Temporary Visitors to the U.S.

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B-1

FAQ's

B-2

Tourist for pleasure granted B-2 visas, are used by a majority of the person coming to the U.S. each year. People with this classification of visa are usually admitted for a period of up to six months and may apply for extensions. However, the maximum limitation of stay for this visa category is one year.

When the tourist enters the U.S. a white piece of paper is stapled into the passport. This document is called an I-94. The date on the I-94 is what controls the period you are allowed to stay in the U.S. not the visa stamp obtained at the consulate. The visa stamp obtained at the consulate tells you what is the last day you may enter the U.S. with the visa. The date on the I-94 tells you how long you are authorized to stay in the U.S.

Before you are issued a tourist visa for pleasure you must satisfy the American consulate and the immigration official at the border that you are coming to the U.S. for a temporary visit for pleasure and that you have an un-abandoned foreign residence which you intend to return to at the end of the trip.

A tourist for pleasure cannot be employed in the United States.

C

Treaty traders are E-1 visas, Treaty investors are E-2 visas.

These two nonimmigrant visas are the closest thing to having a Green Card. Unlike most other nonimmigrant visas, treaty traders and investors do no have to retain a permanent residence abroad. There is also no limit on the duration of their stay as long as they maintain their status. The American consulate generally grants these visas for multiple periods of five years. Additionally employment by family members is not viewed as a violation of status.

This visa sounds ideal, however, the problem is that only nationals of countries having a "treaty of commerce and navigation" providing for nonimmigrant entries is in existence between the U.S. and the foreign country qualifies.

The "Treaty Trader" category is available to individuals from nations which have signed a treaty of trade and commerce with the United States. The Treaty Trader visa is available for an unlimited number of years and allows the spouse and minor dependents of the recipient to live and attend school in the United States. While many large corporations involved in import/export utilize the category, it is most frequently used by small to mid-size companies seeking a permanent trading presence in the United States.

Like the E-1, the E-2 "Treaty Investor" allows a foreign individual or corporation to invest actively in a U.S. business and remain in the U.S. while operating and managing it. Like the E-1, it has no limit on the number of years and does not require an un-abandoned foreign residence. The Treaty Investor visa is not limited to any particular type of business and it can include restaurants, manufacturing, and virtually any other type of activity permissible by law.

G-1 Visas: (1) Principal resident representative, family and staff (of any rank, including clerical and custodial employees, so long as they are assigned on a "resident basis."); (2) Foreign government has de jure recognition; (3) International organization listed (e.g., IMF, U.N., OAS, OAU); (4) Only subject to certain security grounds of inadmissibility; (5) G-1 to G-4 duration of status so long as U.S. DOS recognizes credentials.

G-2 Visas: (1) Other accredited representatives and immediate family; (2) Personnel of any rank or temporary delegation

G-3 Visas: (1) G-1/G-2 from government without de jure recognition from U.S.; (2) Nonmember country of international organization

G-4 Visas: (1) Officers & employees of international organization and immediate family; (2) special expeditious treatment to U.N. reps. because United States host country; (2) sons & daughters, widows and retirees in G-4 status can be special immigrants.

G-5 Visas: Attendants, servants, and personal employees of G-1 to G-4's.

Employment is generally not available but may be authorized for certain G categories.

The H Category is perhaps the most useful category for business employers. Within the H category, the most commonly used visa is the H-1B visa (specialty occupation). In order to qualify for an H-1B visa, an individual must show that he or she is a member of a specialty occupation.

To be considered a member of a specialty occupation, the individual must have obtained, through education and/or experience, the equivalent of at least a Baccalaureate Degree in a specific discipline. Additionally, the job offered in the U.S. must reasonably require such a Baccalaureate Degree to perform the job duties. Common examples of members of specialty occupations are architects, engineers, teachers, lawyers, mathematicians, graphic designers, etc.

The P visa category covers those entertainers and athletes who cannot qualify under the extraordinary ability standard of the O category. The category covers alien athletes who compete individually or as part of a team at an internationally recognized level and aliens who perform with or, are an integral and essential part of the performance of, an entertainment group that has received international recognition as "outstanding" for a "sustained and substantial period of time."

P-1: Internationally recognized athlete or member of internationally recognized entertainment group.
P-2:Artist or entertainer in a reciprocal exchange program.
P-3:Artist or entertainer in a culturally unique program.