A foreign national who intends to conduct business in the United States without receiving payment from a U.S. source may qualify for a business (B-1) visa. Foreign nationals from certain countries, however, may not need a visa if traveling for 90 or fewer days. Please refer to the topic entitled Visa Waiver Program to see whether you can travel without a visa. If you intend to work in the United States, you will need a visa specifically for that purpose. Please see the section entitled Temporary Employees.

The business visa may be appropriate for the following nationals:
+ Employees of a company who come to the United States to solicit sales, negotiate contracts, or take orders from established customers for work that will be performed in the company’s home country;
+ Employees of a company or office of a U.S. company who come to the United States to consult with U.S. business associates;
+ Business people attending professional conferences or conventions, or executive seminars in the United States;
+ Business people who come to the United States to undertake independent research, such as product or market research;
+ Investors coming to the United States to set up their investments; and
+ Physicians coming to observe new procedures and to consult. Physicians are not permitted to perform any patient care under B-1 status.

If your purpose in traveling to the United States is one of the above and you cannot use the Visa Waiver Program, you must obtain a business visa.

Please note that the length of the visa does not equate to a length of stay. When you enter the United States, you will be inspected by an officer of the U.S. Customs and Border Protection. He or she will determine the amount of time you will be permitted to remain in the U.S. Extensions of stay will be approved only for unexpected or compelling humanitarian reasons. In most cases, six months is the maximum extension period of stay for a traveler entering with a B visa.
Please refer to The Basics for more information on government agencies and issues of visa status in the U.S.

A domestic employee who plans to accompany a nonimmigrant visa holder on a temporary visit to the United States may apply for a B-1 visa. This category of personal or domestic employees includes—but is not limited to—housekeepers, nannies, cooks and chauffeurs.

A domestic employee of a nonimmigrant visa holder qualifies for a B-1 visa if:
+ The employer has a valid nonimmigrant (B, E, F, H, I, J, L, or TN) visa. The validity of the employee’s B-1 visa may not exceed the validity of the employer’s visa;
+ The employer normally works abroad;
+ The employer is returning to his home country after the trip to the U.S.;
+ The employer is the official sponsor of the employee in his home country and can submit supporting documentation;
+ The employee has been employed abroad by the employer for at least one year prior to the date of admission into the United States;
+ The employee has a residence abroad, which he or she has no intention of abandoning; and
+ The employer and employee have signed a written employment contract.

Further requirements may apply depending upon the status of the employer.

A domestic employee who plans to accompany a U.S. citizen on a temporary visit to the United States may also qualify for a B-1 visa.

A domestic employee of a U.S. citizen qualifies for a B-1 visa if:
+ The employer is traveling to the U.S. for fewer than four years;
+ The employer normally works abroad;
+ The employer is returning to his home country after the trip to the U.S.;
+ The employer is the official sponsor of the employee in his home country and can submit supporting documentation;
+ The employee has been employed abroad by the employer for at least six months prior to the date of admission into the United States;
+ The employee has a residence abroad, which he or she has no intention of abandoning; and
+ The employer and employee have signed a written employment contract.

A foreign national traveling to the United States for pleasure or medical treatment may apply for a tourist (B-2) visa. Foreign nationals from certain countries, however, may not need a visa if traveling for 90 or fewer days. Please refer to the topic entitled Visa Waiver Program to see whether you can travel without a visa.

A B-2 visa may be appropriate for the following activities:
+ Tourism;
+ Visiting friends and relatives;
+ Medical care;
+ Participation in conventions, conferences, or convocations of fraternal or social organizations; and
+ Participation by amateurs in musical or sporting events.

To obtain a B-2 visa, you must show that:
+ You have strong ties to a residence abroad, which you do not intend to abandon;
+ Your trip to the United States will be for a specific, limited period; and
+ You have sufficient funds to cover the expenses of the visit and return passage.

