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B1/B2 Visa: Temporary stay for business or tourism 
Allows application for entry for tourist or business activities.
Main conditions:
- Residence abroad
- Strong ties with country of origin to guarantee return at the end of stay
- Sufficient financial resources to stay in the United States without working
- If coming for work, evidence that any compensation is paid by foreign
employer and work cannot be done by U.S. worker
Stay can be authorized for up to one year and can be extended up to six
months at a time.
Visa
Waiver
In November 1996, the Visa Waiver Pilot Program (VWPP) was created to allow
citizens of certain countries, including France,
to apply for entry into the United
States without a visa provided they meet
certain conditions.
Main conditions:
- Machine readable Passport with a least six months validity. For passports issued or renewed after
October 26, 2006, it must contain a chip with a digital photo and biographic
information. For passports issued or
renewed between October 26, 2005 and October 25, 2006, it must contain a
digital photo printed on the biographic page or an inserted chip.
- Return ticket.
- No violation of prior status (authorized stays).
- If coming for business, evidence that any compensation is paid by a foreign
employer and work cannot be done by U.S. worker.
- Not subject to any ground of inadmissibility or has obtained a waiver.
Authorized stay will be for 90 days.
No possibility to extend status or change status in the United States except if sponsored for the
green card by a U.S.
spouse.
E-1 and E-2 Visa: Traders and investors
E1/E2 visa authorizes a stay in the U.S. to manage an investment. Visa issued for maximum of five years
renewable indefinitely as long as the investment is still producing work for
at least a few people other than the investor. Spouse will get same visa with work permit
to work for any employer.
Main conditions:
- There must be a treaty between the Unite States
and the country of nationality of the applicant authorizing E1 and/or E2
visas.
- Purpose of visit is solely to carry on international trade (E1) or to
manage applicant's investment (E-2).
- For E1, trade must be "substantial" and principally between U.S. and country
of applicant's nationality.
- For E2, “substantial” investment in a U.S. business by applicant or other
shareholders from same nationality and who are not at the same time permanent
resident or U.S.
citizen. Applicant, alone or with compatriots,
must control the U.S.
business (usually they must possess a majority of the stock). The term “substantial investment”
is left to the appreciation of the immigration officer and is usually dependent
on the total amount of capital necessary for the type of business
contemplated. For example, for service
activities that do not require a lot of capital, we have been able to obtain
E-2 visas for as little as $25,000 to $30,000 investments.
Once the applicant qualifies for E status, he/she (or the E business) can
sponsor citizens of his/her country of nationality for managerial or
"essential" positions.
F Visa: Students
F visa authorizes a stay in the U.S. for the duration of a qualified
education program.
Main conditions:
- Certification from a U.S.
school (I-20 form) verifying that the school is accredited by the U.S.
government, the duration of the program, and the cost of program.
- Maintain foreign residence.
- Financial resources sufficient to pay for the program and the stay in the U.S.
- Proficient in English unless coming to learn English.
- Program must be generally full time.
- If a public school, cannot be for more than twelve months and must pay the
unsubsidized per capita cost.
H-1B Visa: "Professional" occupations
H-1B visa authorizes a stay of up to six years to work in a
"specialty" occupation for a U.S. employer.
Main conditions:
- Occupation for U.S.
employer must be considered a "specialty" occupation meaning that
it must be an occupation for which a four-year university training is necessary.
- Applicant must have the four-year university training or the equivalent
required for the occupation.
- Offered wage must be at least equivalent to the prevailing wage for the
occupation in the area of employment.
- Employer must certify that the hiring of the foreign worker will not
adversely impact the working conditions of U.S. workers, the hiring is not
the result of a strike, and other employees have been informed of the hiring
of the foreign worker.
- An H-1B visa must be available; H-1B visas are subject to an annual quota. The quota is currently set at 58,200 plus
20,000 for applicants who have a master degree from a U.S. university. The quota runs along the fiscal year of the
federal government from October 1st to September 31st. The applications can be filed starting on
the preceding April 1st. By
April 2, 2007, the administration had received over 200,000 applications and
had no other choice than to close the quota for all applications received on
or after April 3rd and it run a lottery among those applications received
the previous two days. It is expected
that the quota will again be reached on April 1, 2008. The master degree quota was reached on
April 30, 2007.
