Miami Nonimmigrant Visas Attorney

Temporary Work Visas

H-1B – Professional/Specialty Occupations that require a minimum of a bachelor’s degree (or its equivalent) in a specific academic field.  Only 65,000

H-1B1 – Available for citizens of Chile or Singapore

H-2A – Agricultural services

H-2B – Nonagricultural services on a one-time, seasonal, peakload, or intermittent basis.

E-3 – Available for citizens of Australia.

TN – Available for citizens of Canada or Mexico

NOTE: Under current law, only 65,000 foreign nationals may be issued a visa or otherwise provided H-1B status each fiscal year.  The law exempts up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the H-1B cap. In addition, H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities are exempt from the H-1B cap.

Training Visa

H-3 – Trainee to receive training, other than graduate or medical education training, that is not available in the alien’s home country.  This classification is not intended for U.S. employment.  It is designed to provide the trainee with job-related training for work that will ultimately be performed outside the United States.

Student Visas

F-1 – Academic Student

M-1 – Vocational Student

J-1 – Exchange Visitor

Athlete and Entertainer Visas

P-1A – Individual or team athletes that internationally recognized

P-1B – Members of an entertainment group that are internationally recognized.

P-2 – Artists or entertainers who will perform under a reciprocal exchange program.

P-3 – Artists or entertainers who perform under a program that is culturally unique.

Intra-company Transferee Visas

L-1A – Executive or Managers

L-1B – Specialized knowledge employees

Extraordinary Ability Visas

O-1A – individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O-1B – Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

O-2 – Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity.  For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production.

Fiancé(e) of US citizen

K-1

K-2 – Unmarried children, under 21 years old, of a K-1 visa beneficiary

Temporary Visitors

B-1 – Visitor for business

B-2 – Visitors for pleasure

Religious Worker Visas

R-1 – Individual is coming to the United States temporarily to be employed at by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

Treaty Investor and Treaty Trader Visas

E-1 – Allows a citizen of a Treaty Country to work in the U.S. based on a business which he or she controls and which does “substantial trade” (i.e., international exchange of goods, services, and technology) with the Treaty Country.  More than 50% of the international trade involved must be between the U.S. and the Treaty Country.

E-2 – Allows a citizen of a Treaty Country to work in the U.S. based on a “substantial investment” in a business which he or she controls.

The E-1 and E-2 visa category also allows for the employment of essential employees, supervisors or executives, or individuals who possess highly specialized skills essential to the efficient operation of the U.S. business.  Ordinary skilled or unskilled workers do not qualify.  In addition, the employee must be a citizen of the Treaty Country.

Visas for Victims of Certain Criminal Activity

U – For crime victims who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.  Only 10,000 may be issued each fiscal year.

T – For victims of human trafficking who are willing to assist law enforcement in the investigation or prosecution of acts of trafficking.  Only 5,000 may be issued each fiscal year.

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