Please note that the length of the visa does not equate to a length of stay. When you enter the United States, you will be inspected by an officer of the U.S. Customs and Border Protection. He or she will determine the amount of time you will be permitted to remain in the U.S. Extensions of stay will be approved only for unexpected or compelling humanitarian reasons. In most cases, six months is the maximum extension period of stay for a traveler entering with a B visa.
Please refer to The Basics for more information on government agencies and issues of visa status in the U.S.

Under the Visa Waiver Program, a foreign national may travel to the United States for business or pleasure without a visa. The national must, however, have a valid passport and a return or an onward ticket. He may stay in the United States for ninety days or fewer, but, as an additional qualification, he cannot change his visa status.

The waiver program has been extended to include nationals of the following countries: Andorra, Australia, Austria, 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, and the United Kingdom.

A foreign national transiting through the United States to another country may also use the Visa Waiver Program. To enter the U.S. on the Visa Waiver Program, he must be:
+ A citizen of one of the countries named above;
+ Traveling on an unexpired, individual machine readable passport;
+ Traveling for business, pleasure or transit only;
+ Staying in the United States for ninety days or fewer.

A foreign national may also use a waiver to enter the United States by land from either Canada or Mexico. In such a case, upon entering at a port of entry he may be required to present proof of both financial solvency and a permanent residence abroad. There are no specific documents that must be presented to prove the aforementioned requirements.

Additionally, if a foreign national enters the United States by air or sea he is required to:
+ Hold a return or an onward ticket. If traveling on an electronic ticket, he must carry a copy of the itinerary to present to the immigration inspector. Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas;
+ Enter the United States aboard an air or sea carrier that has agreed to participate in the program; and
+ Be in possession of a completed form I-94W, obtainable from airline and shipping companies.

Important: Not all foreign nationals are eligible to enter the United States under the Visa Waiver Program. Such persons include:
+ Any foreign national who has been arrested (even if the arrest did not result in a criminal conviction);
+ Any foreign national with a criminal record (even if subject of a pardon, amnesty, or other act of clemency);
+ Any foreign national who suffers from a serious communicable illness;
+ Any foreign national who has been refused admission into, or has been deported from, the United States; and
+ Any foreign national who has previously overstayed on the Visa Waiver Program.

Refused a Visa: A traveler who has been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act is not prohibited from traveling without a visa under the Visa Waiver Program. It is likely, however, that an officer of the Department of Homeland Security will question him about the denial.

Passport Validity: If traveling under the Visa Waiver Program, the foreign national must have a valid passport. If the holder’s passport expires before ninety days pass, the holder must return to his home country upon the expiration of his passport.

Note: A passport holder from Andorra, Brunei, or San Marino must have a passport that is valid for at least six months after the holder’s date of departure from the United States, even if traveling without a visa under the Visa Waiver Program.

Important reminder: Foreign nationals who plan to study, work or remain more than ninety days in the United States cannot travel under the Visa Waiver Program. Such travelers need visas.

A foreign national intending to work temporarily in the United States must obtain a non-immigrant work visa. Any national entering the United States on a visitor or business visa, or under the Visa Waiver Program, is not permitted to work. Unlike some countries, the United States does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment from a U.S. employer.

The most common categories of non-immigrant work visas are listed below:
+ Temporary Work Visa (H) – A foreign national temporarily employed for prearranged professional or highly skilled work may obtain an H visa. H visas may also be issued to foreign nationals who are receiving training from an employer or are filling a temporary position for which there is a shortage of U.S. workers. The employment or training must be approved in advance by United States Citizenship and Immigration Services (USCIS) in the United States on the basis of an application filed by the prospective employer.
+ Intra-company Transferee Visa (L-1) – Multinational businesses may transfer persons with specialized knowledge and managerial and executive personnel to the United States under L-1 visas. Generally, the employer must first receive an approval from USCIS in the United States for the transfer of the employee before a visa application can be submitted.
+ Treaty Trader/Investor Visas (E -1 and E-2) – When a Treaty of Commerce and Navigation exists between the United States and a signatory country, a national of the signatory country may apply for admission to the United States under a Treaty Trader or a Treaty Investor visa. The national may be engaged in any of the following activities: carrying on substantial trade—including trade in services or technology—principally between the United States and the treaty country; developing and directing the operations of an enterprise in which the national has invested; or investing a substantial amount of capital in the United States.

