Non-Immigrant Visa – English Version

E-1 Treaty Trader Visa

The E-1 Treaty Trader visa is available to nationals of countries that maintain treaties of commerce and navigation with the United States.

This visa is intended for individuals engaged in substantial trade between the U.S. and their home country, with at least 50% of the trade conducted between these two nations. Eligible trade includes goods, services, and technology across industries such as banking, insurance, and communications. Applicants must hold a supervisory or executive role or possess essential skills critical to the trade. The E-1 visa is initially issued for up to two to five years and can be renewed indefinitely, provided the trade activities remain substantial and ongoing.

L-1 Intra-Company Transferee Visa

The L-1 Intra-Company Transferee Visa allows multinational companies to transfer key employees from their foreign offices to their U.S. branch for a temporary period.

This visa is available for executives, managers, or employees with specialized knowledge who have been employed by the company abroad for at least one continuous year within the three years preceding their application.

Executive capacity generally refers to the key employee’s ability to make decisions with a wide latitude and minimal oversight.

Managerial capacity refers to the key employee’s ability to supervise and control the work of other employees under his/her supervision and to manage the organization or a part thereof. It can also refer to the employee’s ability to manage the organization in an essential function at a high level, without direct supervision.

The L-1 visa has two subcategories: L-1A for executives and managers, and L-1B for employees with specialized knowledge. It allows these individuals to work in the U.S. for an initial period of up to one year for new office setups or three years for existing operations, with possible extensions of up to a maximum of seven years for L-1A and five years for L-1B.

Spouses and children under the age of 21 may accompany the L-1 visa holder under a L-2 visa status, with spouses being eligible to apply for a work authorization. However, the ability to work on an L-2 visa is contingent upon the principal L-1 visa holder maintaining L-1 status. If the L-1 visa holder’s status is terminated or they leave their job, it will impact the L-2 visa holder’s work authorization.

E-2 Treaty Investor Visa

The E-2 Treaty Investor visa allows nationals of treaty countries to enter the United States to direct and develop a business in which they have made a significant investment. The business can be a start-up or the investor can purchase an already existing business.

The investment must involve a significant financial risk and demonstrate the likelihood of a successful operation. Investment means that the investor places capital, including funds and/or other assets, at risk with the objective of generating a profit. The investment must be placed in the commercial sense, meaning the investor assumes the risk of loss while seeking to generate a return.

The most important requirements are:

The investment must involve a significant financial risk in a U.S. enterprise and demonstrate the likelihood of successful operation.
The U.S. enterprise must have the nationality of a treaty country, meaning that at least 50% of the enterprise must be owned by persons with the treaty country’s nationality.
The investment must be substantial and sufficient to ensure the successful operation of the enterprise.
The U.S. enterprise’s income must not be marginal. It must generate more income than just enough to provide a living for the investor and family; that is, it must have a present or future capacity to make a significant economic contribution and/or create jobs.
This visa is issued either to the investor, who is coming to the United States to develop and direct the enterprise, or to the enterprise’s manager, who will be employed in a supervisory or executive position, or as a person who possesses specialized skills essential to the efficient operation of the U.S. enterprise.

Upon each entry into the United States, E-2 visa holders are typically granted a two-year period of authorized stay by the U.S. Customs & Border Patrol (CBP), regardless of the length of the validity of the visa that was issued at the consulate. Overstaying the period authorized by the CBP can lead to an automatic termination of visa status.

Spouses of E-2 visa holders may accompany the visa holder and are eligible to work in the U.S. in any job, provided they ensure their I-94 entry record provided by the CBP officer reflects “E2-S” status. Children under 21 may also accompany the visa holder. They are not allowed to work, but may attend school.

The E-2 visa is strictly a non-immigrant visa, requiring the holder to maintain intent to return to the home country at the expiration of the visa. It does not lead directly to permanent residency, but changing from a non-immigrant e-visa status to an immigrant visa is possible. Therefore, E visa holders should make sure to keep enough ties to their home country.

H-1B Specialty Occupations Visa

The H-1B visa is for Specialty Occupations. It is for foreign professionals seeking employment in positions that require specialized knowledge and a bachelor’s degree or higher in a specific field. A U.S. employer must sponsor the foreign professional.

There is an annual cap for new H-1B visas. Although foreign professionals fill a critical need in the U.S. labor market, every year, employers in the United States who seek highly skilled workers, unfortunately have to compete in a pool of available and capped H-1B visas. For many years now, the demand for H-1B visas has outpaced the annual number of available visas. If the number of petitions exceeds the cap, a lottery system is used to randomly select which petitions will be processed.

The initial duration of the H-1B visa is up to three years, with the possibility of an extension for a maximum of six years.

Spouses and unmarried children under the age of 21 may accompany the visa holder under H-4 status, but dependents are not automatically authorized to work in the U.S.

Although the H-1B visa is a non-immigrant visa, it allows for dual intent, meaning holders can pursue permanent residency while maintaining H-1B status.

There are special H visas for certain foreign nationals, including agricultural workers, seasonal workers, and trainees (H-1B1, H-2A, H-2B, H-3).

