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Nonimmigrant VISAs

VISA A-1, Foreign Government Officials (Nonimmigrants)

Visa given to government employees such as ambassadors, consuls, and diplomats who are carrying out diplomatic duties in the United States.

VISA B-1, Business Visitors (Nonimmigrants)

Visa given to people who will start a company in the United States. The following are some of the necessary prerequisites for obtaining this visa: proof that the person must return to his/her native country, that he/she person will remain in the United States only for a temporary period, and that financial support will be provided by a foreign company.

VISA B-2, Tourist Visa (Nonimmigrants)

Visa for people who wish to travel to the United States for tourism, to visit someone on a temporary basis, etc. In order for this visa to be granted, it is necessary to demonstrate that the person has a reason to return to his/her native country and is financially stable enough to travel. It is possible for people with a B-2 to opt for a stay extension; this permit must be solicited before the visa expires. The necessary prerequisites for an extension of stay are:

  1. Photocopy of passport.
  2. Photocopy of visa.
  3. Photocopy of I-94.
  4. Address outside of the United States.

VISA C-1, Visa for Foreigners Passing Through the United States

Visa given to people traveling to other countries who will stop in the Unites States. It is necessary to prove that the final destination is in another country and that all the necessary permits are held in order to enter that country.

VISA C-2, Visa for Foreigners Passing Through the United States

This visa is for people who will travel through the United States for official business reasons. These people should not travel within a radius of 25 miles of Columbus Circle in New York City.

VISA C-3, Visa for Foreigners Passing Through the United States

This visa is only granted to foreign officials who are returning from another country and have a stopover in the United States either on their way there or on their return.

VISA D-1, Visa for Crewmembers

Visa granted to members of a crew who will leave the country in the same ship, airplane, or vehicle used to enter the United States.

VISA D-2, Visa for Crewmembers

Visa granted to members of a crew who will be leaving the country on their own after the crew has finished its work.

VISA E-1/E-2, Visa for Businesspeople Benefiting From a Treaty of Commerce and Navigation

This visa is directed to all enterprises, large or small, that benefit from a treaty of commerce and navigation between the United States and a foreign country.

VISA F-1, Visa for Academic Students

This visa is given to people who wish to undertake elementary school, high school, university, or post-graduate studies. Some of the necessary requirements for this visa are the following: financial information that demonstrates ability to pay for a prolonged stay in the United States, proof of medical insurance in the United States and application I-20A or I-20M completed by a university or school in the United States.

VISA G-1, Visa for Representatives of International Organizations

This visa is granted to the head of a foreign organization who is the resident of a foreign country, as well as to members of this person’s team who legitimately work directly with him/her according to the United States.

VISA G-2, Visa for Representative of International Organizations

This visa is granted to other representatives of the organization who are accredited by a foreign government and who the United States recognizes as legitimate.

VISA G-4, Visa for Representative of International Organizations

Visa granted to officials and employers of international organizations.

VISA G-5, Visa for Representatives of International Organizations

Visa granted to employees, assistants and servants of those who have already been granted a visa under one of the previous four categories.

VISA H-1, Specialized Work

For this type of visa it is necessary for employers in the United States to require the temporary services of a specialized professional. In order to be considered a specialized professional, the person must have at least a college diploma related to the position that has been offered. Among the prerequisites is a college diploma of four years or more from an institution in the United States. If a foreign institution conferred the diplomas, the person must complete an equivalency of the college diploma in the United States.

VISA H-1A, Visa for Professional Nurses

Visa granted to nurses who have fulfilled the INRA prerequisites necessary to work in health organizations in the United States.

VISA H-1B, Visa for Foreign Professionals

Visa granted to professionals who have been offered work by an employer in the United States. This person must have a professional license to practice in the United States. The person who has this type of visa may remain in the country for up to six years. Some of the necessary prerequisites are the following: an equivalent of a professional degree in the United States, experience in the solicited position, record of declaration of working conditions filed with the Department of Labor of the United States, certificates, diplomas, prizes, articles in newspapers or magazines, letters of recommendation from people and organizations, work contract, resume, and a job offer from an employer in the United States.

VISA H-2, H-2A, H-2B, Visa for Agricultural Workers

Visa granted to farmworkers who have no intention of abandoning their native country, but who may come to the United States to work as agricultural workers or to perform services related to agricultural work for a temporary period. For this visa to be issued there has to be proof of the necessity of contracting foreign labor and that no unemployed American citizen may occupy that position.

