Stephen Yurik Law

Phone: 614.228.6885 Two Miranova Place, Suite 500, Columbus, OH 43215

Immigration and Visa Law

Non-Immigrant Visas

The specific type of Non-Immigrant Visa you need depends on whether you will be visiting, studying, undergoing professional training, or working in the United States as well as on the type of training or work you will be doing. The following list includes some of the more commonly used temporary visas:

H-1B Specialty Occupation

This non-immigrant visa classification applies to an alien who will be employed temporarily in a specialty occupation. The threshold requirements are that 1) the job requires a minimum of a Bachelor’s degree or the equivalent in a specialized field, and 2) the candidate has a Bachelor’s degree or the equivalent in training and experience. This visa is initially granted for 3 years but can be extended for an additional 3 years and sometimes longer.

Under current law, there is an annual limit of 65,000 aliens who may be issued a visa or otherwise provided H-1B status. As many as 20,000 additional H-1B slots are available to graduates of U.S. Master’s degree (or higher) programs. Organizations such as government research organizations, non profit research organizations, institutes of higher education and others are cap exempt.

L-1 Intra-company Transfers

The L-1 visa permits multinational companies to transfer high-level and essential employees from their international offices to the United States. The non-immigrant would work at the affiliate or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.

TN Professionals

These visas are limited to qualified nationals of Canada and Mexico through the North America Free Trade Agreement (NAFTA). TN status is granted in one-year increments. Currently, there is no limit to the total length of stay in the U.S. However, an individual must maintain an intent to return to his or her home country. If you are employed in one of the sixty-three listed professions in NAFTA, you can apply for non-immigrant TN status. Most of the listed professions require either a bachelor's degree or a license.

B-1 Visitor

The B-1 visa category allows foreign business persons to enter the U.S. temporarily to “conduct business.” Legitimate business visitor activities under this visa include taking orders for goods manufactured abroad, negotiating contracts, holding meetings with business associates, and participating in conventions, conferences or seminars. B-1 business visitors are usually granted a period of entry for 30 days, unless they can demonstrate at the port of entry that a longer period of admission is needed.

E-1 Treaty Traders

The E-1 visa allows an individual to enter the United States on a non-immigrant basis for the sole purpose of carrying on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty with the United States.

E-2 Treaty Investor

If you come to the U.S. to run an enterprise in which you are invested, you may obtain the non immigrant visa status of E-2 treaty investor. If you are an employee of the treaty trader investor you may also be qualified as an E visa holder if your duties require special qualifications essential to the business. The non-immigrant must have the same nationality as the alien employer and the home country of the non-immigrant must have a treaty with the United States.

O-1 Individuals of Extraordinary Ability or Achievement

Highly talented or acclaimed individuals may be eligible for an O visa for entry into the U.S. People who may qualify for this visa are physicians, scientists and accomplished business people as well as athletes considered at the top of their field.

R-1 Religious Workers

The R-1 visa permits religious workers to come to the U.S. to take on a religious occupation and perform services for their religious organization. The religious organization must already be established in the United States.

J-1 Exchange Visitors

J-1 visas are given to an individual pursuing a specific, non-permanent educational or cultural objective, including but not limited to medical residency / fellowship training, teaching and conducting research. J-1 visas may also cover a person coming to the U.S. as a student, nonacademic specialist, physician, international visitor, camp counselor, au pair or summer student in a travel/work program. Many holders of this visa are subject to a two-year home residency requirement, which must either be satisfied or waived before the individual can change status to H, L, or K or seek permanent residency.

F-1 Student

F-1 visas are utilized for academic study in the U.S. This is the most common of the education study visas and is designed for persons coming to study at an approved program. A foreign national may work in the U.S. while in F-1 status primarily in two ways: through Curricular Practical Training or through Optional Practical Training.

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You can learn more about obtaining a non-immigrant visa to the U.S. by contacting us today to schedule a free consultation.