Scherzer & Kim Law

Immigration

VISITOR VISAS

B-1 Business Visitors
B-2 Tourist Visitors
J-1 Exchange Visitors

Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Even though visa applicants may apply at any U.S. consular office abroad, it may be additional challenging to qualify for the visa outside the country of permanent residence.

B-1 Business Visitors

B-2 Tourist Visitors

Eligibility
The U.S. consular officer determines the eligibility of an applicant to enter the United States.

The presumption is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas have to overcome this presumption by demonstrating among other things that:

Applicant's reason to enter the U.S. is for business, pleasure, or medical therapy;
Applicant made arrangements to remain for an exact and limited period;
Proof of funds to cover expenses in the United States;
Proof of compelling social and economic ties abroad; and
Applicant has a residence outside the U.S. as well as other binding ties which will insure his/her return abroad at the end of the visit.

J-1 Exchange Visitors

The United States government issues J-1 visas to individuals who take part in a wide variety of exchange visitor programs sponsored by schools, businesses, and a variety of organizations and institutions. These programs are envisioned for business and industrial trainees, scholars, students, international visitors, teachers, research assistants and those on cultural missions.

In addition, there are several exchange visitor programs for young individuals, including summer employment programs, internship programs for university students, and au-pair programs.

Eligibility:
Applicant is a student, scholar, trainee, teacher, professor, research assistant, medical graduate or international visitor who is participating in a program of studies, training research or cultural enrichment specifically designed for such individuals by the United States Department of State, through its Bureau of Educational and Cultural Affairs.

STUDENT VISAS

F-1 Visa: Academic Studies
J-1 Visa: Academic Studies as an Exchange Visitor
M-1 Visa: Non-Academic or Vocational Studies

F-1 VISA: ACADEMIC STUDIES

Eligibility
A foreign national who possesses a residence in a foreign country which he/she has no intention of abandoning and who wishes to come to the U.S. to pursue a course of study at an academic institution accredited by the USCIS, may qualify for an F-1 student visa. The foreign national must have a valid educational reason for coming to the U.S., and must be able to support himself or herself while in the U.S. without working.

F-1 visas are available for applicants intending to be full-time students at approved U.S. academic institutions or language-training programs. An F-1 visa holder may work on-campus for up to twenty (20) hours per week while attending school. After attending school for one academic year, an F-1 student may work off-campus with certain restrictions. After graduation, one year of practical training is available under proper circumstances. However, in certain situations, employment before graduation will be counted against the one-year practical training.

F-1 visa holders remain in valid status during an enrollment in any number of academic programs plus any periods of authorized practical training and a 60-day grace period to depart the U.S. This eliminates the need for extension-of-stay applications for foreign students.

F-1 students often change visa status to an H-1B professional worker category when their study programs are completed.

Status of Spouse and Minor Children (F-2 status)

F-2 visas are issued to spouses and children of foreign students. F-2 visa holders are not allowed to seek employment.

Relatively recent changes severely restrict F-1 visas issued to students at public high schools and elementary schools.

J-1 VISA: ACADEMIC STUDIES AS AN EXCHANGE VISITOR

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 receiving 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
international visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in organized individuals-to-individuals programs.

Benefits of the J1 Visa

You can enter the U.S. as an exchange visitor
Your dependents can stay with you as long as you maintain your J-1 status. They can also attend school while on the J-2 dependent visa
You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings
Your dependents are eligible to apply for employment authorization and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you

M-1 VISA: NON-ACADEMIC OR VOCATIONAL STUDIES

The M-1 visa is given to students who wish to pursue full-time study at a USCIS-approved vocational or non-academic school in the U.S. These schools are usually community and junior colleges that give vocational and technical training or vocational high schools. The schools have to prove their international students program will reach certain educational objectives and will not be used to make students work. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under M-2 status. A prospective student's Form I-20M-N may be used to request an M-2 visa.

