E-1 Treaty Trader Visa

The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.

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E-2 Treaty Investor Visa

The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

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H-1B Visa

The H-1B categories apply to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. The FY2006 annual cap on H-1B admissions of 65,000 workers was reached on August 10, 2005. However, 20,000 H-1B numbers are reserved for persons with advanced degrees from U.S. institutions of higher learning. The 20,000 cap has yet to be reached. In addition, many H-1B numbers are exempt from the numerical caps.

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H-2B Visa

U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is no annual cap on visas for H-2A workers.

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J-1 And Q-1 Visas

The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs, and the "Q" visa is for international cultural exchange programs designated by the U.S. Citizenship and Immigration Services (USCIS).

The J-1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs. 

The Q-1 classification applies to participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.

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L-1 Executive/Manager Visa

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either 

• in a managerial or executive capacity (L-1A) or 

• which entail specialized knowledge (L-1B) 

for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas. 

Dependents

Dependents (i.e. spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. Dependents may be students in the U.S. while remaining in L-2 status, however, dependents may not be employed under the L-2 classification.

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O Visa Category

• Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1),

• the artist’s or athlete’s support staff (O-2),

• the O-1’s spouse and/or child(ren) (O-3). 

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas. 

O-1 Extraordinary Ability (Science, Education, Business, or Athletics)

The O-1 category applies to an alien coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

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.

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. This person would be 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.

O-3 Dependents

Spouses and minor children (dependents) 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.

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R-1 Religious Worker Visa

The R-1 classification applies to a religious worker. This is an alien coming to the U.S. temporarily to work: 

• As a minister of religion,

• As a professional in a religious vocation or occupation,

• For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function. 

The applicant (religious worker) must have been a member of a religious denomination having a nonprofit religious organization in the United States for at least the two years immediately prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary’s financial and physical needs. 

If the alien is outside the U.S., he or she may apply directly to a consulate for an R visa. If visa exempt, the alien may apply at a port of entry.

If the alien is inside the U.S., the religious organization may use the I-129 to petition for a change of status, extension of stay, or change of employment.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the R-2 classification. Note: Dependents should file for a change of status or extension of stay on Form I-539 (Application to Extend/change Nonimmigrant Status).

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TN Trade Nafta Visas

Employing Canadian/Mexican Professionals Under NAFTA 

The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new visa category, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.

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.

Dependents
 
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 be students in the U.S., but may not be employed under the TD status.

TN Canadian or Mexican Citizen under NAFTA 

The TN classification applies to a Canadian or Mexican citizen seeking classification as a professional temporarily under the North American Free Trade Agreement.

This classification does not require a petition for employment. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. Mexican citizens must apply for TN visas at an appropriate U.S. Consulate. Both must provide:

• 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;

• Evidence that the beneficiary meets the education and/or alternative credentials for the activity;

• Evidence that all licensure requirements, where applicable to the activity, have been satisfied;

• Evidence of Canadian/Mexican citizenship.

and Immigration Services to change your nonimmigrant status. For instance, if you arrived here as a tourist, but want to become a student, you must submit an application to change your status with the USCIS. If you do not apply to change your nonimmigrant status, you will be breaking U.S. immigration laws. Proof that you are willing to obey U.S. laws may be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. You may also become subject to removal (deportation) if you break U.S. immigration laws.

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Investment

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.” 
A "Regional Center:"

• Is an entity, organization or agency that has been approved as such by the Service;

• Focuses on a specific geographic area within the United States;

• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment. 

"Alien investors" must:

• Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center;

• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program. 

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