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TEMPORARY VISAS

VISAS FOR INVESTORS
Investors Visas

Treaty Traders (E-1 Visas)

The E-1 treaty trader visa is a nonimmigrant visa which allows a national of a country with which the U.S. has a treaty, to enter to the U.S. and carry out substantial exchange of goods, services and technology that is international in scope.
Requirements:

1. Applicant must be a national of a treaty country;
2. The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;
3. The trade must be sufficient enough to ensure a continuous flow of international trade between the U.S. and the treaty country.
4. The trade must be principally between the U.S. and the treaty country (more than 50% of the international trade involved must be between the U.S. and the country of the applicant’s nationality).
5. The applicant must be employed in a supervisory or executive capacity.


Time of Admission: 2-year admission and extensions of stay up to 2 years at a time
Dependents: The spouse and unmarried children under 21 can accompany the E-1 principal, regardless of their nationality. The spouse of an E visa holder can get employment authorization. Children can attend school.
Treaty Investors (E-2 Visas)

The E-1 treaty trader visa is a nonimmigrant visa which allows a national of a country with which the U.S. has a treaty, to enter to the U.S. to develop and direct the operations of an enterprise in which the alien has invested a substantial amount of capital, or is actively in the process of investing.
Requirements:

1. The investor must be a national of a treaty country;
2. The investment must be substantial. This is dependent on the nature of the enterprise and the cost of the business. There is no a specific range by law;
3. The investment must be a real operating enterprise. Speculative investment or nonprofit institute are not considered commercial enterprises;
4. The investment must generate considerably more income than just to earn a living to the investor and family;
5. The investor must have control of the funds. Funds must be personal, although inherited funds may be invested.
6. The investor must be coming to the U.S. to develop and direct the enterprise.
Time of Admission: 2-year admission and extensions of stay up to 2 years at a time
Dependents: The spouse and unmarried children under 21 can accompany the E-1 principal, regardless of their nationality. The spouse of an E visa holder can get employment authorization. Children can attend school.

STUDENTS & TRAINEES
Visas for Students & Trainees

Students (F-1 Visas)

Applicant is seeking admission to the U.S. only as a full-time student of an approved educational institution.
Requirements:

1. Applicant must be admitted to an educational institution approved by Immigration and Customs Enforcement;
2. Applicant must show financial support to cover tuition and living expenses;
3. Applicant must be proficient in English or show that she/he will receive training to become proficient;
Generally, F-1 holders are not authorized to work. However, on-campus employment (limited to 20 hours per week during school) may be permitted.

Also, a student who is enrolled in a full-time academic study for a full academic year may seek Curricular Practical Training (CPT). In addition, international students may apply for Employment Authorization to complete an Optional Practical Training (OPT), generally after completion of his/her course of study.
Admission: F-1 students are allowed to remain in the U.S. for the duration of their course of study, as long as they keep a full course of study.
Dependents: Spouses and unmarried children of an F-1 can enter to the U.S. as F-2. Although F-2′s are not authorized to work, children may enroll in an elementary or secondary school. Spouses and children may engage in a vocational course of study.
Vocational Students (M-1 Visas)
This visa is similar to the F-1 visa, except that this is for a vocational or nonacademic institution. It can be extended up to 3 years. Spouses and unmarried children under 21 can obtain an M-2 visa to join you. They cannot obtain employment, but children may attend elementary or secondary school.

Exchange Visitors (J-1 Visas)

A J-1 visa is designed for an alien to come to the U.S. to participate in an exchange program approved by the Department of State in order to teach, study, receive training, or perform research.
Requirements:

1. Applicant must be one of the following: a professor or research scholar, intern or trainee, university student, teacher, secondary school student, alien physician, summer student in a travel/work program, au pair
2. Applicant must be fluent in English
3. Applicant must show that he/she has sufficient funds to cover the program and living expenses. However, funds may come from the sponsor or other source.
4. Applicant must maintain medical insurance for him/herself and family members.


Exchange visitors are entitled to receive payment for work that is part of the program. However, this is not a work visa.
Time limitation: Generally for 12 or 18 months, depending on the program.

Important: Exchange students are generally required to be out of the U.S. for 2 years after the program ends.

Dependents: spouse and unmarried children under 21 may enter with the exchange visitor with a J-2 visa. Spouse may seek employment authorization to assist the family’s recreation and cultural activities, not to support the J-1.

Trainees (H-3 Visas)

An H-3 is a visa given to a person who has been invited to the U.S. by an organization or an individual for the purpose of receiving training in a specific field other than graduate medical education. The training must be “designed primarily to provide productive employment.” Although this visa is not available for physicians, nurses and medical students can obtain an H-3 visa.

