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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. Passports issued or renewed after
October 26, 2006, must contain a chip with a digital photo and biographic
information. Passports issued or
renewed between October 26, 2005 and October 25, 2006, 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 United 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 who are not permanent residents or U.S. citizens. 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 generally be 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. The 2008 quota was also exhausted within
a few days. As of the end of april 2009, and due to the severe economic downturn,
the 2009 quota has not yet been exhausted.
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 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 the 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 or U.S.
corporations.
“Specialized
Knowledge”: if candidate will train U.S. workers
in specialized techniques of the foreign company, or has improved the foreign
company’s business through unique and special contributions and will
do the same to the US. company, or
has the knowledge of proprietary technologies or procedures needed by the US company.
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- Choné & Associates. All rights
reserved
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