Each American Embassy and Consulate has different visa application procedures and requirements. It is essential to check with the individual Embassy or Consulate at which you intend to apply.
Applicants should be aware that approval by the Citizenship and Immigration Service or sponsoring entity does not guarantee issuance of a visa. The consular officer, under the authority of the Department of State, may deny the visa. Moreover, issuance of a visa does not guarantee entry into the U.S. At the Port of Entry (POE), an immigration inspector must authorize the traveler's admission to the U.S., and such inspector has the authority to deny admission in accordance with U.S. immigration laws and regulations.
Note about Canadian citizens
Canadian citizens are subject to different visa and passport requirements than other foreign nationals. Accordingly, some of the following application procedures, eligibility requirements, etc. will differ for beneficiaries possessing Canadian citizenship. Consultation with a licensed immigration attorney is recommended for those for whom these exceptions might apply.
Generally, in order to travel to the United States, a foreign national must first obtain a visa that grants the holder permission to travel to the U.S. for purposes specified on the visa. In order to obtain a visa, a person must apply for a visa at a U.S. Embassy or Consulate in their home country. If approved, the inspector will issue the traveler a visa that will indicate the length of time it is valid for use of travel to the United States. Please note: the expiration date on the visa does not denote the time a holder may remain in the U.S., but rather only the time s/he may use the visa to seek permission (travel) to enter.
Despite issuance of a visa by a U.S. embassy or consulate, authority to grant permission to enter the U.S. rests with the individual U.S. Customs & Border Protection official at the Port Of Entry. Having an approved visa does not necessarily grant permission to enter.
Foreign nationals who have been granted permission to enter the U.S. on a valid visa who wish to stay beyond the time indicated on their I-94 Departure Record, must apply for an extension of stay with the USCIS in the United States.
General Requirements
Because each U.S. Embassy and Consulate has different visa application procedures and requirements, it is difficult to provide general application instructions. Please click here to locate a Embassy or Consulate in your home country and the specific instructions you must follow in order to demonstrate your eligibility for a visa.
B-1 and B-2 visa classification is available to foreign born nationals who wish to enter the U.S. temporarily for business (B-1), or for pleasure or medical treatment (B-2). A B-1 or B-2 visa may only be used for the stated purpose or intent. Except under very limited circumstances, persons planning to travel to the U.S. for any other purpose such as study, employment, training, etc., must apply for a different visa in the appropriate category, even if they already possess a valid B visa.) Moreover, a person may not hold more than one nonimmigrant visa classifications at a time, including B-1/B-2.
Application Procedures
If the applicant is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the applicant is inside the U.S. and wishes to change to or extend his or her B-1 or B-2 nonimmigrant visa status, he or she must apply for approval from the USCIS. A variety of limitations and factors may preclude one’s eligibility to change or extend one’s B-1 or B-2 nonimmigrant visa status and consultation with a licensed immigration attorney is strongly recommended.
Time Limits
The duration of one’s stay in B-1 or B-2 status is stamped onto the most recent I-94 Departure Record. This document is received either upon entry to the U.S. in B-1 or B-2 status or is attached to the most recent I-797 Notice of Action granting a change of status or extension of status as issued by the USCIS—whichever I-94 is issued later in time. Some Embassies and Consulates issue multiple-entry B1/B2 visas that are valid for up to ten years. However, this does not mean that the visa holder is permitted to stay in the U.S. for ten years. The expiration date on the visa indicates until only the date until which the visa holder may enter the U.S.. In contrast, the date on the I-94 card indicates the date until which the bearer may remain in the U.S. on that specific visit.
Employment
B1/B2 nonimmigrant status does not confer work authorization. B-1 visa holders may only accept payment by foreign employers, except under very limited circumstances. B-2 visa holders are not permitted to earn wages or any contractual payment from a U.S. source.
The Visa Waiver Program is available to foreign nationals from certain eligible countries who wish to enter the U.S. temporarily for pleasure. Eligible foreign nationals may travel to visit the U.S. for pleasure without obtaining a Department of State (or consulate) issued-visa using the Visa Waiver Program. Currently, twenty-eight countries participate in the Visa Waiver Program: Andorra, Australia, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay.
