Most Common Nonimmigrant Visas

B-1 Visa: Business Travelers and Domestic Employees

Purpose:

Citizens of foreign countries who wish to visit the U.S. for a short period for business (i.e. meeting with business partners, attending any kind of convention or conference, other business proceedings)

Visa Validity: varies by country with a maximum up to 120 months, but subject to consular approval.

Duration of Stay: from 1 to 183 days subject to determination by a Customs and Border Protection Officer at the Port of Entry. May be eligible for one extension of up to 183 days.

Business Travel Qualification Required:

  • The purpose of your trip is to enter the United States for business of a legitimate nature
  • You plan to remain for a specific limited period of time
  • You have sufficient funds to cover the expenses of the trip and your stay in the United States
  • You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties to which you will return at the end of the visit

Personal Employee or Domestic Helper Qualification Required:

  • Your employer must be:
    • A U.S. citizen who has a permanent home or is stationed in a foreign country, but is visiting or is assigned to the United States temporarily; or
    • A foreign citizen who is in the United States on one of the following nonimmigrant visa categories: B, E, F, H, I, J, L, M, O, P, or Q
B-2 Visa: General Tourism (incl. medical)

Purpose:

Citizens of foreign countries who wish to visit the U.S. for a short period for tourism (i.e. sightseeing, visiting family or friends, medical services, unpaid participation in any event or competition [prize money is acceptable], or a non-degree short-term program)

Visa Validity: Varies by country with a maximum up to 120 months, but subject to consular approval.

Duration of Stay: From 1 to 183 days subject to determination by a Customs and Border Protection Officer at the Port of Entry.  May be eligible for one extension of up to 183 days.

Qualification Required:

  • The purpose of your trip
  • Your intent to depart the United States after your trip
  • Your ability to pay all costs of the trip

Medical Tourism Qualification Required:

  • Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States
  • Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses)
  • Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment)
E-1 Visa: Treaty Trader Visas

Purpose:

Citizens of foreign countries with which the U.S. has signed a treaty of commerce and navigation who wish to visit the U.S. for a “substantial trade” and “qualifying activities” between the U.S. and the treaty country. The visa holder’s spouse and unmarried children under 21 can apply for derivatives visas through this pathway. A spouse is automatically eligible for employment upon entry.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Although a visa may be issued for maximum validity, as noted above, each visa holder may be granted entry for up to two years, subject to discretion by a Customs and Border Protection Officer at the Port of Entry.

Qualification Required:

  • Qualifying treaty between U.S. and the national’s foreign country
  • Proof of nationality of the Treaty Trader
  • Proof that trip is solely for substantial trade between the national’s country and the United States
  • Applicant’s status or destined status as an executive or a supervisor in the company or applicant’s unique skill set that applies to the firm’s operation in the United States
  • Trade is defined as the international exchange of goods, services, and/or technology
  • The applicant must be employed in a supervisory or executive capacity or possess highly specialized skills
  • Intent to leave United States upon conclusion of employment
E-2 Visa: Treaty Investor Visas

Purpose:

Citizens of foreign countries with which the U.S. has signed a treaty of commerce and navigation who wish to visit the U.S. to develop a business that the applicant has invested in or is in the process of investing in. The visa holder’s spouse and children under 21 can apply for derivatives visas through this pathway. A spouses is automatically eligible for employment upon entry.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Although a visa may be issued for maximum validity, as noted above, each visa holder may be granted entry for up to two years, subject to discretion by a Customs and Border Protection Officer at the Port of Entry.