INVESTMENT VISAS

E-1 Trade Investment Visa
E-2 Investment Visa

E-1 TREATY TRADERS

To qualify for an E-1 trader visa, a foreign businessperson must be seeking entry into the U.S. to carry on "substantial trade in goods or services in a capacity that is supervisory or executive or involves essential skills." E-1 visas were previously restricted to a trade of goods and specific services. NAFTA has since expanded the scope so that trade can be in goods or services without specification or restriction.
The term "trade" means the exchange, purchase, or sale of goods and/or services. Goods are tangible commodities or merchandise having intrinsic value. Services are economic activities whose outputs are other than tangible goods. Such service activities include but are not limited to banking, insurance, transportation, communications and data processing, advertising, accounting, design and engineering, management consulting, tourism, and technology transfer. As a Treaty Foreign National (TFN), you may be issued a treaty trader (E-1) non-immigrant visa if all of the following requirements are met:

You or your firm are/is a TFN (at least 50% of the company stock is owned by TFNs)
You enter the United States to carry on substantial trade (more than 50%) between your U.S. business and a TFN country
A treaty must already exist at the time you apply for E-1 status
You engage in executive or managerial duties or possess special skills that make your services essential to the employer's operations
You promise to leave the United States upon termination of this status

Countries with Treaties for E-1 Visas: Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia, Wallis & Futura Islands, Western Sahara.

E-2 TREATY INVESTORS

To qualify for an E-2 investor visa, the applicant must "develop and direct operations of an enterprise in which he has invested or is actively investing a substantial amount of capital.” As a foreign citizen, you may be issued an E-2 non-immigrant visa if all of the following requirements are met:

You or your firm are/is TFNs (at least 50% of the company stock is owned by TFNs)
You or the firm for which you work will invest or have invested substantial capital, which is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States. The term "substantial" means:
1. The investment must be significantly proportional to the total investment (usually more than half of the value of the business).
2. An amount normally considered necessary to establish a new business.

You engage in executive or managerial duties or possess special skills that make your services essential to the employer's operations:

An executive position provides the employee great authority to determine the policy of and direction for the business or a major component of the business. The executive functions must be the primary functions of the employee and not just incidental or collateral to other duties.
A supervisory position grants the employee ultimate control and responsibility for a large proportion of the enterprise's operations or a major component of the enterprise. It does not involve the supervision of low-level employees. The supervisory element of the employee's position must be a principal and primary function and not an incidental or collateral function.
The essential nature of a foreign national's "special skills" is determined by assessing the degree of his or her proven expertise of the foreign national in the area of specialization, the uniqueness of specific skills, the length of experience and training with the firm, the period of training needed to perform the contemplated duties, and the salary such special expertise commands.

Countries with Treaties for E-2 Visas
Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.), (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar, Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Mozambique, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia Montenegro, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan, Yugoslavia, Wallis & Futura Islands, Western Sahara.

PROFESSIONAL VISAS

E-2 Essential Employee
E-3 Australian Professional Visa
H1B Professional Working Visa
L-1 Intl. Company Transfer Visa
TN Professional NAFTA Visa

E-2 ESSENTIAL EMPLOYEE

The law provides E2 visa classification for employees who have specialized necessary skills essential to the efficient operation of the enterprise. The company and the applicant have the burden of proof to establish that the applicant has special qualifications essential to the company's US operations.

Eligibility Where the E-2 visa applicant is an employee rather than an investor that employee must be

of the same Nationality of the investor OR Company/Enterprise that has majority ownership of the Business/enterprise;
the applicant is to be a Manager/supervisor – a supervisory position grants the employee ultimate control and responsibility for a large proportion of the enterprise's operations or a major component of the enterprise; or
the applicant is a worker with special skills making him or her essential to the running of the business;

The following are considered in assessing the specialized skills and their essentiality of an applicant:

degree of proven expertise
uniqueness of the specific skills
function of the applicant's intended position;
the salary the special expertise commands;
length and training with the firm; and
availability of the specialized skills in US;

Unlike the H1B, there is no Quota on the number of employees permitted. The E-2 employee visa can be filed directly at the Consulate of the Home Country of the applicant without the prior approval of the USCIS or can be filed as a change of status if the applicant is in the United Sates. The E-2 visa can be approved in a matter of a few weeks if the applicant is filing under premium processing in the United States. The Spouse of the E-2 Investor is eligible for an employment Authorization Card, (Work Permit) allowing the spouse the ability to work legally in the United States at any legal job. The E-2 visa must be extended every Five (5) years however there is NO limit in extensions and an applicant may remain in E-2 visa for an indefinite time, as long as the investment enterprise is ongoing.