Application Procedures and Restrictions
Eligible foreign nationals may enter the U.S. on the Visa Waiver Program or “holiday visa” simply by presenting a valid passport from an eligible visa waiver country. Foreign nationals from eligible countries may not, however, use the visa waiver program if they have ever been convicted of a crime, remained in the U.S. beyond the expiration of their legal status, been denied entry into the U.S., or been denied a U.S. visa. Moreover, visitors entering the U.S. on the Visa Waiver Program are not authorized to work or study while in the U.S.
Time Limits
Visitors entering on the Visa Waiver Program are permitted entry for no longer than ninety days and they are not eligible to apply with the CIS to extend or change their status to another nonimmigrant visa classification.
For the latest info on the Visa Waiver Program and a list of participating countries, please visit the Department of State website here. (http://travel.state.gov/visa/temp/without/without_1990.html)
E-1 visa classification is available to treaty traders and their employees who wish to enter the U.S. temporarily to carry on substantial trade between the U.S. and their home country, if their country of citizenship has a treaty with the U.S. that allows for the issuance of such visas.
The following countries are eligible for both E-1 and E-2 visas unless indicated by an asterisk:
* Indicates country is eligible only for E-1 visa.
** Indicates country is eligible only for E-2 visa.
Requirements
E-1 classification requires that the foreign national be the citizen of a country with which the U.S. has a commercial treaty and that he or she is coming to the U.S. solely to engage in trade of a substantial nature principally between the U.S. and the foreign national's country of nationality. Additionally, the trade involved must be classifiable as “international exchange” of items of trade between the U.S. and a treaty country. Specifically, successfully negotiated contracts binding on all parties must be established and the title to the trade item must pass from one treaty party to the other.
Application Procedures
This classification does not require an approved petition for employment for foreign nationals applying outside of the U.S. If the applicant is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the applicant is inside the U.S. and wishes to change to or extend his or her E-1 nonimmigrant visa status, he or she must apply for approval from the USCIS.
Time Limits
A foreign national may be initially admitted to the U.S. or granted a change of status to E-1 visa classification for up to two years with the option to extend in two-year increments by filing a timely petition for extension of stay with the USCIS. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in E-1status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S. in the FAQ section for more details.)
Employment
E-1 nonimmigrant status is a work authorized status pursuant to the terms and conditions upon which E-1 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently. Please click here for information on employment immigration.
Dual Intent
An E-1 nonimmigrant visa holder may simultaneously pursue permanent residency without negatively impacting his or her continued eligibility for E-1 nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for E-1 status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including E-1.
Dependents
The spouse and minor children of E-1 visa holders may apply for derivative E-4 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). E-4 status is conditioned on maintenance of valid E-1 status by the principal visa holder and dependent eligibility, and does not confer work authorization.
E-2 visa classification is available foreign investors who invest in a substantial amount of capital in a U.S. enterprise, and who wish to enter the U.S. temporarily to develop and direct the enterprise into which they have invested, if their country of citizenship has a treaty with the U.S. that allows for the issuance of such visas.
For a list of treaty trader eligible countries, click here.
Application Procedures
This classification does not require an approved petition for employment for foreign nationals applying outside of the U.S. If the applicant is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the applicant is inside the U.S. and wishes to change to or extend his or her E-2 nonimmigrant visa status, he or she must apply for approval from the USCIS.
Time Limits
A foreign national may be initially admitted to the U.S. or granted a change of status to E-2 visa classification for up to two years with the option to extend in two-year increments by filing a timely petition for extension of stay with the USCIS. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in E-2 status is governed by the expiration date indicated on the most recently issued I-94 card except, in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S. in the FAQ section for more details.)
Employment
E-2 nonimmigrant status is a work authorized status pursuant to the terms and conditions upon which E-2 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently. Please click here for information on employment immigration.
Dual Intent
An E-2 nonimmigrant visa holder may simultaneously pursue permanent residency without negatively impacting his or her continued eligibility for E-2 nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for E-2 status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including E-2.
