This visa is one of the most used visas in the world. It is known as the Visitor visa (B2) or the Temporary Business Visa (B1). If you want to come to the United States for vacation, or to visit family and friends, then this the the proper visa. 

The B1/B2 can also be used to negotiate various contracts to set up a business for several other types of business visas. 

Your status on this visa can be extended and/or changed to another type of status such as a Student Visa or another type of work visa.

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There are many countries in the world that do not require formal issuance of a visa to visit the United States. If you are from one of those countries, then you are eligible to come in on either the visa waiver for pleasure as a tourist (WT), or the visa waiver for business (WB). You can stay only 90 days once you enter the United States.

Once you get to the United States, you cannot change or adjust your status to any other type of visa. Therefore, you may want to consider other types of visa in order to remain in the United States for longer periods of time.

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The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.

If the alien is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment. This classification does not require a petition for employment if the alien is outside of the U.S. If outside of the U.S., the alien applies for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad.

Application Document Requirements The application must be filed with the appropriate fee payment, and evidence that:

• The applicant is a national of a country with whom the U.S. has the requisite treaty or agreement;
• The activity constitutes trade as defined at 214.2(e)(9);
• The trade is of a substantial nature, i.e. an amount of trade sufficient to ensure a continuous flow of trade items between the U.S. and the treaty country;
• The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the U.S. and treaty country when over 50% of the volume of international trade conducted by the alien treaty trader is between the U.S. and treaty country of which the alien is a national;
• If the applicant is not the principal trader, that the alien is employed in a supervisory or executive capacity, or possesses special qualifications that make the alien’s services essential to the successful and efficient operation of the enterprise.
• The applicant intends to depart the U.S. upon the expiration of E-1 status. (However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.)
• The employee has the same nationality as the principal alien employer; and
• The alien employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.

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This is the premier business Visa. If you are interested in starting your own business in the United States, you may qualify for the Treaty Investor Visa. People who want to come to the U.S. quickly and efficiently to start their own business, or to purchase an existing business can use this Visa. Numerous countries around the world have a treaty with the U.S., and it is people from these countries that can come to the U.S. on the E1 or E2 Visa.  This visa is for the entrepreneur.

The E1/E2 Visa is known as the Treaty Investor (E2) or Treaty-Trader (E1) Visa. If you want to set up a company to trade with your home country, then you may qualify as a treaty trader. This Visa does not need prior BCIS approval, and therefore, once it is properly prepared, it can be sent directly to the U.S. Consulate. This means when you and your family want to enter the U.S. rapidly to get the business operational or to do a 5 month transition of ownership, this is the perfect Visa.

There is no set minimum or maximum amount that must be invested. Our law firm will help you with the entire process. This visa can be approved in as fast as 1 to 2 months. All unmarried children under the age of 21 years and your spouse can come to the U.S. once you qualify. The children can go to school without any problems. 

Our firm will prepare the E1/E2 petition in an expert manner. Additionally, a complex and detailed Business Plan will be prepared. 

Finally, our firm offers an additional service. One of our immigration attorneys will accompany you to the U.S. Consulate to aid with the interview and ensure that the Consulate process goes smoothly and efficiently.

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This is the Student Visa. It allows you to come to the U.S. to study at a wide variety of educational institutions ranging from large Universities to community colleges to specialized institutions such as cooking schools. This visa can also be used for you to come to the U.S. to study English.

F-1 nonimmigrant student (F-1 student) means an alien who has an F-1 visa.  The Bureau of Citizenship and Immigration Services grants such a visa to an alien who has a residence in a foreign country which he/she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who entered the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him/her and approved by the Attorney General after consultation with the Department of Education of the United States. 

The Student Visa will last for as long as you are in school which depends upon the length of the course of study. Your spouse and unmarried children can come to the U.S. once your visa is approved. You can later change your status to allow you to work.

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If you have a college education and a sponsor in the United States, you may qualify for this visa. It can be approved in as fast as two to three months. This visa is usually issued for a period of three years. Should you decide to stay longer, it can be extended for another 3 years. There are a limited number of these visas per year, and therefore, if you have a sponsor, you should get started right away. 

If you later decide you want a green card, you can apply for 'Labor Certification' while you have your Specialty Occupation Visa. Your spouse and children can cofme to the U.S. once you are approved. Additionally, your children can go to school without any problem.

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This is a visa to meet temporary needs (H-2’s.) U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers. The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.

The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor’s Employment and Training Administration.

Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. A single petition may cover multiple workers if:

- they will perform the same services
-they will work in the same location
-they are included on the same labor certification and,
-they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.
-It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.

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This visa is for people who want to enter the United States to get trained for any number of different fields of endeavor. You do not go to a school on this type of visa, but rather, you get trained on the job at a company offering a training program.

Educational training is combined with on the job training to give you a rewarding experience in the United States. This visa is usually valid for up to eighteen months.

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This is the Training/Student Visa. It is very versatile and allows you to come to the United States to either get training or study at numerous institutions and organizations. This visa allows you to get trained in areas of discipline ranging from the medical to the agricultural to business fields. 