Qualification Required:

  • Qualifying treaty between U.S. and the national’s foreign country
  • Proof of nationality of the Treaty Investor
  • Proof of investment or of process of investing
  • Proof of enterprise’s existence and active operation
  • Proof of substantial investment
  • Proof that the enterprise is substantial and not “marginal”; earning more than just enough to support the applicant and family
  • Proof of applicant’s expertise in developing the enterprise
  • Applicant’s status or destined status as an executive or a supervisor in the company or applicant’s unique skill set that applies to the firm’s operation in the United States
  • Intent to leave United States upon the conclusion of employment

 

F-1 Visa: Student Visa

Purpose:

Citizens of foreign countries who wish to study in the United States for university, high school, private grade school, seminary, conservatory, or other academic programs. Foreign medical graduates seeking education or training and foreign scholars who will serve as temporary faculty fall under this category. Spouse and unmarried minor children may apply for as dependents for F-2 visas.

Visa Validity: Varies by country with a maximum up to 120 months, but subject to consular approval.

Duration of Stay: Program duration (with a 30 day grace period for arrival and 60 day grace period for departure)

Qualification Required:

  • Acceptance at a Student and Exchange Visitor Program-certified school; has been issued a Form I-20
  • Proof of academic preparation (transcripts of attended schools and standardized test scores)
  • Intent to depart United States upon finishing course of study
  • Proof of sufficient economic funds to pay for educational, living, and travel costs
M-1 Visa: Vocational/Non-Academic Student Visa

Purpose:

Citizens of foreign countries who wish to study in the United States for a non-academic purpose at a vocational or other institution. A spouse and unmarried minor children may apply for M-2 dependent visas.

Visa Validity: Varies by country with a maximum up to 120 months, but subject to consular approval.

Duration of Stay: Program duration (with a 30 day grace period for arrival and departure)

An M-1 student may be granted an extension for a cumulative period of up to 3 years from the original start date, up to 3 years.

Qualification Required:

  • Acceptance at a Student and Exchange Visitor Program-certified institute
  • Proof of academic preparation (transcripts of attended schools and standardized test scores)
  • Intent to depart United States upon finishing course of study
  • Proof of sufficient economic funds to pay for educational, living, and travel costs
H-1B Visa: Specialty Occupations

Purpose:

  • Citizens of foreign countries who have a bachelor’s degree or equivalent and possess highly specialized knowledge in a specific industry
  • Citizens of foreign countries who have a bachelor’s degree or equivalent and will work for the Department of Defense on government-to-government research or co-production projects
  • Citizens of foreign countries who are physicians who have full license to practice medicine in a foreign state and/or the United States or seek to teach or conduct research
  • Citizens of foreign countries who are a “fashion model of prominence” with distinguished skill
  • In some cases, licenses, registration, or certifications may be required to fully practice the specialty occupation. The visa holder’s spouse and unmarried minor children may apply for H-4 visas. H-4 spouses may work in the United States, effective March 2023.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Initial period of stay of up to three years, with extensions possible with a maximum of six years.

Qualification Required:

  • Proof of completion of bachelor’s degree or higher in a specific specialty
  • Proof of licensure, as applicable
  • Proof that employer will pay worker a wage no less than the wage paid to similarly qualified workers
H-2A Visa: Temporary/Seasonal Agriculture Worker
H-2B Visa: Temporary/Seasonal Worker

Purpose:

  • Citizens of specific foreign countries annually designated* by the U.S.C.I.S. including Japan, Singapore, South Korea, and Taiwan, the Philippines, who will fill agricultural jobs of a temporary or seasonal nature (H-2A) (for fiscal year 2023)
  • Citizens of specific foreign countries annually designated* by the U.S.C.I.S including Japan, Singapore, South Korea, and Taiwan, who will fill non-agricultural jobs of a temporary or seasonal nature (H-2B) (for fiscal year 2023)

The visa holder’s spouse and unmarried minor children may apply for H-4 visas. H-4 spouses may work in the United States, effective March 2023.

Visa Validity: Varies by country, but subject to an annual determination made by the United States Citizenship and Immigration Services.

Duration of Stay: Initial period of stay corresponding to the period of employment (may not exceed 364 days), with one-year extensions possible up to a maximum total stay of three years

(must leave U.S. for 3 months before seeking readmission after 3 years, unless time is interrupted by time abroad).