Dependents
The spouse and minor children of E-2 visa holders may apply for derivative E-4 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). E-4 status is conditioned on maintenance of valid E-2 status by the principal visa holder and dependent eligibility, and does not confer work authorization.
F-1 visa classification is available to foreign nationals who wish to enter the U.S. temporarily to study at accredited academic institutions, and for whom the proposed course of study qualifies as a full-time study. The requisite course load for full-time study varies depending on the level of study sought and the credit allotment or term division system utilized by the respective academic institution or English language program at which study is sought.
Application Procedures
This classification does not require an approved petition for study by foreign nationals applying outside of the U.S., but does require a SEVIS certified Form I-20 issued by the academic institution at which the foreign student intends to study. If the foreign student is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the foreign student is inside the U.S. and wishes to change to or extend his or her F-1 nonimmigrant visa status, he or she must apply for approval from the USCIS.
Time Limits
A foreign student is admitted to the U.S. or granted a change of status to F-1 for a time period related to the normal length of study required for the intended academic or Language immersion program, and is indicated on the I-94 card as D/S or “Duration of Status.” The status expiration date is governed by the program end date as indicated on the underlying Form I-20 and/or any subsequent I-20s issued to the student in accordance with SEVIS transfer or program extension provisions, subject to a conditional sixty-day grace period.
With the exception of unusual circumstances (including failure of the student to maintain valid F-1 status), extension of a foreign student’s program of study does not require filing a request for extension of stay with the USCIS, but rather can be attained through the International Student Office of the academic institution issuing the I-20.
Please note: rules governing maintenance of valid F-1 status and related timing and unlawful presence matters are extremely strict and at times complex. It is absolutely essential that F-1 students remain in close contact with, and comply with all instructions provided by, the International Student Office at their respective school or institution. Prompt consultation with a licensed immigration attorney is strongly recommended in situations where the terms of valid F-1 status may be compromised or violated, including but not limited to cases requiring reinstatement.
Note: Embassies and Consulates are not able to issue student visas more than 90 days in advance of the course of study registration date. Also, new students will not be admitted to the U.S. on an F-1 visa more than 30 days in advance of the course of study start date as shown on the SEVIS-certified Form I-20.
Restrictions and Potential Problems Regarding Change of Status to F-1
There are important timing issues governing applications for change of status to F-1 visa classification that impact eligibility. If you are in the U.S. in a nonimmigrant visa classification other than F-1 and wish to apply for a change of status to F-1 visa classification, consultation with a licensed immigration attorney is strongly recommended.
An applicant who is present in the U.S. in another valid nonimmigrant classification, and who is applying for a change of status to F-1 visa classification through the USCIS, is not authorized to begin his or her studies until the change of nonimmigrant status is approved.
Note: Failure to maintain contact with the International Student Office during the period in which your application for change of status is pending with the CIS may result in your record being terminated from the SEVIS system and accordingly may require reinstatement.
Employment
F-1 nonimmigrant status is not a work authorized status subject to limited exceptions requiring approval by the International Student Office including on-campus employment, hardship, curricular practical training (CPT), and optional practical training (OPT).
Dependents
The spouse and minor children of F-1 visa holders may apply for derivative F-2 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). F-2 status is conditioned on maintenance of valid F-1 status by the principal visa holder and dependent eligibility, and does not confer work authorization.
H-1B visa classification is available to foreign nationals who wish to enter the U.S. temporarily to work for U.S. employers in a specialty occupation. A specialty occupation is defined as an occupation that requires highly specialized knowledge and a minimum of a U.S. or U.S. equivalent bachelor's degree in a related field of study. (In certain cases, documented work experience may be factored into an equivalency finding in lieu of a bachelor's degree.)
Common specialty occupations include, but are not limited to those professional positions found in the fields of: accounting, architecture, business specialties, computer specialties, engineering, education, law, mathematics, medicine and health, physical sciences, social sciences, and theology. Other professions may also qualify as specialty occupations.
Requirements
H-1B classification requires a sponsoring U.S. employer offering a qualifying specialty occupation position for which the foreign worker is qualified and for which the respective Department of Labor prevailing wage will be paid.