E-3 AUSTRALIAN PROFESSIONAL VISA

The E-3 visa classification currently applies only to nationals of Australia and their spouses and children. The E-3 visa is similar to the H-1B visa but has several benefits that H-1B visas do not afford:

they are not subject to the H-1B quota
they can extend your stay indefinitely
they allow spouses to work with approved work permits
they may apply directly at either the US Consulate in Australia or, in Some cases, Canada (no need for prior approval form USCIS )

A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions must be filed with and approved by the Department of Labor (DOL). The definition of a “specialty occupation” under the E-3 visa is similar to the definition of a “specialty occupation” under the H-1B visa. In order to determine what constitutes a "specialty occupation," consular officers abroad will be guided by, and will apply, regulatory criteria already developed by the Department of Homeland Security for the H-1B classification.

Status of Spouse and Minor Children
Section 214(e)(6) of the Immigration and Nationality Act permits the spouse of a principal E non-immigrant to engage in employment in the U.S. The spouse of a qualified E-3 non-immigrant may, upon admission to the U.S., apply for an employment authorization document, which an employer could use to verify the spouse's employment eligibility.

E-3 validity
As with other E visas, the E-3 visa can be extended indefinitely as long as the worker continues employment in the proffered position at the required wages.

H1B PROFESSIONAL WORKING VISA

The H-1B visa is among several categories of visas available to U.S. employers who wish to temporarily employ foreign nationals in the U.S. H-1B professionals are classified as such by USCIS if they meet the statutory definition of a "specialty occupation". The key issues for H-1B eligibility are: (a) whether the position is a specialty occupation, and (b) whether the beneficiary meets the requirements for the specialty occupation.

Eligibility

At the minimum, the H-1B beneficiary should have a bachelor's degree (or its equivalent*)
a valid job offer in the U.S. within the specialty field – Without a sponsoring employer there is no basis for the petition.

Note: Further, the visa is tied to the employer. Applicant must reapply under the new position if changes employment.

the criteria of a specialty occupation
To establish a "specialty occupation", one or more of the following criteria must be met:

The degree requirement is common to the industry or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a bachelor's degree or its equivalent for the position; or
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

qualifying for a specialty occupation
Generally, to satisfy the legal requirements of performing in a specialty occupation, the beneficiary will need:

Full state licensure, if required for practice in the state;
Completion of a U.S. bachelor's or (**) higher degree or its equivalent in the specific specialty or a related field; or
Education, training, or experience in the specialty equivalent to the completion of such degree.

Validity Periods
The H-1B is a temporary visa; thus, the activities to be performed must be temporary in nature. A schedule of events and/or employment agreement is often required. Generally, the initial H-1B status is granted for up to three years, followed by a three-year extension.

Status of Spouse and Minor Children (h-4 status)
Spouses and minor children of H-1B nonimmigrants can apply for H-4 status with the same period of admission as the H-1B holder. However, they may not work in the U.S. unless granted employment authorization through alternate means. (*) Equivalency to a bachelor's degree can be demonstrated by past work experience in progressively responsible positions relating to the specialty. (**)Some positions, such as research scientists, may require an advanced degree as a minimum entry requirement.

INTRA-COMPANY TRANSFEREES

Employees being transferred from a foreign company to a U.S. company require an L-1 visa. The employee must be an executive, manager or a person with specialized knowledge with at least one year of previous work experience with a foreign company. The employee may be eligible to either work at a pre-existing subsidiary/branch office or to start up a new subsidiary/branch office for the parent company abroad. There must be a subsidiary, affiliate or branch office relationship between the foreign and U.S. companies where there is either more than 50% stock control, or a 50/50 joint venture with joint veto power. Requirements that the U.S. company train replacement persons have been removed. A relationship between companies is demonstrated by showing that the corporations are the same, or that one is a subsidiary, affiliate or branch office of the other. The requirements for an L-1 visa include proof of continuous foreign employment for one year in the three years immediately prior to filing this application. If you enter the United States as an employee of the organization on some other type of visa, the time you spent working in the United States under a valid visa will not be counted against you in assessing the one-year requirement. However, neither will it be counted as applicable to the one-year previous foreign employment.

