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Non-Immigrant Visas
Sohaib I. Awan is licensed to practice law in the District of Columbia
In general, non-immigrants are aliens who temporarily enter the United States for a specific purpose and a designated period of time. Non-immigrants are issued non-immigrant visas. They are restricted to the activity (ies) consistent with these visas. Non-immigrants must intend to return their home countries upon expiration of their non-immigrant visas.
Non-immigrant status varies from client to client. Depending on the client's needs and qualifications, it is critical for the attorney to choose the appropriate visa category. Below is a list of the most common visa categories and general information about each:
B-Status (Visitor Visas)
B-status is generally intended for those individuals who temporarily enter the United States for business or pleasure. Those granted B-1 or B-2 status may visit the United States for up to 90 days.
E-1/E-2 Status (Treaty Trader/Treaty Visas)
E-Status is granted to those individuals who enter the United States based on a treaty between the United States and their home nation. E visas allow individuals to (a) temporarily enter the United States to carry on "substantial trade" between the United States and their home country or (b) develop and direct the operations of an enterprise in the United States in which the individual has invested.
F-1 and M-1 Status (Student Visas)
F and M-Status are intended for those individuals seeking to pursue and complete courses of study at established institutions of learning in the United States.
H-Status
H-Status is intended for those individuals seeking temporary employment in the United States for longer than 90 days. Visas in this category include:
- H-1 B Visas:
Visas for professional workers with bachelor's degrees or their equivalent who desire to enter the United States to perform services in a "specialty occupation."
- H-2 A Visas:
Visas for temporary workers performing "one-time" agricultural labor or services. No U.S. workers capable of performing such labor must be available in the United States.
- H-2 B Visas:
Visas for workers who enter the United States to perform "one-time" duties other than agricultural work. As with the H-2 A Visa, no U.S. workers capable of performing such work must be available.
- H-3 Visas:
Visas for trainees entering the United States on a temporary basis who receive training from an established institution or organization. This training must be unavailable in the non-immigrants' home nation.
J-Status
J-Status is intended to provide foreign nationals with the opportunity to participate in educational and cultural programs in the United States. J-status was created to encourage cultural exchange between the United States and other nations.
K-1-Status
K-1 Status is conferred on fiancées and children of United States citizens who seek to enter the U.S. solely for the purpose of concluding a valid marriage with the petitioning U.S. citizen.
K-3-Status
K-3-Status allows spouses of U.S. citizens to be admitted into the United States as non-immigrants where they may file for adjustment of status to permanent residence.
L-Status (Intra-Company Transferee Visas)
L-Status is available to employees of foreign companies who are transferred to branches of their companies within the United States. L-Status is only available to executives and managers who have been continuously employed by the parent company for one of the last three years.
O-Status (Extraordinary Ability Visas)
O-Status allows immigrants with extraordinary skill or achievement in the fields of art, athletics, business, education, or the sciences to temporarily work in the United States in that capacity.
P-Status (Athlete or Entertainment Group Visas)
P-status allows "internationally recognized" athletes and entertainment groups to enter the United States on a temporary basis to participate in an event, league, or competition.
R-Status (Religious Worker Visa)
R-status allows non-immigrants working in a professional capacity in a religious occupation or vocation to temporarily enter the United States to perform religious work. These individuals must have been working in a religious capacity for two years immediately preceding the application for an R-status visa.
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