Application Procedures
This classification does require an approved petition for employment. Prior to the foreign worker applying for an H-1B visa, the U.S. employer must obtain labor condition application certification from the USDOL and petition approval from the USCIS. If the foreign worker is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the foreign worker is inside the U.S. and wishes to change to or extend his or her H-1B nonimmigrant visa status, his or her authorized employer must apply for approval from the USCIS in connection with the underlying petition for employment.
H-1B Numerical Cap
Under current law, the number of foreign workers seeking H-1B classification on an annual basis far exceeds the number of H-1B visas available. Accordingly, the annual allotment of H-1B visas tends to be exhausted early in the year, months before such classification and/or visas become valid. This results not only in the problem of a number of qualified beneficiaries being precluded from eligibility to apply for H-1B status each year, but also in the problem of “cap gap”—a time period during which persons seeking and approved for H-1B status face a break in status and/or work authorization, and ineligibility to be granted a change of status within the U.S.
There are a number of strategies available to address such cap-related problems, and consultation with a licensed immigration attorney is highly recommended.
Time Limits
Temporary specialty occupation workers may be initially admitted to the U.S. or granted a change of status to H-1B visa classification for up to three years with the option to extend for a total of six years by filing a timely petition for extension of stay with the US CIS. After six years in H nonimmigrant visa status (calculated to include any time spent in L status), the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. However, if the foreign worker is the beneficiary of a Labor Certification Application and/or I-140 petition which was filed more than 365 days as of the expiration of the allowable six-year period, he or she may be eligible for a one-year or three-year extension beyond the six year limit, subject to eligibility requirements.
As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in H-1B status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S. in the FAQ section for more details.)
Employment
H-1B nonimmigrant status is an employer-specific work authorized status pursuant to the terms and conditions upon which H-1B status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently. Please click here for information on employment immigration.
Dual Intent
An H-1B nonimmigrant visa worker may simultaneously pursue permanent residency without negatively impacting his or her continued eligibility for H-1B nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for H-1B status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including H-1B.
Dependents
The spouse and minor children of H-1B visa holders may apply for derivative H-4 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). H-4 status is conditioned on maintenance of valid H-1B status by the principal visa holder and dependent eligibility, and does not confer employment authorization.
J-1 visa classification is available to foreign nationals who wish to enter the U.S. temporarily to participate in an exchange visitor program designed to promote the interchange of persons, knowledge, and skills in the fields of arts, business, education, and sciences. Participants include a variety of fields and J-1 program classifications including, but not limited to the following: trainees in professional, business, industrial and/or medical and allied fields; students, teachers and professors and research scholars; nonacademic specialists, international and government visitors, camp counselors and au pairs.
Requirements
Depending on the J-1 classification sought, a range of scholastic preparation, funding, and eligibility requirements apply. The J-1 exchange program is overseen by the U.S. Department of State (US DOS) and often involves sponsorship by both a host organization and DOS authorized sponsoring agency. Similar to F-1 students, J-1 exchange visitors are subject to strict nonimmigrant intent, home tie, fund sufficiency, health insurance and English proficiency requirements.
J-1 nonimmigrant visa applicants must demonstrate to the consular officer that they have binding ties to a residence in a foreign country, which they have no intention of abandoning, and that they are coming to the U.S. for a temporary period. In some cases, J visa holders may be required to return to their home country for a minimum period of two years before returning to the U.S. See Two Year Home Residency Requirement section below.
Application Procedures
This classification does not require an approved petition for participation in a cultural exchange program by foreign nationals applying outside of the U.S., but does require an approved sponsor certified Form DS-2019 issued by the Department of State authorized organization through which the foreign national is being sponsored. The nature of the sponsoring organization will depend upon the classification in which J-1 status is sought. If the applicant is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the applicant is inside the U.S. and wishes to change to J-1 nonimmigrant visa status, he or she must apply for approval from the USCIS.