H-2 Visa: Temporary and seasonal employees
H-2 visa allows a stay in the U.S. to fill temporary or seasonal positions,
no more than three years, for agricultural labor (H-2A) or other temporary
services (H-2B).
Main conditions:
- Employer must demonstrate that no U.S. workers are available
- No adverse impact on wages and working conditions of U.S. workers
- Employer's need for applicant must be temporary or seasonal
- Visa must be available: H-2 visas are subject to an annual quota of 66,000
- Must keep foreign residence.
I Visa: Media Representatives
Allows stay to represent foreign media for duration good as long as in the U.S.
to work for the foreign medium.
Main conditions:
- Must be bona fide representative of foreign news agency
- Not necessary to keep foreign residence
- Home office of news agency must be abroad
- There must be a reciprocal agreement between U.S. and country of origin
J Visa: Exchange Visitors
J Visa allows stay to teach, research, receive training, be an au pair or
perform student summer work; authorized stay varies from several months to
three years depending on nature of activity.
Main Conditions:
- Must be sponsored by an exchange program that has been accredited by the
U.S. Department of State
- Must carry health, accident and repatriation insurance
- Must keep foreign residence
- May be required to go back to country of origin for two years at the end of
the program if (1) the program received funding from the foreign or U.S.
government, (2) the applicant's activity before entering the United States was
considered by the U.S. government to be essential to the development of his
country of origin or last residence before entering the United States , or
(3) came to the United States to receive graduate medical education.
L1: Employees of International businesses
L-1 visa allows transfer from a foreign corporation to a U.S. affiliate to
work in a managerial or executive position (L-1A, maximum stay 7 years) or in
a position requiring "specialized knowledge" (L1B, maximum stay 5
years).
Main Conditions:
- Parent, affiliate, or subsidiary relationship between foreign and U.S.
corporations
- Applicant must have worked at least 12 months, during the three years prior
to entering the United States, for the foreign corporation in a managerial
position or a position requiring "specialized knowledge”.
- U.S.
corporation must have financial ability to pay applicant's wages. If new corporation, must show projected
profit and loss statements.
- Applicant can be the majority shareholder of the foreign and U.S.
corporations.
O Visa: Persons of extraordinary ability
O visa allows stay, up to three years, to perform the type of work in which
applicant has extraordinary ability.
Main conditions:
- Applicant must have extraordinary ability in science, art, education,
business or athletics, demonstrated by national or international recognition. For example must have either an
international prize or meet three of the following: a national award, member
of an organization that requires outstanding accomplishment, publications,
evaluated the work of his/her peers, author of significant scholarly work in
his/her field, employed in an organization of distinguished reputation,
relatively high salary for his/her field
P Visa: Athletes and Entertainers
P1 visa: Internationally recognized athletes and entertainers
Allows stay of up to five years to perform as an athlete or artist
individually or as part of a group.
Main conditions:
- Must maintain foreign residence
- Athlete must be performing at an "internationally recognized level of
performance"
- Artist or group must have been "recognized internationally as being
outstanding"
- If member of a group, generally must have one year prior relationship with
the group
- Generally must have advisory opinion or no objection letter from labor
union
P2 Visa: Artists and athletes coming through exchange program
Allows stay to perform artistic or athletic event for up to one year at a
time.
Main conditions:
- Must keep foreign residence
- Need formal reciprocal agreement between U.S. organization and foreign
organization
- Advisory opinion from U.S.
labor organization
P3 Visa: Artists coming for culturally unique performance or
essential support personnel
Allows stay to perform artistic event for up to one year at a time.
Main conditions:
- Must keep foreign residence
- Evidence regarding cultural uniqueness
- Evidence that artist or group has achieved national or international
acclaim and skills are authentic
- Advisory opinion or no objection letter from labor organization
- For essential support personnel, evidence of support services that cannot
be done by U.S. workers
R Visa: Religious workers
R Visa allows stay of up to five years to work for a religious organization
in a ministerial, professional, or vocational position.
Main conditions:
- Must have two year prior membership with religious organization (not
necessarily employment)
- Evidence of the bona fide religious nature of the organization
Copyright © 2002-2007 Choné & Associates. All rights
reserved
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