As the processing times vary for each U.S. Immigration matter, our firm will investigate the quickest and least demanding approach prior to starting the visa application. Our lawyers stay apprised of recent changes to immigration regulations and trends at U.S. consulates abroad as well as USCIS service centres. This helps ensures that every application is dealt with in a time-efficient and reasonable manner.
The most commonly utilized visa categories are outlined below:
Temporary Visas
TEMPORARY VISAS TO THE U.S.
B Visas (Visitors for Business or Pleasure)
B visas are for bona fide tourists or individuals seeking to enter the United States to attend business meetings or conferences, engage in buying or selling, oversees contracts on behalf of one’s foreign employer, or participate in other business ventures. As well, an individual may be issued a B Visa to attend a training course being offered by a foreign company operating in the United States. B Visas may also be obtained to enter the United States to work as a volunteer for an American organization. In most cases, a B Visa does note allow a foreign national to engage in any hands-on work, or to receive remuneration from the US.
This visa is for paid crew members of foreign airlines or ships who will be arriving in the United States and departing on the vessels or aircrafts of the same employer.
E Visas (Treaty Investors and Traders)
Nationals of certain countries that have entered into treaties containing treaty trader or investor provisions with the United States are eligible for this category of visa.
Investors:
To obtain an Investor Visa, an individual or corporation must place a substantial amount of funds (that are personally at risk) into a United States enterprise. This investment cannot be marginal, and the applicant must show that the return on the investment will do more than simply provide a living for her/him. There is no maximum or minimum amount of funds that needs to be invested; it wholly depends upon the type of business entered into. Also, a certain proportion of the total investment must come directly from the investor and not be secured against the assets of the enterprise in the United States.
Traders:
To obtain a Trader Visa, the applicant must demonstrate that there is substantial trade from the applicant’s home country with a U.S. enterprise. This usually means that more than 50% of the U.S. operation’s trade is with the applicant’s country of nationality.
Some countries that have entered into a treaty with the United States include: Argentina, Bangladesh (investor only), Canada, Pakistan, and the United Kingdom. Please note that this is not an exhaustive list.
F Visas (Academic and Language Students)
This visa enables foreign nationals to study in the United States in full-time academic or language programs that will lead to a degree or certificate. An I-20 form issued by an authorized educational institution in the US is required to obtain this type of visa.
H-1B Visas (Specialty Occupations)
Before filing a petition for an H-1B Visa, the United States employer must obtain approval of a Labour Condition Application from the Department of Labour in the occupational specialty in which the alien worker will be employed. This process is defined to ensure U.S. wages are not undercut by foreign workers and that foreign workers are not taken advantage of by U.S. employees.
J Visas (Exchange Visitors/Student Program)
J visas enable foreign nationals to enter the United States to participate in study and/or research programs or to work in businesses or participate in training programs offered by companies in the United States. To be eligible to participate in an exchange program, under a J visa the individual must be a bona fide student, scholar, medical graduate, trainee, teacher, professor, research assistant, or leader in a field of specialized knowledge or skill seeking entry to the United States on a temporary basis to teach, instruct, lecture, study, observe, conduct research, or consult. Alternatively, the individual may be the employee of a multinational company coming to the United States to gain experience at the company’s United States office.
K Visas (Fiancés/Fiancées of United States Citizens)
This visa is for the foreign, future spouse of the United States citizen. It is available to applicants who are seeking entry to the United States to marry one’s fiancé or fiancée, where the wedding will take place within 90 days of arrival in the U.S.
L Visas (Intra-Company Transferees)
An applicant may obtain a temporary work visa to the United States pursuant to this category if, within the three years preceding his/her application, he / she has been employed for one continuous year as an executive, manager, or specialized employee for a foreign corporation that has a branch, subsidiary, affiliate, or joint venture in the United States counterpart for which the applicant will be working. In either case, both the foreign and United States companies must be actively doing business providing goods or services, though there are provisions governing intra-company transferees who are entering the US to open a new office on behalf of the foreign company.
O Visas (Extraordinary Ability)
A qualified individual may be authorized to enter the United States to perform services relating to an event or events if petitioned for by an employer or qualifying third party. Under this category, he / she may be classified as a person who has extraordinary ability in the sciences, arts, education, business or athletics, or who has demonstrated a record of extraordinary achievement in the motion picture or television industry. Recognition on a national or international basis in one’s field is required to establish “extraordinary ability”.
P Visas (Athletes or Entertainment Groups)
An individual may be authorized to enter the United States temporarily to perform services for an employer or sponsor if the applicant is seeking entry as an internationally recognized athlete, member of an internationally recognized entertainment group or to perform an integral and essential part in the work of athletes or entertainment groups.
Q Visa (Cultural Exchange Workers)
This visa is for people seeking entry to the United States to participate in international cultural exchange programs. In each case it must be demonstrated that the program in which the applicant will be participating will advance the knowledge of the history, culture, and traditions of the applicant’s country.
This visa allows ministers and religious workers employed by religious, non-profit organizations to work for affiliated organizations in the United States. An applicant must be a minister of religion, a professional religious worker or one involved in a religious vocation or occupation, or a general employee working for a religious, non-profit organization in order to qualify for this visa.
TN Visas (NAFTA Professionals)
Under the North American Free Trade Agreement citizens of Canada and Mexico who are qualified to work in certain professions may enter the United States to work for a U.S. company, or to perform work on behalf of their Canadian or Mexican employer. In order to qualify for TN “Professional Status”, the intended activity to be performed in the United States, must be in a profession listed in Appendix 1603.D.1 of NAFTA, and the applicant must possess the required credentials to be considered a “professional”. Some of the qualifying professional occupations include: Computer Systems Analysts, Engineers, Scientific Technicians, Medical Laboratory Technicians, Lawyers, Hotel Managers, Management Consultants, Accountants, Journalists and Architects. While many of the listed professions require a minimum of a Baccalaureate degree, some professions only require a post-secondary diploma plus secondary diploma plus several years of work experience to qualify for the TN Visa.