Time Limits
A cultural exchange visitor is admitted to the U.S. or granted a change of status to J-1 for a time period that is in accordance with the sponsoring program, the length of which will depend substantially upon the classification in which J-1 status is sought, and is indicated on the I-94 card as D/S or “Duration of Status.” The status expiration date is governed by the program end date, as indicated on the underlying Form DS-2019 and/or any subsequent DS-2019s issued to the exchange visitor in accordance with regulatory classification limitations and SEVIS provisions, subject to a conditional thirty-day grace period. Extensions of stay in J-1 status are subject to strict limitations.
J-1 category–specific time limits include, but are not limited to the following:
Business and Industrial trainees – 18 months;
Professors and scholars – 5 years (limited exceptions);
Short Term Scholars – 6 months;
Nonacademic Specialists – 1 year;
Summer work/travel – 4 months.
Dependents
The spouse and minor children of J-1 visa holders may apply for derivative J-2 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). J-2 status is conditioned on maintenance of valid J-1 status by the principal visa holder and dependent eligibility, and is subject to 212(e) requirements in cases where the principal visa holder is 212(e)-subject. Unlike most dependent nonimmigrant visa classifications, J-2 is a work authorized visa classification. However, such work authorization is subject to restrictions and requires application to the U.S. Citizenship and Immigration Services (USCIS) for authorization to accept employment in the U.S.
Two Year Home Residency Requirement or 212(e) subjectivity
In some cases, cultural exchange visitors are subject to a two-year home residency requirement as a condition of J-1 status under INA §212(e). Such subjectivity will be indicated in the bottom left hand corner of the visa or I-797 approval notice granting J-1 status. The two-year home residency requirement primarily applies when a J-1 cultural exchange visitor either trains in a field in which the home country seeks trained individuals, as governed by the Department of State Skills List, or receives full or partial funding from a U.S. or home government source.
Click here to view the list of countries and skill sets which fall under the two-year requirement. (http://travel.state.gov/visa/temp/info/info_1296.html)
In cases where the J-1 visa holder is subject to the two-year home residency requirement, whether on the basis of the skills list or funding sources, he or she must return to his or her home country upon the conclusion of his or her authorized stay in J-1 status for a period of at least two years before he or she will be eligible to reenter the U.S. in nonimmigrant or immigrant status. Please note: if the J-1 principal visa holder is subject to the two-year home residency requirement, any accompanying J-2 dependents are likewise subject.
In cases where the two-year home residency requirement precludes filing a request for either a change of status to another nonimmigrant classification, or an adjustment of status to permanent resident status, a waiver of the two-year home residency requirement may be sought on the basis of: no objection by the home government, exceptional hardship to a qualifying relative, or home country persecution.
K-1 visa classification is available to any foreign national who is engaged to marry a U.S. citizen. The visa, as issued by the consulate abroad, may be used to enter the U.S. for the purpose of marrying a U.S. citizen within a very strict ninety-day window following entry. Within that 90-day period, the U.S. citizen and the foreign national must be married, after which the foreign national spouse may apply for permanent resident status in the U.S..
Requirements
Both the American citizen petitioner and foreign born fiancé must be legally able and willing to conclude a valid marriage in the U.S. within ninety days of entry. The petitioner and beneficiary must meet standards for establishing a bona fide intention to marry including, but not limited to, documentation of a preexisting relationship, physical meeting. These eligibility requirements are subject to limited exceptions.
As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé(e). If found eligible, a visa will be issued, valid for one entry during a period of six months.
Application Procedures
This classification does require an approved petition for K-1 classification. Prior to the foreign national applying for a K-1 visa, the U.S. citizen fiancé must apply for K-1 petition approval from the USCIS. Upon approval, the foreign fiancé(e) must apply directly at the nearest U.S. Embassy or Consulate within four months of the date of petition approval, or seek revalidation by the consular officer.
Time Limits
K-1 visas are valid for one entry during a period of six months following the date of issuance, and allow the bearer to stay in the U.S. for up to ninety days. Within ninety days of arrival in the U.S., the U.S. citizen and foreign national must marry. In order to stay in the U.S. after marriage, the foreign national spouse must then apply for permanent resident status. Please note: failure to marry within the 90 day window following entry on a K-1 visa has very grave immigration consequences. If you cannot comply with the ninety day requirement, it is strongly recommended that you consult with a licensed immigration attorney.