How to Apply
An L-1 visa application for foreign nationals must be approved through a USCIS Regional Service Center. USCIS then sends the approval notice to a U.S. consulate where the applicant obtains the L-1 visa. Where the applicant is in lawful status in the United States, he may change his status from within the U.S.

Duration of Visa
For a business that is just starting up, an L-1 visa is generally valid for one year. For businesses that have been doing business in the United States for one year or longer, the visa is valid for up to three years with two-year extensions available for a total of up to five years for an employee with specialized knowledge, and up to seven years for an executive or manager. L-1 extensions have to be filed in the U.S. at the USCIS Regional Service Center where the business is located.

Status of Spouse and Minor Children (L-2 visas)
The foreign national spouse or unmarried minor children of the employee are entitled to the same nonimmigrant classification and the same length of stay as the employee. The employee's spouse may apply for work authorization to work in the United States.

TN FREE TRADE NAFTA PROFESSIONAL

TN Visas are temporary work visas available only to citizens of Mexico and Canada . Under the North American Free Trade Agreement (NAFTA), a citizen of a NAFTA country may work in a professional occupation in an additional NAFTA country as long as the applicant meets certain needs.

eligibilty:
The following are the needs to be eligible for the TN Visa:
1. The profession have to be on the NAFTA list.
2. The foreign national have to possess the required education or training for that profession.
3. The proposed position have to be classified as a professional position.
4. The foreign national have to work for a U.S. employer.

GREEN CARDS

EB-1 Multinational Executives/ Researchers & Extraordinary Abilities
EB-2 Advanced Degreed Professionals
EB-3 Skilled Workers, Professionals holding basic degrees, and "other workers." Schedule-A Nurses and Physical Therapists
EB-4 Religious Workers
EB-5 Investment
PERM Labor Certification

EB-1

The EB-1 classification is open to individuals with extraordinary ability in the arts, sciences, education, business or athletics; to remarkable professors or researchers; or to managers and executives soon to be transferred to the U.S.
Eligibility: To be eligible for EB-1 classification as a manager or executive transferred to the U.S., you have to have been employed outside the U.S. as a manager or executive for at least one of the past three years for a company affiliated with the U.S. company filing the I-140 petition. The U.S. petitioning company has to have been performing business in the U.S. for at least one year.

EB-2 PROFESSIONALS WITH ADVANCED DEGREES OR PERSONS WITH EXCEPTIONAL ABILITY

The EB-2 classification is open to individuals with exceptional ability in the sciences, arts or business; professionals with advanced degrees; and physicians intending to practice medicine in underserved areas.

EB-3 SKILLED OR PROFESSIONAL WORKERS

The EB-3 classification includes individuals with at least two years experience as skilled workers, professionals with bachelors' degrees.

SCHEDULE A
Schedule A Green Card is Suitable For:

Registered nurses with an employment offer from a U.S. hospital or medical center
Physical therapists with an employment offer from a U.S. employer
Foreign nationals qualified to work in one of the shortage occupations designated by the Department of Labor on the Schedule A list
Foreign nationals whose Green Card applications are sponsored by U.S. companies to work in one of the shortage occupations designated by the Department of Labor on the Schedule A list

EB-4 SPECIAL IMMIGRANTS

The EB-4 classification includes religious workers and employees and former employees of the U.S. government abroad.

EB-5 INVESTOR VISA

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. The EB-5 visa provides the most flexible path to a green card based on a U.S. investment. The EB-5 visa does not require the applicant to manage the day-to-day affairs of a business. One may invest in an existing business or a new business. More than one person may invest in the same business. The EB-5 investor may be a minority owner of the business.

Eligibility
Applicant must establish a new commercial enterprise by:

creating an original business;
purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
expanding an existing business by 150 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months;

Applicant must also invest or be in the process of actively investing in a new commercial enterprise

that is at least $1,000,000, and employs at least 10 qualified full-time U.S. workers; or
that maintains the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Exceptions are made for $500,000 investments in some rural areas or areas with high unemployment rates.