O 1 Visa A foreign national with extraordinary ability in the sciences, arts, education, business, or athletics; or a foreign national who has demonstrated extraordinary achievement in motion picture and television production may apply for an O-1 visa. Only individuals qualify. In order for a group to qualify, each member must have extraordinary ability or demonstrate extraordinary achievement in the motion picture or television field. The visa is granted for a specific event such as a tour, lecture series, or project.

O 2 visa Any foreign national accompanying and assisting an O-1 national in an athletic or artistic performance may apply for an O-2 visa. The O-2 national must have an integral role in the performance and possess special skills and experience.

P 1 Visa P visas accommodate certain internationally recognized performing artists and athletes who cannot— or choose not to—apply for O status. P-1 visas are available to individual athletes, athletic teams, and entertainment groups. Individual entertainers do not qualify for the P-1 Visa. Personnel who provide essential support to a P-1 athlete, P-1 athletic team, or P-1 entertainment group are also eligible for P-1 status.

P 2 Visa P-2 visas accommodate artists or entertainers—both individuals and groups—involved in a temporary reciprocal exchange program between an organization or organizations in the United States and an organization or organizations in one or more foreign countries.

P 3 Visa P-3 visas accommodate artists or entertainers—both individuals and groups—who intend to perform, teach, or coach under a program that is culturally unique.

A foreign national who transits through the United States en route to some foreign destination must have a transit (C) visa. Also, certain captains and crew of private and commercial aircraft or sea vessels may qualify for a C visa. Foreign nationals from certain countries, however, may not need a visa if traveling for 90 or fewer days. Please refer to the topic entitled Visa Waiver Program to see whether you can travel without a visa.

Please note that the length of the visa does not equate to a length of stay. When you enter the United States, you will be inspected by an officer of the U.S. Customs and Border Protection. He or she will determine the amount of time you will be permitted to remain in the U.S. Please refer to The Basics for more information on government agencies and issues of visa status in the U.S.

A foreign national who plans to attend an academic institution such as a university, high school, or language school in the United States may apply for an F-1 visa. If a foreign national plans to attend a vocational or nonacademic institution, he or she should apply for an M-1 visa.

Schools, colleges, universities, and other institutions of learning must receive authorization from Immigration and Customs Enforcement (ICE) for permission to issue I-20 forms and to enroll foreign students. For assistance in SEVIS (Student and Exchange Visitor Information System) based applications and amendments, please contact a firm attorney.

To obtain a student visa, you must demonstrate:
+ Acceptance as a full-time student at a U.S. Government-approved institution, which will issue you an SEVIS (Student and Exchange Visitor Information System) compliant Form I-20.
+ Adequate academic preparation, as indicated by school transcripts, for the studies you plan to undertake.
+ Adequate English language skills. If your English language skills are inadequate, you must show evidence that the school will provide language training.
+ Sufficient funds for the first year, as evidenced by bank statements or other financial documents.
+ Strong ties to your home country and indications that you will leave the United States upon completion of your studies. These factors must be established to the satisfaction of the consular officer. Since cases will vary widely, there is no set list of what documents to submit.

A foreign national visiting the United States as part of an officially approved program sponsored by an educational or other nonprofit institution should apply for an exchange visitor (J-1) visa. Persons who qualify for the J-1 visa include post-graduate students, medical students coming to the United States as residents or interns, foreign scholars sponsored by universities as temporary faculty, and some business trainees. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students, and au-pair programs.

Sponsorship of training programs, internships, au pair programs, and formula exchange programs also requires SEVIS registration with the Department of State. Instead of issuing I-20 forms, however, the aforementioned programs issue DS-2019 forms. For assistance in SEVIS based applications and amendments, please contact a firm attorney.