Employment
K-1 visa classification is a work authorized status upon entry and does not require additional application to the USCIS.
Important Reminder
Each American Embassy and Consulate has different visa application procedures and requirements. It is essential to check with the individual Embassy or Consulate at which you intend to apply.
Applicants should be aware that approval by the Citizenship and Immigration Service or sponsoring entity does not guarantee issuance of a visa. The consular officer, under the authority of the Department of State, may deny the visa. Moreover, issuance of a visa does not guarantee entry into the U.S.. At the Port of Entry (POE), an immigration inspector must authorize the traveler's admission to the U.S., and such inspector has the authority to deny admission in accordance with U.S. immigration laws and regulations.
L-1 Intra-company Transferee
Overview
L-1 visa classification is available to foreign workers who work for multinational companies doing business in the U.S., and who wish to temporarily enter the U.S. to perform services either in a managerial or executive capacity (L-1A) or services that require specialized knowledge (L-1B) for a U.S.-based parent, branch, subsidiary or affiliate of the same company that employed the foreign worker abroad.
Requirements
L-1 classification requires that the employee have been employed abroad for the foreign corporation, firm, or other legal entity (or a foreign affiliate or subsidiary of a U.S.-based company) on a full-time basis for at least one continuous year out of the previous three years (subject to reduced minimum requirements in cases of blanket petitions). In addition, the U.S. based-petitioner must demonstrate a qualifying relationship with the entity abroad, the proffered position must qualify as one of an executive or managerial nature or one that requires specialized knowledge, and the beneficiary must be shown to possess the qualifications for the qualifying position offered.
Additional petitioner eligibility requirements exist in cases where the U.S. work-site in question is new, including a showing: that sufficient premises to house the new office have been secured, that the new work-site will have a qualifying relationship to the foreign employer, and that the new work-site will be able to support the executive or managerial position within one year of the approval of the petition. (L-1A visas only).
Application Procedures
This classification does require an approved petition for employment. Prior to the foreign worker applying for an L-1 visa, the U.S. employer must obtain petition approval from the US CIS. If the intra-company transferee is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the intra-company transferee is inside the U.S. and wishes to extend his or her L-1 nonimmigrant visa status, his or her authorized employer must apply for approval from the US CIS in connection with the underlying petition for employment.
High volume or high gross annual income employers who regularly file L-1nonimmigrant visa petitions may wish to consider filing for a blanket L petition. This simplifies the process of approving and admitting additional individual L-1A and L-1B workers.
Time Limits
Temporary intra-company transferees may be initially admitted to the U.S. in L-1 visa status for up to three years with the option to extend for a total of seven years (L-1A) or five years (L-1B) by filing a timely petition for extension of stay with the US CIS. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in L-1 status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S.? in the FAQ section for more details.)
Employment
L-1A and L-1B nonimmigrant status is an employer-specific work authorized status pursuant to the terms and conditions upon which L-1 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently. Please click here for information on employment immigration.
Dual Intent
An L-1 nonimmigrant visa worker may simultaneously pursue permanent residency without negatively impacting his or her continued eligibility for L-1 nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for L-1 status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including L-1.
Dependents
The spouse and minor children of L-1 visa holders may apply for derivative L-2 visa classification in order to accompany or follow to join the principal visa holder (at the consulate). L-2 status is conditioned on maintenance of valid L-1 status by the principal visa holder and dependent eligibility, and unlike most dependent nonimmigrant visa classifications, L-2 is a work authorized visa classification. However, such work authorization is subject to restrictions and requires application to the U.S. Citizenship and Immigration Services (USCIS) for authorization to accept employment in the U.S.
O-1 visa classification is available to foreign nationals of extraordinary ability in the sciences, arts, education, business, athletics or motion picture and television production who wish to temporarily enter the U.S. for continuing work in their field of extraordinary ability. Visa classification is also available for necessary support personnel in qualifying circumstances.
Requirements
O-1 classification requires that the foreign national must be coming to the U.S. to work in his or her area of extraordinary ability or achievement, that he or she enjoys sustained national or international acclaim, and that an advisory statement from a U.S. peer group or labor organization in the foreign national’s area of expertise confirming that such organization does not object to the foreign national’s classification as an O-1 temporary worker.