VISA H-3, Training Visa

This type of visa is granted to those who have no intention of abandoning their country and who need to come to the United States to complete a temporary training program, which will be applied in a job in the person’s native country.

VISA I, Visa for Media Representatives

This type of visa is granted to people who work as correspondents of the press, television, radio, or any other means of communication of a foreign country. The correspondents’ family can also apply for this visa.

VISA J, Visa for Foreign Exchange Students

Visa for foreign exchange students or industrials who need to come to the United States to complete a program approved by the American government. Exchange programs are used to acquire educational experience or to complete some type of research.

VISA K, Visa for Fiancé(e)s

Visa for foreigners who have the intention of marrying an American citizen, and who are coming to the United States only for that reason. The person has 90 days from the date of his/her arrival to marry. If the person does not marry, he/she must return to his/her country of origin. There exist two categories:

Visa K-1
for the fiancé(e) outside the United States.

Visa K-2
for the underaged children of the foreigner.

Visa K-3
citizen who petitions his/her husband/wife and children less than 21 years of age
who are living outside of the United States.

Requisites for Visa K-3 (Form I-129 F)

  • Birth certificate of husband, wife, and children under 21 years of age.
  • Marriage certificate.
  • Divorce certificate (if previously married).
  • A residence type picture of each applicant and of the petitioner.
  • Record of format I-130 sent to immigration (Form 179).
  • All documents appropriately translated to English and notarized.

VISA L-1A, Visa for Executive Transfers

This visa is utilized by foreign companies that have established, or wish to establish, a branch office in the United States and need to transfer an employee of managerial or executive level, or an employee who possesses some specialized knowledge, and who has been employed by the foreign company for at least one year within the last three years.
The beneficiary of this visa is authorized to work exclusively with the branch office or subsidiary. He/she must receive a salary from the branch office and he/she must file taxes annually in the United States while working under the L-1 status. It is important to know that the visa is canceled once employment is terminated. If the branch office in the United States is new, the visa is granted initially for one year although it is possible to obtain extensions (as long as it is demonstrated that the companies in both countries are functioning). If the branch office in the United States has been functioning for more the 1 year, the visa is granted initially for a maximum period of 5 years although it is possible to obtain an extension, but the total period of the visa will never exceed 6 years. The husband/wife and children under 21 years of age will receive the L-2 visa. This visa allows this spouse to work and children to attend school.

Foreign Company Requirements

  1. Written constitution or chamber of commerce registration.
  2. Most recent balance sheet and financial statements signed by accountant.
  3. Most recent income tax statement.
  4. Letter of transfer.
  5. Letter indicating the names of the shareholders or owners.
  6. List of employees or pay roll.
  7. Last 3 bank statements.
  8. Lease or deed for commercial property.
  9. Photocopy of the page in the phonebook where the company’s phone number is listed.
  10. Invoices, orders, contracts, service receipts, or 20 to 30 documents that demonstrate the company’s activities for the last 3 months.
  11. Photocopy of magazine or newspaper ads.
  12. Organization chart where both companies appear (foreign and U.S.).
  13. Business plan for the first year of activities in the United States.
  14. Letter indicating who will replace you during your absence. This letter is only necessary if you are the sole proprietor or the chief partner of the company.
  15. Letter from accountant or head of the department of accounting that states that the company will assume the initial costs of the operations in the United States.
  16. Proof that the company will continue functioning. A copy of a contract with another company may serve as proof.
  17. Proof of business, bank accounts or property of the executive to be transferred.
  18. Proof that the company has financial resources to initiate operations in the United States such as money transferred to the United States account, CTD, or bank statement of the U.S. account.

United States Company Requirements

  1. Certificate and articles of incorporation.
  2. Deed or lease for commercial property.
  3. Issued stock.
  4. Last balance sheet or financial statement.
  5. Last income tax statement.
  6. Occupational license issued by city or county.
  7. Last 3 bank account statements. If the corporation is new, letter from bank indicating account balance.
  8. Invoices, orders, receipts, contracts, and in general 20 to 30 documents from the last 3 months that show company activity.
  9. Copy of the page in the phone book where the company’s phone number is listed.

ALL DOCUMENTS MUST BE AUTHENTIC OR ORIGINALS

Visa M, Visa for non-academic and non-vocational students.

Visa O, Visa for athletes, professional athletes, artist and others.

Visa R, Visa for religious workers.

 

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