Unless eligible for the Visa Waiver program, foreign nationals who wish to come to the United States must have a visa. There are many different categories of visas. Below are brief descriptions of some of the most popular nonimmigrant visa options. This is not an exclusive list - there are other visas available. Which one will suit you the best is highly fact dependent. Consult with our office to determine which visa will best fit your needs and your qualifications.

E-1 Treaty Trader / E-2 Treaty Investor Visas

Nationals of certain countries are eligible to obtain these visa. To qualify for the E-1 Treaty Trader visa. at least 51% of the trade conducted by the company must be between the treaty country and the United States. To qualify for the E-2 Treaty investor visa, you must make a substantial investment in a U.S. business which is controlled (50% minimum) by nationals of the treaty country. What is deemed "substantial" is highly fact dependent. The E visa can be extended indefinitely so long as the investor can demonstrate the need to direct and control the U.S. enterprise.

List of E-1/E-2 Treaty Countries

Dept of State E-1/E-2 Tips

F-1 Foreign Student Visa

For those who wish to study in the US. Students are eligible for up to one year of employment authorization to get practical training. Often. F-1 students apply for an H-1B visa upon completion of their studies. Note that F-1 visa holders are not permitted to attend public schools. Spouses and children of F-1 visa holders are not eligible for employment authorization.

H-1B Specialty Occupation Visa for Professionals

Do you have a bachelor's degree or its equivalent?

Do you have a job offer which requires the degree as a minimum requirement?

You may qualify for an H-1B. The U.S. Employer must file the petition. An H-1B visa will enable you to work for the petitioning employer for a total of six years continuously. Spouses and minor children of an H-1 B are eligible for H-4 dependent status but are not eligible for employment authorization.

L-1 Intracompany Transferee Visa

Are you a manager, executive and/or person with specialized knowledge?

Do you own or are you employed by a business abroad?

If the foreign company has or opens a U.S. branch office or affiliate, you may qualify for an L-1 intracompany transferee visa. Spouses and children of L-1 holders are eligible for L-2 status and employment authorization.

L-1 Visa Reform Act 2004

O Visas - Persons of Extraordinary Ability in Arts, Business, Education, Science or Athletics

O visas are often utilized by individuals in the entertainment industry and athletes. The O visa can be extended indefinitely. However. the eligibility requirements may be high.

Petition Document Requirements

A U.S. employer should file the petition with:

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien's area of ability;

• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
• Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
  • Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
  • Original scientific, scholarly, or business-related contributions of major significance in the field;
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

O-1 Extraordinary Ability (Arts, Motion Picture, or Television)

The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Petition Document Requirements

A U.S. employer should file the petition with:

• A written advisory opinion, describing the alien's ability as follows:
  • If the petition is based on the alien's extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alien's field of endeavor; or a person or persons designated by the group with expertise in the alien's area of ability.
  • If the petition is based on the alien's extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the alien's field of endeavor.
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
• Evidence the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:
  • Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

O-2 Support Personnel

The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance, acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

Petition Document Requirements

The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 alien petition and must be filed with:

• A written advisory opinion.
  • If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.
  • If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.
• Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S., and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.

O-3 Dependents

Spouses and minor children of O-1's are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.

P Visas - Group Entertainers & Athletes

This visa is for entertainers who perform as a group and athletes. It differs from the O Visa in that the P visa limits the admission of the entertainer/athlete to the period of the event in which they are coming to perform or compete.

R-1 Religious Worker Visa

Are you a minister or deacon? Or perhaps a person who is working in a professional capacity in a religious vocations? The religious organization must file the petition and must be a tax exempt religious organization. Spouses and children are eligible for R-2 status.

TN / NAFTA Visas

Are you a citizen of Canada or Mexico? Under NAFTA you may be eligible for a one year professional work visa.

Certain Canadian and Mexican professionals are eligible to obtain one-year work permits, which can be renewed annually.

TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. There is no annual limit on TN-1 admissions from Canada. There is a yearly cap for Mexican TN professionals of 5,500 admissions.

Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may attend school in the U.S., but may not be employed under the TD status.

Professions under NAFTA Appendix 1603.0.1

Accountant, Architect, Computer Systems Analyst, Disaster Relief Insurance Claims Adjuster, Economist, Engineer, Forester, Graphic Designer, Hotel Manager, Industrial Designer, Interior Designer, Land Surveyor, Landscape Architect, Lawyer (including Notary in the province of Quebec), Librarian, Management Consultant, Mathematician (including statistician), Range Manager/Range Conservationist, Research Assistant (working in a post-secondary educational institution), Scientific Technician/ Technologist, Social Worker, Sylviculturist (including forestry), Technical Publications Writer, Urban Planner (including Geographer), Vocational Counselor.

Medical/Allied Professionals

Dentist, Dietitian, Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States), Nutritionist, Occupational Therapist, Pharmacist, Physician (teaching or research only), Physiotherapist/Physical Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian.

Scientists

Agricultural (Agronomist), Animal Breeder, Animal Scientist, Apiculturist, Astronomer, Biochemist, Chemist, Dairy Scientist, Entomologist, Epidemiologist, Geneticist, Geochemist, Geophysicist (including Oceanographer in Mexico and the United States), Horticulturist, Meteorologist, Pharmacologist, Physicist (including Oceanographer in Canada), Plant Breeder, Poultry Scientist, Soil Scientist, Zoologist.

Teachers

College, Seminary, University.

Canadian Citizen Requirements:

If you are a Canadian citizen, a petition for employment is not required if the alien is outside of the U.S. Canadian citizens may apply directly at Class A U.S. ports of entry. They must provide:

1. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied; and
4. Evidence of Canadian citizenship.

Mexican Citizen Requirements:

If you are a Mexican citizen, the employer in the United States must file the I-129 petition and must file it with:

1. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
4. Evidence of Mexican citizenship; and
5. A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.