The petitioning organization must demonstrate:

1. That the proposed training is not available in the alien’s home country;
2. That the alien will not be placed in a position in which citizen and resident workers are regularly employed;
3. That the alien will not engage in a gainful employment, unless it is incidental to the training; and
4. That the training will benefit the alien in pursuing a career outside the U.S.


Period of Admission: An H-3 beneficiary is admitted for the duration of the training program, but never longer than 2 years.

Dependents: H-3 trainee’s spouses and unmarried children under the age of 21 are allowed to join them in the US under the H-4 status. Dependents are not permitted to work.

Nurses and Medical Students Trainees (H-3 Visas)

Medical students may qualify for an H-3 if attending residency or internship at the American Medical Association (AMA) or an American Osteopathic Association (AOA) hospital and will engage in externship during school vacation.

Nurses can apply for an H-3 if they have a license in the country where they received medical education, or if such education was in Canada or the U.S., and if the nurse is qualified under state law to receive the training.

Special Education Exchange Program (H-3 Visas)

Provides an exchange status to participants in a special education program which provides for practical training and experience in the education of children with physical, mental or emotional disabilities.

Requirements

1. Petition must be filed by facility that has professional, trained staff and a structured program for children that provides training and hands-on experience. Must have description of the training program.
2. Participant must be nearing completion of at least a bachelor’s degree or has extensive prior training or experience.
Duration: 18 months

Numerical limitation: 50 visas per year

BUSINESS VISITORS & TOURISTS

Business Visitors (B-1 Visas)

A B-1 Visa is available for a person with the intent to visit the U.S. temporarily to engage in a permitted business activity, such as negotiating contracts, consulting with business associates, litigating, participating in educational or professional conventions, conferences or seminars, attending meetings, among others.

Requirements:

1. Have enough funds for his/her stay in the U.S.
2. Sufficient ties to his/her home country.
3. The nature of the proposed business activity
4. The source of remuneration, which may not be from a U.S. source.
Workers who may qualify for a B-1 visa

1. Domestic personnel of U.S. citizen residing abroad
2. Domestic personnel of certain aliens in nonimmigrant status
3, Religious workers on tours or who will exchange pulpits with U.S. counterparts
4. Members of religious organizations to engage in missionary work
5. Members of charitable organizations
6. Professional athletes


Duration: The visa will be issued for a maximum of 10 years, but admission of a B-1 visitor to the U.S. may not exceed one year. A B visitor may apply for a six-month extension.

Business Visitors under NAFTA (B-1 Visas)

NAFTA expands the range of “permitted business activities” for Canadian and Mexican citizens who meet the requirements of a B-1 visa, to include research and design services, manufacture and production, marketing, sales, distribution, after-sales services.

Pleasure Visitors (B-2 Visas)

Applicant need to demonstrate:

1. The purpose of his/her trip is only pleasure
2. His/her stay is temporary
3. He/she has enough funds to cover his/her expenses in the U.S. and the persons accompanying him/her
4. He/she has sufficient social and economic ties in his/her home country
Visitor for medical treatment (B-2 Visas)

You can enter the U.S. to receive medical treatment if you meet the following requirements:

1. A diagnosis from a doctor about your medical condition. The doctor must explain why you must go to the U.S. for medical treatment.
2. A letter from a doctor or hospital in the United States, stating: Willingness to treat your medical condition;
the estimate of the costs of the treatment, including doctor’s fees, costs of hospitalization and other medical expenses and,
the estimate of the duration of the treatment.

3. Proof that you (or your sponsor) have sufficient funds to pay your travel and medical expenses in the United States.
Transit Visa (C Visas)

This kind of visa is granted to people that will enter the U.S. only in “continuous and immediate transit”. The most common example is a person who has a trip to another country with a stop in the U.S. To be eligible, you must demonstrate:

1. That you have the intent to pass in immediate and continuous transit through the United States.
2. That you have a ticket for your final destination.
3. That you have sufficient funds for the transit journey
4. Have permission to your final destination

FIANCÉ(E)S & SPOUSES

Fiancé(e) (K-1 Visa)

A K-1 visa is granted to a person who seeks entry to the U.S. to marry an American citizen. Marriage should take place within 30 days of admission. Parties must have previously met in person within two years of filing petition. Petition is valid for 4 months and there are not extensions of stay. Children under 21 may accompany the principal visa holder under a K-2 visa. After marriage, K-1 and K-2 visa holders may apply for permanent residence in the U.S. K-1 and K-2 are authorized to work.

Spouse of American Citizen (K-3 Visa)

A K-3 visa is granted to the spouse of an American citizen who seeks temporary entry to the U.S. while awaiting an immigrant visa. Admission is for 2 years and extensions can be granted if the immigrant visa has not been approved. Children under 21 may accompany the principal visa holder under a K-4 visa. K-3 and K-4 visa holders may apply for permanent residence in the U.S. K-3 and K-4 are authorized to work.