PERM LABOR CERTIFICATION

FAMILY PETITION

Green Card Spouse & Family Members
Marriage to a US Citizen/K-1 Fiancé Visa

GREEN CARD SPOUSE & FAMILY MEMBERS

U.S. citizens can petition on behalf of

Spouse or children under 21 years old.
Parent (if you are at least 21 years old).
Unmarried child over 21 years old and their children.
Married child of any age and their children.
Sibling and his or her spouse and children (if you are at least 21 years old).

** A United States Citizen may petition for his or her Immediate Relative even if that
relative has fallen out of status. The immediate relative must have entered the United States legally however.

U.S. permanent residents can petition on behalf of:

Spouse or children under 21 years old.
Unmarried child over 21 years old.

Self-Petition under Violence Against Women Act (VAWA) of 1994
The spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency under VAWA under the following conditions:

Spouse:
You may self-petition if you are a battered spouse married to a U.S. citizen or LPR. Unmarried children under the age of 21 may be included on the petition as derivative beneficiaries if they have not filed their own self-petition.
Parent:
You may self-petition if you are a parent of a child who has been abused by your U.S. citizen or LPR spouse. Unmarried children of under the age of 21, including those who may not have been abused, may be included on the petition as derivative beneficiaries if they have not filed their own self-petition.
Child:
You may self-petition if you are a battered child, unmarried and under the age of 21, if you have been abused by your U.S. citizen or LPR parent.

MARRIAGE TO A U.S. CITIZEN

Every year, thousands of foreign-born individuals become engaged or married to U.S. citizens. The immigration process for Green Card through marriage varies depending on whether you intend to marry the U.S. citizen in the U.S. or outside the U.S. Each situation requires slightly different arrangements and procedures.

Marriage within the U.S.
If your intended spouse is in the U.S., you may marry and file the USCIS Form I-130 and for adjustment of status at the same time.

FIANCÉ OR FIANCÉE K TYPE VISA
U.S. Immigration law allows three methods for U.S. citizens to bring spouses to the United States: the K-1 Fiancé Visa , K-3 Visa and the Immediate Relative Immigrant Visa.
The K-1 fiancé visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S.

Eligibility

You and your fiancé are legally eligible to marry under the laws of your country as well as the laws of the U.S
You will marry the petitioning U.S. citizen within 90 days of entering the U.S.
You intend to enter the U.S. solely to marry the U.S. citizen
You have met the U.S. citizen within the last two (2) years before filing for the K-1 fiancé visa. Nevertheless, this requirement can be waived only if meeting your fiancé in person would violate long-established customs or would create extreme hardship for you

Benefits of the K1 Fiancé Visa

The K-1 fiancé visa generally has a shorter waiting period compared to marriage-based immigration visa petitions
You can apply for a work permit by filing a form
Your children can accompany you to the U.S. on the K-2 dependent visa as long as they are named in the fiancé visa petition

CITIZENSHIP

Naturalization

US CITIZENSHIP THROUGH NATURALIZATION

Eligibility

you are a foreign national with five (5) years of permanent residency in the U.S. and at least half that time you were physically present inside the U.S. with no periods of absence over six months;
you are a foreign national who has been a permanent resident for three (3) years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past three (3) years;
you have served the U.S. Armed Forces for at least three (3) years;
you performed active-duty military service in the U.S. Armed Forces during World War I, World War II, Korea, Vietnam or Persian Gulf;
you were married to a U.S. citizen who died during a period of honorable active-duty service in the U.S. Armed Forces;
you served on a vessel operated by the U.S. and have been a U.S. permanent resident for the past five (5) years;
you are an employee or a person under contract to the U.S. Government and have been a U.S. permanent resident for the past five (5) years;
you are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the U.S., and have been a U.S. permanent resident for the past five (5) years; or
you are a spouse of a U.S. citizen who is one of the following:
- A member of the U.S. Armed Forces;
- An employee or a person under contract to the U.S. Government;
- An employee of an American institution of research recognized by the Attorney General;
- An employee of a public international organization of which the United States is a member by law or treaty;
- An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; or
- A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States;

