US VISA INFORMATION

The United States Immigration and Naturalization Service issues visas that permit foreign nationals to visit the USA, to work in the USA or to permanently reside in the USA. There are many different categories of visas. Each type has different requirements or restrictions and grants different privileges. Here is a brief description of the most common types of visas available.

Temporary stay (non-immigration) visas

Visitors (B1 or B2 visas) may be granted for short-term business or pleasure trips to the USA. Visitors from certain countries may be permitted to enter the US for up to 90 days without any visa. Generally, these visas do not allow the recipient to accept any employment in the USA and are valid for no more than one year.

Student (F1 visas) are granted to persons pursuing a full-course of study at a school in the USA. In some instances, they can permit limited employment or practical training in the USA but the holder is required to depart after completion of studies.

Exchange visitor (J1 visas) are available to persons coming to the USA through an approved exchange program. This includes students, job trainees, teachers, researchers, government visitors, camp counselors and au pairs. Generally, they permit the visitor to accept employment in the USA for up to one year.

Specialty Occupation (H1B visas) are granted to professionals in special occupations with at least a Bachelor's Degree or its equivalent in work experience. They permit the recipient to work in the USA for three years but may be renewed to a maximum of six years.

Intercompany transfer (L1 visas) are readily available to executives or managers of overseas corporations with offices in the USA. The visas are issued for one to three years with possible extensions up to seven years.

Treaty trader and treaty investor (E1 and E2 visas) are available to employees of trading companies from countries that have reciprocal trading treaties with the USA or to investors in such trading businesses. These visas can allow the holder to live in the USA indefinitely as long as the trade activity continues.

Entrepreneur (EB5 visa) is available to any foreign national willing to invest at least one million dollars in the establishment of a business in the USA that will employ at least 10 US workers. A variation is available to anyone willing to invest at least $500,000 in the creation of a business in an economically depressed region of the US. This visa is valid for two years but may be converted to a permanent resident visa.

Extraordinary ability workers (O1 visas), Artists and Athletes (P1, P2, P3 visas), Religious workers (R1 visas) are available to artists, athletes, entertainers, educators, scientists and religious workers.

Permanent (immigration) visas

There are many classifications of permanent residency visas. They are often referred to as "green cards" after the color of the identity card that was once issued to holders of this coveted status. It is generally difficult to obtain such a visa and may require many years of wait unless you possess some preferential status. Preferential status is conferred on the spouse or immediate family members of a US resident.

I will not offer any descriptions of these visas as the subject can be quite complicated and it bears little relevance to conducting business in the USA.

Further information:

All information about visas is subject to change as our government bureaucracy modifies its many complex rules and regulations, so you should not rely exclusively on the above information. I suggest you go to the US government Immigration and Naturalization web pages for complete and accurate information. If you have specific questions involving visa information, you can contact an immigration attorney.

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