To obtain an exchange visitor visa you must demonstrate:
+ Acceptance into a designated exchange visitor program, which will issue you an SEVIS (Student and Exchange Visitor Information System) compliant form DS-2019 "Certificate of Eligibility."
+ Sufficient funds to cover your expenses. If the sponsoring organization in the United States or in your country will pay your expenses, please bring a letter of support from it.
+ Adequate English language skills.
+ Strong ties to your home country and indications that you will leave the United States upon completion of your program. These factors must be established to the satisfaction of the consular officer. Since cases will vary widely, there is no set list of what documents to submit.

Important Notice: As a former exchange visitor, you may be subject to a two-year foreign residence requirement. Until you have resided in your home country for at least two years following the completion of your exchange visitor program, you may not be issued an immigrant, fiancé(e), temporary worker or intracompany transferee visa if one or more of the following conditions apply:
* The United States government or the government of your home country financed the program; or
+ The skills you acquired during the exchange program are on the U.S. Department of State’s Exchange Visitor Skills List. Each country has its own skills list; or
+ You are a physician who entered the United States for the purpose of receiving medical education or training.

Any foreign journalist or media representative who plans to engage in information media activities in the United States must obtain an I visa.

Journalists and media representatives include reporters, film crews, videotape editors, employees of independent production companies, free-lance journalists working under contract, and persons in similar occupations. Both print and film activities are included in this category; however, if you are going to shoot film or video, it must be of an informational or educational nature. An I visa cannot be used to film material that will be used primarily for commercial entertainment or advertising purposes. If you plan to work on a film that is primarily intended for entertainment or advertising, you must obtain a temporary worker visa. Please see the section entitled Temporary Employees.

The Q visa category accommodates applicants coming to the United States to participate in an international cultural exchange program designated by the Attorney General for the purpose of providing practical training, employment, and sharing of the history, culture, and traditions of the visitor’s country. Similar to the J visa, the Q visa is oriented more toward accommodating visitors involved in employment programs. The applicant's stay in the United States may be extended by the Immigration Service, but may not exceed 15 months from the date of approval.

To be eligible for a Q visa, the applicant must show that:
+ He has a residence abroad, which he does not intend to abandon;
+ He is at least 18 years old;
+ He is qualified to perform the service or labor or to receive the type of training specified in the petition;
+ He has the ability and English language skills to communicate effectively about the culture of his country to the American public; and
+ He has been outside the U.S. for the immediate prior year, if previously admitted as a Q nonimmigrant.

The applicant's employer must also show that he:
+ Maintains an established cultural exchange program, which is intended to enhance the recognition by the American public of unique aspects of the alien's home country;
+ Has designated a qualified employee for administering the program and serving as liaison with the U.S. Citizenship and Immigration Services (USCIS);
+ Has been doing business in the United States for the past two years;
+ Will offer the foreign national wages and working conditions comparable to those accorded domestic workers similarly employed;
+ Employs at least ten full-time U.S. workers;
+ Has the financial ability to pay the participants;
+ Is in compliance with the Immigration Service employer sanctions regulations; and
+ Is not using the cultural exchange program as a means to circumvent other immigration procedures.

The employer must also show that the cultural component of this program is an essential and integral part of the service performed or of the training received by the foreign participant.

Religious workers may apply for an R visa, which is normally valid for 3 years. Religious workers are defined as foreign nationals coming to the United States solely to work for a bona fide nonprofit religious organization or denomination.

You may qualify for this type of visa if the purpose of your trip is to work either in a ministerial position or, at the request of the organization or affiliated organization, in a religious vocation or occupation—whether in a professional capacity or not.

