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Non-Immigrant Visas Lawyers

Information About Non-Immigrant Visas

A non-immigrant is an individual who enters the U.S. for a temporary period to engage in a specific activity. There are a variety of non-immigrant visas, each type with certain rules, regulations, application processes, benefits and time limits. The most common types of non-immigrant visas include business visitors, tourists, students, and fiancés.

C-Visa: In Transit through U.S.

D-Visa: Visa Waiver Program, Crewmember

E-1 and E-2 Visa: Foreign Investor and Trader

This visa is for nationals from specified countries (including most of Europe, Scandinavia, Japan, Korea, Taiwan, some of the Americas, etc.) whose companies have made a “substantial” investment in the U.S. (E-2 Visa), or are regularly trading with the U.S. (E-1 Visa).

The individual E visa-holders must be among the company’s principal investors, managers or specialized employees.

Companies with E visa status range from small start-ups to large multinational corporations, but the investments should eventually create at least one job for a U.S. worker.

E visas can be extended indefinitely (as long as the investment or trading activity continues), and U.S. tax considerations cause some individuals to prefer the E visa over the green card.

H-1B Visa: Specialty Occupation Worker

Only U.S.-based companies may apply for this visa, on behalf of foreign nationals in most professional occupations, including engineers, computer scientists, financial analysts and others with a Bachelors Degree or its equivalent in work experience

The maximum length of stay in the U.S. is six years, during which time the visa-holder must get a new visa if s/he changes employers.

H1-B1 Visa

  • Specialty Occupation Visa, Singapore & Chile
  • 1,400 Chile
  • 5,400 Singapore

H-2B Visa

  • Temporary Agriculture Area

H-3 Visa

  • Non-Immigrant Trainee or Special Education
  • $190 filing fee

I Visa

  • Representative of Foreign Media

J-1 Visa: Exchange Visitors

This visa is for foreign nationals who have been accepted as participants in a broad range of work and/or study programs approved by the U.S. Information Agency.

Business and industrial trainees may be issued J-1 visas for a maximum of 18 months.

L-1 Intercompany Transfer

This visa is for executives, owners, managers or employees with “specialized knowledge” who have worked for at least one year out of the past three years for an overseas company.

The overseas company must have – or must form – a U.S. affiliate company, which submits the petition for this visa.

The maximum stay in the U.S. is 5-7 years, but L-1A visa holders (managers and executives) are usually eligible within one year for a “green card”.

M-1 Visa

  • Vocational Student
  • $160 filing fee

O-1 Visa: Person with Extraordinary Ability

To qualify for this visa, the applicant must meet at least three of several possible criteria enumerated by the INS (e.g., has made contributions or shown leadership within the field as documented in letters by colleagues or past/present employers, won honors or awards, published articles, etc.).

The O-1 visa leads readily to a “green card.”

P-1 Visa

  • Internationally Recognized Athlete
  • $190 Filing Fee

R-1 Visa

  • Temporary Religious Worker
  • $190 Filing Fee

TN Visa: Canadian or Mexican Professional Worker

This visa is only for Canadian citizens whose occupations appear on Schedule 2 of the North American Free Trade Agreement.

The employer must submit a supporting letter, along with the credentials specified in Schedule 2 for the occupation.

The visa is initially valid for one year, but can be renewed indefinitely.

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Rodriguez & Moretzsohn, P.L.L.C.

713 Ayers Street
Corpus Christi, TX 78404

Phone: (361) 883-8900
Toll Free: (866) 261-8980
Fax: (361) 883-6609
Emergencies: (956) 740-8472

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