This visa does not need prior Immigration and Naturalization approval, and therefore, can be obtained quickly. You must have either a sponsoring school, organization or business.

It is sometimes easier to get this visa than the F-1 Student Visa, but does carry some other significant restrictions.

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This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

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If you work at a company outside of the United States which has some type of branch or related office in the United States, you can come to the United States as an Intracompany Transferee. It can be approved in as fast as two to three months. The visa can be extended for up to 7 years depending on the type of employee you are.

If you are a manager, and later want to get your green card, you can quickly obtain your green card as a Multi-National Manager. Otherwise, if you are not a manager, and decide you want your green card, you can apply for 'Labor Certification' while you have your Intracompany Transferee Visa.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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This visa is similar to the F-1 Student Visa except it is for vocational training. There are a vide variety of institutions accepting M-1 Students. Some examples would be a Barber Shop to Automobile Technician Schools to Electrical Training Schools. 

The M-1 Vocational Student Visa will last for the length of the designated course.  Your spouse and unmarried children can come to the U.S. once your visa is approved.  

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If you are an extremely talented alien, you may qualify for this visa. If you are a company that regularly searches for the top talent in the world, these persons can come to the United States as an Extraordinary Ability Alien. The usual fields of accomplishment range from various artistic to business to athletic fields.

You can come temporarily for the expected length of time they are needed. You can later apply for the Green Card on the basis that you are an extraordinary ability alien. These persons are highly valued by the United States, and therefore, the visas can be approved very quickly.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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If you belong to a music group that has various awards and are well-known, you can come to the United States to perform in various venues.

Also, the essential helpers of the group can come in to the United States to make certain the performances go smoothly. The length of this visa depends on the number of performances. It can be extended if more performances are later booked. Your status can be changed at a later time should it be necessary.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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This visa allows you to come to the United States to exchange your culture with the United States. This can be done in a variety of ways from teaching to performing to other means of exchanging your culture. Many times you may not qualify for other types of visas and this particular visa gives you a viable alternative. 

This visa is valid for the time necessary for the cultural program to be completed.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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This is the temporary religious visa. If you want to come to the United States to perform duties in a religious organization, this would be the visa that would be of most interest to you. 

This visa does not need prior Immigration and Naturalization approval, and therefore, is a very quick visa to obtain. Later, you may be able to apply for the permanent residence religious visa to obtain the Green Card. This visa can be issued for up to three years.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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Subject to INA § 214(k) an alien may be admitted as an S nonimmigrant: (1) if the Secretary of Homeland Security determines: (a) the alien is in possession of critical reliable information concerning a criminal organization or enterprise; (b) the alien is willing to supply or has supplied such information to federal or state law enforcement authorities or a federal or state court; and/or (c) the alien's presence in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; (2) if the Secretary of State and the Secretary of Homeland Security jointly determine that the alien: (a) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (b) is willing to supply or has supplied such information to federal law enforcement authorities or a federal court; (c) will be or has been placed in danger as a result of providing such information; and (d) is eligible to receive a reward under § 36(a) of the State Department Basic Authorities Act of 1956. If the Secretary of Homeland Security (or with respect to clause (2), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (1) or (2) if accompanying or following to join, the alien may receive S classification as well. The number of aliens who may be provided a visa as nonimmigrants under clause (1) above in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under clause (2) above in any fiscal year may not exceed 50. The visa classifications for such nonimmigrants are S-5 (certain aliens supplying critical information relating to a criminal organization or enterprise) and S-6 (certain aliens supplying critical information relating to terrorism).[FN6] State Department regulations provide that an alien is classifiable under the provisions of INA § 101(a)(15)(S) if: (1) the consular officer is satisfied that the alien qualifies under the provisions of that section, and (2) the consular officer has received verification from the State Department's Visa Office that: (a) in the case of INA § 101(a)(15)(S)(i), the U.S. Citizenship and Immigration Services (USCIS) has certified on behalf of the Secretary of Homeland Security that the alien is accorded such classification, or (b) in the case of INA § 101(a)(15)(S)(ii), the Assistant Secretary of State for Consular Affairs on behalf of the Secretary of State, and the USCIS on behalf of the Secretary of Homeland Security, have certified that the alien is accorded such classification, and (3) the alien is granted a waiver under INA § 212(d)(1) [8 USCA § 1182(d)(1)] of any ground of ineligibility under INA § 212(a) that is known at the time of verification. The certification of status under INA § 101(a)(15)(S)(i) by the Secretary of Homeland Security, or of status under INA § 101(a)(15)(S)(ii) by the Secretary of State and the Secretary of Homeland Security acting jointly, does not establish that the alien is eligible to receive a nonimmigrant visa.[FN8] The period of validity of an S-5 or S-6 visa cannot exceed the period indicated in the certification of status and cannot in any case exceed the period of three years.[

Attorney General John Ashcroft announced that the Department of Justice will issue T visas, created by the Trafficking Victims Protection Act of 2000 (TVPA) to protect women, children and men who are the victims of human trafficking. The T visa will allow victims of severe forms of trafficking in persons to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases. According to U.S. government estimates, 45,000 to 50,000 women and children are trafficked into the United States annually, and are trapped in modern-day slavery-like situations such as forced prostitution.