To qualify you must show that:
+ You are a member of a religious denomination. To be classified as a religious denomination, your organization must demonstrate that it has some form of ecclesiastical government, a recognized creed and form of worship, a formal code of doctrine and discipline, and regular religious services for congregations at established places of worship;
+ You have been a member of the religious denomination for two years immediately preceding admission;
+ The religious denomination is nonprofit or would qualify as nonprofit. A nonprofit organization is exempt from taxation under section 503(c) of the U.S. Internal Revenue Code;
+ You are coming to pursue a religious vocation or occupation. A religious vocation is defined as a calling to religious life, evidenced by the demonstration of a lifelong commitment as practiced in the religious denomination. Examples of persons with religious vocations include nuns, monks, and religious brothers and sisters. A religious occupation is defined as habitual engagement in an activity that relates to a traditional religious function. Examples of persons with religious occupations include religious instructors, workers in religious hospitals or health care facilities, missionaries, religious translators and broadcasters. This group does not include janitors, maintenance workers, clerks, fund raisers or others solely engaged in solicitation of donations or involved in similar occupations; and
+ You have sufficient funds to support yourself without recourse to employment other than the religious work for which the visa is granted.

A sponsoring employer in the U.S. must file the petition and demonstrate:
+ There are no workers in the U.S. who can perform the work; and
+ The applicant has the necessary training and experience.

Employment-based immigrant visas:
E 1 Priority workers
E 2 Professionals holding advanced degrees
E 3 Skilled workers
E 4 Certain special immigrants
E 5 Investors
S D / S R Certain religious workers and family

Please note: you must be 21-years-old or over to file an immigrant petition for a family member. Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration. There is an annual quota for visas in each of these categories.

F 1 The unmarried adult son or daughter of U.S. citizens
F 2 A The spouses and minor children (under the age of 21) of legal permanent residents
F 2 B Unmarried sons and daughters (over the age of 21) of legal permanent residents
F 3 Married sons and daughters of U.S. citizens
F 4 Siblings of U.S. citizens

The following family-based immigrant visas are intended for immediate relatives of a U.S. citizen and are not subject to annual quotas. Please note: you must be 21-years-old or over to file an immigrant visa petition for a family member. Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.

I R 1 / C R1 Spouses of U.S. citizens
I R 2 Minor children (under 21) of U.S. citizens
I R 3 Adoptive children of U.S. citizens
I R 4 Children to be adopted in the U.S. by U.S. citizens
I R 5 Parent of a U.S. citizen
I W Spouse of a Deceased United States Citizen
K 1 Fiance(e) of a U.S. citizen
K 3 Certain spouses and minor children of U.S. Citizens (Please see the section below entitled THE LIFE ACT)

Enacted in December of 2000, the Legal Immigration and Family Equity Act (“LIFE”) (14.R.5548 and H.R. 4577) created two new family-based visa categories: K-3 visas (spouse) and K-4 visas (minor children).

K 3 and K 4 visas are available to any U.S. citizen’s spouse and the spouse’s unmarried minor children who wish to enter the United States while awaiting processing of their “green card” petitions.

A K 3 visa applicant must demonstrate that:
+ His or her marriage to a U.S. citizen is valid;
+ He or she is the beneficiary of an immigrant visa petition;
+ He or she is the beneficiary of an approved nonimmigrant visa petition; and
+ He or she wishes to enter the United States to await the approval of the I-130 petition or the availability of an immigrant visa. The nonimmigrant visa petition must have been filed in the United States by the U.S. citizen spouse of the applicant.

To obtain K-4 status, an applicant must establish that he or she is the child (unmarried and under 21 years of age) of an alien entitled to K-3 classification.

The Department of State, as part of the congressionally mandated Diversity Immigrant Visa Program, issues 50,000 permanent resident visas every year for foreign nationals from countries with low rates of immigration to the United States (Diversity immigrants/DV immigrants).

A computer-generated lottery drawing randomly selects applicants for Diversity Visas. The visas, however, are distributed among six geographic regions. The majority of visas are issued to citizens of regions with substantially low rates of immigration to the U.S. No visas are issued to citizens of countries sending more than 50,000 immigrants to the U.S. within the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.