Application Procedures
This classification does require an approved petition for employment. Prior to the foreign national of extraordinary ability applying for an O-1 visa, the U.S. employer must obtain petition approval from the USCIS. If the foreign national of extraordinary ability is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the foreign national of extraordinary ability is inside the U.S. and wishes to change to or extend his or her O-1 nonimmigrant visa status, his or her authorized employer must apply for approval from the USCIS in connection with the underlying petition for employment.
Time Limits
A foreign national may be initially admitted to the U.S. or granted a change of status to O-1 visa classification for up to three years with the option to extend for one year at a time by filing a timely petition for extension of stay with the USCIS. There is no overall time limit applied to O-1 visas. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in O-1 status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S.? in the FAQ section for more details.)
Employment
O-1 nonimmigrant status is an employer-specific work authorized status pursuant to the terms and conditions of the approved petition on which O-1 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently or based on extraordinary ability without the need for a job offer. Please click here for information on employment immigration.
Dual Intent
An O-1 nonimmigrant visa holder may simultaneously pursue permanent residency without affecting negatively impacting his or her continued eligibility for O-1 nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for O-1 status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including O-1.
Dependents
The spouse and minor children of O-1 visa holders may apply for derivative O-3 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). O-3 status is conditioned on maintenance of valid O-1 status by the principal visa holder and dependent eligibility, and does not confer employment authorization.
P-1 visa classification is available to foreign nationals who wish to come to the U.S. temporarily to: 1) perform as an athlete, individually or as part of a group or team, at an internationally recognized level of performance; or 2) perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. Please note: solo musicians or singers are not eligible for P visas; they must apply for O-1 visas.
Requirements
P-1 athlete classification requires that the foreign athlete or team be internationally recognized, and be coming to the U.S. to compete in athletic competitions which have distinguished reputations and which require participation by athletes or teams with international reputations. P-1 entertainment group classification requires that the foreign group have enjoyed international recognition for sustained and substantial period of time, and that 75% of the group members have had sustained and substantial relationship with the group for at least one year. In addition, an advisory statement from a U.S. peer group or labor organization in the respective area of international renown, confirming that such organization does not object to the P-1 classification.
Application Procedures
This classification does require an approved petition for employment. Prior to the foreign athlete or group entertainer applying for a P-1 visa, the U.S. employer or agent must obtain petition approval from the USCIS. If the foreign athlete or group entertainer is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.) If the foreign athlete or group entertainer is inside the U.S. and wishes to change to or extend his, her or their P-1 nonimmigrant visa status, a petition and request to extend the P-1 status must be made to the USCIS in connection with the underlying petition for employment.
Time Limits
Individual athletes may be initially admitted to the U.S. or granted a change of status to P-1 visa classification for up to five years with the option to extend for a total of ten years by filing a timely petition for extension of stay with the USCIS. Athletic groups and entertainment groups may be initially admitted to the U.S. in P-1 visa classification for increments of 1 year at a time. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in P-1 status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S.? in the FAQ section for more details.)
Employment
P-1 nonimmigrant status is an employer or agent-specific work authorized status pursuant to the terms and conditions of the approved petition on which P-1 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency based on extraordinary ability. Please click here for information on employment immigration.
Dual Intent
An P-1 nonimmigrant visa holder may simultaneously pursue permanent residency without negatively impacting his or her continued eligibility for P-1 nonimmigrant visa status. Accordingly, the filing of a labor certification application, I-140 immigrant visa petition or I-485 adjustment of status application is not a basis for denying a change of status to, extension of stay in, or visa for P-1 status. This protective concept is known as the "dual intent doctrine" and is recognized under immigration laws for several nonimmigrant visa classifications, including P-1.
Dependents
The spouse and minor children of P-1 visa holders may apply for derivative P-4 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). P-4 status is conditioned on maintenance of valid P-1 status by the principal visa holder and dependent eligibility, and does not confer employment authorization.
R-1 visa classification is available for foreign religious workers who wish to enter the U.S. temporarily to work in for a qualifying religious organization as a minister, professional or other religious worker.
