visa since the individual is judged strictly on their talent and accomplishments in the field. O-1 visas are available for an initial period of a maximum of three years and can be extended indefinitely for a year at a time.

O-2
Individuals accompanying O-1 visa holders in supportive positions.

O-3
Spouses and Children of O-1 visa holders.

P-1
Individual or Team Athletes or members of internationally recognized entertainment groups.

P-2
Artists or Entertainers in reciprocal exchange programs

P-3
Artists or Entertainers in culturally unique programs.

P-4
Spouses or children of P-1, P-2, and P-3 visa holders.

Q-1
International Cultural Exchange Program Participants. Limited to a 15-month stay.

Q-2/Q-3
Participants in the Irish Peace Process Cultural and Training Programs, their spouses and children.

R-1/R-2
Religious Workers including Ministers, Professionals, and workers in Religious Occupations and Vocations, spouses and children.

S-5
Individuals supplying critical information concerning a criminal organization or enterprise. S-6 Individuals supplying critical information relating to terrorism.

T-1/T-2/T-3/T-4
Victims of a severe form of human trafficking, their spouses, children or parents (if victim is under 21 years of age.)

TN
North American Free Trade Act (NAFTA) professionals (Canadian and Mexican Citizens) as listed under 8 CFR 214.6(d) Appendix 1603.D.1 Limited to a period of stay of one year increments. Must have intention to return to home country. Canadians may apply at ports of entry. Mexicans are required to file TN petitions at the Nebraska Service Center.

TD
Spouses and children of NAFTA professionals

TWOV
Passengers and Crewmembers in immediate and continuous transit through the United States without visas.

U-1/U-2/U-3/U-4
Victims of Certain Criminal Activity, their spouses, children, and parents (if victim is under 21 years of age.)

V-1/V-2/V-3
Spouses and Children of Lawful Permanent Residents (LPRs) who are the principal beneficiaries of a family-based visa petition (Form I-130) filed prior to 12/21/2001 and which has been pending for at least three years. V-3 visas are for the children of V-1 and V-2 visa holders and visa applicants.