OTHER NON-IMMIGRANT VISAS

H-2A Agricultural
H-2B Seasonal Workers
H-3 Professional Trainee Visa
O-1 Extraordinary Ability Visa
P-1 Entertainer/Athlete Visa
P-2 Artists, Entertain Reciprocal Exchange

H-2A AGRICULTURAL

The H-2A visa allows foreign workers entry to the U.S. to work in agriculture. Employers have to apply on behalf of their employees. Workers' spouses and unmarried minor children are allowed to join them in the U.S. under H-4 status. Dependents are not permitted to work unless they personally qualify for a work visa.

Foreign agricultural workers with job given by from U.S. employers
Foreign workers hired by U.S. companies to perform agricultural labor or services of a temporary or seasonal nature

H-2B SEASONAL WORKERS

Foreign athletes, trainers or artists with jobs given by U.S. employers
Skilled workers in crafts and trades who are able to perform tasks for which no U.S. workers are available
Foreign nationals brought in by U.S. companies to perform temporary work for which no U.S. workers are available

H-3 TRAINEES

Foreign nationals to receive training not available in their countries
Foreign nationals as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities
Foreign employees sent by multinational companies to the U.S. for on-the-job training

O-1 EXTRAORDINARY ABILITY

Foreign nationals who have received paramount prizes or awards or other recognition for remarkable achievements in the field of arts, sciences, education, business or athletics and with a job with a U.S. company.
Foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job with a U.S. company.
Foreign nationals with extraordinary ability in the field of arts, sciences, education, business or athletics hired by U.S. companies
Artists and entertainers of extraordinary ability affiliated with motion picture or television industry

O-2 support personnel

O-2 visas are given to support personnel of O-1 visa holders in the fields of athletics, entertainment, motion picture and television production. This status is not applicable to personnel in the sciences, business or education.

Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under O-3 status. The petitioner should file a petition on each such person's behalf. Your dependents have to prove immediate relation to you. Although they are not allowed to work while in the United States, dependants may attend school or college.

P-1 ATHLETES, ENTERTAIN & SUPPORT PERSONNEL

P-1 visas are issued to certain entertainers, circus artists, and athletes who wish to work temporarily in the U.S.

Athletes or athletic teams recognized internationally entering the U.S. to participate in an event of international standing
Entertainers and entertainment companies recognized internationally as remarkable entering the U.S. to tour the U.S. or participate in events
Distinguished circus artists who wish to work in the U.S.
Support personnel of P-1 and P-2 visa holders
Athletes, athletic teams and their support personnel brought by U.S. agents and companies to participate in events of international standing
Entertainers and entertainment companies recognized internationally as remarkable brought by U.S. agents and companies to tour the U.S. or participate in events

P-2 ARTISTS, ENTERTAIN RECIPROCAL EXCHANGE

P-2 Visas are issued to artists or entertainers, individually or as a group entering the U.S. as a part of a reciprocal exchange program.

Artists entering the U.S. through a government-recognized reciprocal exchange program
Entertainment troupes or bands entering the U.S. through a government-recognized reciprocal exchange program
Artists and entertainers brought by U.S. agents and companies under a reciprocal exchange program to tour the U.S. or participate in events

P-3 ARTISTS, ENTERTAIN CULTURALLY PROGRAM

Artists and entertainers entering the U.S. to perform in a culturally unique program
Artists to represent, teach, or coach cultural, musical, ethnic folk, artistic, or theatrical arts in the U.S.
Artists entering the U.S. to enhance the development or comprehension of culturally unique art forms
Support personnel of P-3 visa holders
Artists and entertainers brought by U.S. agents and companies to participate in culturally unique programs

R-1 RELIGIOUS

Members of a religious group or community having a bona fide non-profit, religious organization in the U.S.
Foreign nationals coming to the U.S. to work solely as the minister of a religious group or community
Foreign religious workers employed by non-profit religious organizations in the U.S. to work in religious vocations such as liturgical workers, religious instructors or cantors, catechists, missionaries, religious translators, or religious broadcasters