Requirements
R-1 classification requires that the petitioner be a bona fide religious organization, that the position qualify as a ministerial, professional or “traditional religious” occupation, or that it fall under a recognized religious vocational classification, that the beneficiary have been a member of the religious organization for at least two years prior to the filing application for R-1 classification, and that the beneficiary be entering the U.S. for activities related to the religious organization.
Application Procedures
This classification does not require an approved petition for employment for foreign nationals applying outside of the U.S. If the foreign religious worker is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate. (Please note: in some cases, the applicant must apply at a U.S. Embassy or Consulate in his or her home country. See the Visa Issuance section for more details.)
If the foreign religious worker is inside the U.S. and wishes to change to or extend his or her R-1 nonimmigrant visa status, his or her authorized employer must petition for approval from the USCIS in connection with the underlying petition for employment.
Time Limits
A foreign national may be initially admitted to the U.S. or granted a change of status to R-1 visa classification for up to three years with the option to extend for a total of five years by filing a timely petition for extension of stay with the USCIS. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in R-1status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S.? in the FAQ section for more details.)
Employment
R-1 nonimmigrant status is an employer-specific work authorized status pursuant to the terms and conditions of the approved petition on which P-1 status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently. Please click here for information on employment immigration.
Please note: depending on the religious worker classification sought, the sponsoring denomination’s particular religious training requirements and time frames for admission or vows, and the beneficiary’s relative progress toward admission or vows at the time he or she first enters R-1 status, an R-1 visa holders may face extremely difficult timing issues when it comes to applying for permanent residency as a special immigrant religious worker. Accordingly, consultation with a licensed immigration attorney is strongly recommended prior to seeking R-1 status, or as early in one’s R-1 status as possible.
Dependents
The spouse and minor children of R-1 visa holders may apply for derivative R-2 visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). R-2 status is conditioned on maintenance of valid R-1 status by the principal visa holder and dependent eligibility, and does not confer employment authorization.
TN visa classification is available to certain Canadian and Mexican nationals who are qualified to work as a professional as defined by the the 1994 North American Free Trade Agreement ("NAFTA").
Requirements
TN classification requires that the proffered position be classifiable as a profession enumerated in the NAFTA index, and that the beneficiary possess the credentials required for the position.
For an updated list of the TN Treaty NAFTA professions, click here.
Application Procedures
This classification does not require an approved petition for employment for foreign nationals applying outside of the U.S. If a Canadian applicant is outside of the U.S., he or she may apply directly to a Class A port of entry or at a pre-clearance station. If a Mexican applicant is outside of the U.S., he or she must apply directly at the nearest U.S. Embassy or Consulate.
If the Canadian or Mexican professional is inside the U.S. and wishes to change to or extend his or her TN nonimmigrant visa status, his or her authorized employer must petition for approval from the USCIS in connection with the underlying petition for employment.
Time Limits
A Canadian or Mexican national may be initially admitted to the U.S. or granted a change of status to TN visa classification for up to one year with the option to extend for one year at a time by filing a timely petition for extension of stay with the USCIS. There is no overall time limit applied to TN visas. As is the case with all nonimmigrant visa classifications, the duration for which one is allowed to remain in the U.S. in O-1 status is governed by the expiration date indicated on the most recently issued I-94 card, except in cases where a non-frivolous extension of stay request has been timely filed. (See How do I know if I am lawfully present in the U.S.? in the FAQ section for more details.)
Employment
TN nonimmigrant status is an employer-specific work authorized status pursuant to the terms and conditions of the approved petition on which TN status was granted.
A foreign national on this visa may be eligible to apply for permanent residency if his/her employer requires his/her services permanently or based on extraordinary ability without the need for a job offer. Please click here for information on employment immigration.
Dependents
The spouse and minor children of TN visa holders may apply for derivative TD visa classification in order to accompany or follow to join the principal visa holder (at the consulate) or to remain in the U.S. with the principal visa holder (through a change of status application with the US CIS). TD status is conditioned on maintenance of valid TN status by the principal visa holder and dependent eligibility, and does not confer employment authorization.