Qualification Required:

  • Proof that the job is temporary or seasonal
  • Proof of a lack of U.S. workers for the available temporary work
  • Proof that H-2A workers will not negatively impact wages and working conditions of U.S. workers
  • Temporary labor certification from U.S. Department of Labor
H-3 Visa: Trainee or Non-Employment Training

Purpose:

Citizens of foreign countries who wish to receive non-medical/non-academic training that is not available in the citizen’s home country or those who wish to receive special education training. The training is designated for jobs outside of the United States.

The visa holder’s spouse and unmarried minor children may apply for H-4 visas. H-4 spouses may work in the United States, effective March 2023.

Visa Eligibility: Varies by country, but subject to consular approval.

Duration of Stay: Maximum of up to two years or 18 months for special education training visa holders, subject to determination by a Customs and Border Protection Officer at the Port of Entry. Illegible for extensions.

Qualification Required:

  • The proposed training is not available in the noncitizen’s native country
  • The noncitizen will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed
  • The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training
  • The training will benefit the beneficiary in pursuing a career outside the United States.
L-1A Visa: Executives and Managers
L-1B Visa: Specialized Workers

Purpose:

Citizens of foreign countries who will work at a branch, parent, affiliate or subsidiary of their current employer as an executive or manager (L-1A) OR a position requiring specialized knowledge (L-1B).  Applicants  must prove employment by a related  employer outside of the U.S. for at least one  year within the three past years.

A spouse and unmarried minor children may apply for L-2 visas as dependents. The spouse is automatically eligible for employment upon entry and children may attend public school.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Up to one year for establishing a new office; up to three years for all other employees. Requests for extensions can be granted in one to three year increments up to seven years for L-1A visa holders and five years for L-1B visa holders.

Qualification Required:

Employer:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations)
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the applicant’s stay in the United States as an L-1

Employee:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States
  • Be seeking to enter the United States to provide services as an Executive, Manager or in a specialized knowledge capacity to its qualifying organization
O Visas: Talent Immigration

Purpose:

  • O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics
  • O-1B: Individuals with an extraordinary ability in motion picture or television industry
  • O-2: Individuals who will accompany an O-1 holder to assist in a specific event or performance
  • O-3: Spouse or children of O-1 and O-2 visa holders

Spouse and unmarried minor children may apply for O-3 visas as dependents with study authorization. They may not work.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Permission to work for the validity period of the petition (with a 10 day grace period for arrival and departure). Extensions may be allowed for the same event or activity and are reviewed on a case-by-case basis.

Qualification Required:

  • Written advisory opinion from a peer group or labor organization to prove the individual’s talent and expertise
  • Evidence and documentation proving extraordinary ability
  • Demonstrate extraordinary ability through national/international acclaim
P-1, P-2, P-3 Visa: Athlete or Entertainer (Individual or Group)

Purpose:

Citizens of foreign countries who are individual/team athletes who are recognized internationally or coaches who are part of a team or franchise in the United States and a member of a foreign league or association (P-1). Artists or entertainers who come as part of a reciprocal exchange between the U.S. and their home country (P-2) and artist or entertainers performing ethnic, folk, or other performances (P-3) are also eligible.

The visa holder’s spouse and unmarried minor children may apply for P-4 visas. Family members may not work in the U.S. under a P-4 visa, but may study in the U.S.

Visa Validity: Varies by country, but subject to consular approval.

Duration of Stay: Time needed for the event, activity, or performance (up to a year), subject to determination by a Customs and Border Protection Officer at the Port of Entry. Extensions in increments of up to one year may be provided, with discretion of the United States Immigration and Citizenship Services officer.

Qualification Required:

  • Written consultation from an appropriate labor organization
  • A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
  • An explanation of the event and itinerary
  • Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching, or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
  • Proof of international recognition for individual and teams
  • (P-2) Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.
  • (P-3) Documentation that all of the performances or presentations will be culturally unique events