O-1 Visa for Individuals with Extraordinary Ability or Achievement

The O-1 Visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or with a record of extraordinary achievement in the motion picture or television industry.

Applicants must demonstrate sustained national or international acclaim and recognition in their field through extensive documentation. The initial period of stay is up to three years with extensions granted in one-year increments as necessary to accomplish the initial event or activity. Spouses and unmarried children under 21 may accompany the O-1 visa holder under O-3 status but are not authorized to work in the United States.

While the O-1 visa is non-immigrant, it allows for dual intent, enabling holders to apply for a green card without jeopardizing their O-1 status. The pathway to a Green Card is similar to the P visa process.

Difference between O-1 and H-1B Visa

The O-1 visa can be applied at any time, while the H-1B has a restricted application period. The H-1B is valid for a maximum of six years, while the O-1 visa provides for unlimited renewals, as long as the project remains active.

A spouse of a H-1B visa holder automatically receives a work authorization. On the other hand, spouses of an O-1 visa holder are not automatically allowed to work in the U.S. In order to work in the U.S., they would have to apply for a separate employment-based visa.

P-1 Visa for Athletes, Artist, and Entertainers

The P-1 Visa is designated for internationally recognized athletes, artists, and entertainers coming to the United States to perform at a specific event or to participate at a competition.

This category includes individual athletes, athletic teams, and members of entertainment groups with sustained international reputation. Essential accompanying support personnel may also be eligible.

The visa duration varies: individual athletes may be granted stays for the duration of the event, up to five years, with a possible extension of an additional five years; athletic teams and entertainment groups are typically allowed stays for the duration of the event, up to one year, with extensions in one-year increments. Spouses and unmarried children under 21 can accompany the principal visa holder under P-4 status, but they are not permitted to work in the U.S.

A transition from P-1 visa status to Green Card is possible via an employment-based Green Card process based on the person’s exceptional ability in his/her field (EB-1, EB-2 and EB-3). The person can remain in the U.S. by adjusting his/her status when applying for an EB- Green-Card.

A Labor Certification (PERM) from the U.S Department of Labor is also required for some EB visas. This certifies that there are not sufficient U.S workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Fiancé Visa (K-1 Visa)

The K-1 Visa allows the foreign fiancé of a U.S. citizen to enter the United States to marry within 90 days of arrival. Both individuals must be legally free to marry, with any previous marriages lawfully terminated by divorce, annulment, or death. The U.S. citizen must have met their fiancé in person at least once in the past two years unless an exception applies for cultural or religious reasons.

Once the U.S. citizen’s petition to establish the legitimacy of the relationship is approved, the foreign fiancé undergoes visa processing at a U.S. embassy or consulate in their home country, including an interview and medical examination. If granted, the visa allows travel to the United States, where the couple must marry within 90 days. After the wedding, the foreign spouse must apply for an adjustment of status to become a lawful permanent resident.

A fiancé may apply for a tourist visa while awaiting the K-1 process, but approval is difficult if not unlikely, due to concerns about immigration intent.

Before the K-1 visa is issued, both partners must submit a Letter of Intent to Marry confirming their commitment to wed within the required timeframe. The U.S. citizen sponsor must also meet financial requirements to support their fiancé without government assistance. These income thresholds are based on the U.S. Poverty Guidelines, which are regularly updated.

Special rules apply when a marriage broker is involved (International Marriage Broker Regulation Act (IMBRA).

Spouse Visa (K-3 Visa)

The K-3 Visa allows the foreign spouse of a U.S. citizen to enter the United States while waiting for the approval of their immigrant visa petition. Designed to reduce separation time, it enables the spouse to live in the U.S. while their Green Card application is processed.

To qualify, the couple must be in a valid, legally recognized marriage, and the U.S. citizen must have already filed an immigrant petition for their spouse. The foreign spouse applies for the K-3 Visa at a U.S. embassy or consulate in their home country.

The process begins with the U.S. citizen submitting a petition, followed by visa processing abroad, including an interview and medical examination. If granted, the K-3 Visa allows entry into the U.S., where the spouse can apply for permanent residency.

K-2 and K-4 Visas

The K-2 Visa allows unmarried children under 21 of a K-1 fiancé(e) visa holder to enter the United States and accompany their parent. To qualify, the child must be listed on the parent’s K-1 visa petition and remain unmarried before entering the U.S. After the K-1 parent marries the U.S. citizen sponsor within 90 days, the K-2 child can apply for permanent residency.

The K-4 Visa allows unmarried children under 21 of a K-3 spouse visa holder to join their parent in the United States. To qualify, the U.S. citizen sponsor must have already filed an immigrant petition for the K-3 spouse. Once in the U.S., the K-4 child can apply for a Green Card along with their parent.

Both K-2 and K-4 visa holders must maintain their status and apply for adjustment of status before aging out at 21 to remain eligible for permanent residency.

Schedule a Consultation Today

Our lawyers will fight tirelessly for you as your devoted advocates and provide legal
counsel as though you are family. Contact us online or call us at 305-341-3100 to
schedule a consultation today.