"One of our greatest challenges is identifying those responsible for these unspeakable crimes," said Attorney General John Ashcroft. "Today's announcement gives victims of human trafficking refuge from the deplorable treatment they endure and sends a clear warning to traffickers that this barbaric action is a fundamental violation of human decency that will not be tolerated."

In March, Attorney General Ashcroft announced that combating human trafficking would be a priority of the Department of Justice. The Department of Justice issued guidance to federal prosecutors describing the new crimes under the TVPA, and the Attorney General urged coordination among the F.B.I., I.N.S., U.S. Attorneys Offices and the Civil Rights and Criminal Divisions of the Department of Justice.

The T visa is specifically designed for certain human trafficking victims who cooperate with law enforcement against those responsible for their enslavement. The statute allows victims to remain in the United States if it is determined that such victims could suffer, "extreme hardship involving unusual and severe harm" if returned to their home countries. After three years in T status, victims of human trafficking may apply for permanent residency. In addition, subject to some limitations, the regulation allows victims to apply for non-immigrant status for their spouses and children. Victims under the age of 21 may apply for non-immigrant status for their parents as well.

"The T visa is a powerful new tool to protect the most vulnerable victims and prevent future trafficking," said Bureau of Citizenship and Immigration Services Commissioner James Ziglar. "It will help BCIS put the criminals responsible for these horrific acts out of business and behind bars."

Since the passage of the TVPA, the Department of Justice has encountered many individuals who needed protection from retaliation and continued victimization by people who trafficked them into the United States.

Under the statutes of the TVPA, those convicted of trafficking offenses may receive up to 20 years in prison and, in some instances life sentences. Preexisting servitude statutes carried a maximum sentence of 10 years' imprisonment. The new statutes created by the TVPA are designed to reach the subtle means of coercion that traffickers often use to bind their victims in service. Such means include the seizure of immigration documents, psychological coercion, and trickery.

Trafficking in persons includes the recruitment or transportation of persons through force, fraud or coercion for the purposes of modern-day slavery or involuntary servitude. Victims of this growing transnational crime problem – predominantly women and children – are trafficked into a wide variety of exploitative settings, ranging from the sex industry to domestic servitude to forced labor on farms and in factories.

Congress has now created a new nonimmigrant category. It is known as the ‘V’ nonimmigrant category.

Many petitions take many years for a visa number to become current. Thus, in normal situations, family members might not be able to see each other for many years prior to being able to all have Lawful Permanent Resident Status in the United States. This new ‘V’ Visa now gives certain nonimmigrant status for spouses and children of permanent residents awaiting the availability of an immigrant visa.

First, this new ‘V’ category applies only to spouses and children of Lawful Permanent Residents. Children are defined as persons who are unmarried and less than 21 years old. Second, it applies only if the Family Petition was filed prior to December 21, 2000. Third, the petition must have been pending for at least three years.

Assuming it has been at least three years, the ‘V’ Visa applies also if the visa number is currently available, but the application for the immigrant visa or the adjustment of status application is still pending.

Your relative can enter the U.S. on this ‘V’ Visa, and they can get employment authorization. When applying for the visa, the 3/10 year bar DOES NOT APPLY TO THEM.

If you have relatives who fall under this section who are inside the United States, they can apply to have their status adjusted to that of a V Nonimmigrant. Unlike most other adjustment applications, the 3/10 year bar, illegal entrants and immigration violators, people without legal immigration papers and numerous criminal convictions DO NOT MAKE THESE PEOPLE INELIGIBLE TO APPLY FOR ADJUSTMENT OF STATUS to obtain ‘V’ status.

If the person was actually in the United States at any time between July 1, 2000 and October 1, 2000, and have been given ‘V’ status as described above, they can have their status adjusted to that of a Lawful Permanent Resident if an immigrant visa is immediately available. Additionally, all of the normal grounds which would make them inadmissible to the U.S. (see same grounds as above) do not bar the person from successfully adjusting their status. The person must pay $1,000.00 fee in addition to the normal fee requirements.

If you are in the U.S., you cannot yet apply for the V Visa because the regulations are not yet out. However, the Department of State has issued its regulations and forms to process the V Visa. Therefore, since the 3/10 year bars do not apply to your son, he can leave the country to get the Visa and then come back as a legal nonimmigrant. Additionally, it may be possible for a Consulate in Mexico or Canada to accept the interview for your son, so he does not have to go back to his home country.

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If you are a national of either Canada or Mexico, this visa is available to you. It is a temporary work visa for people who have a Bachelors Degree or the equivalent in work experience. There are numerous types of fields that are eligible for this type of visa. Some examples range from graphic artists, business, medical, teaching and computer fields. 

While this visa is valid for only one year, it can easily be renewed. In Canada, this visa does not need prior Immigration and Naturalization approval, and therefore, is quick to obtain.

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The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning such criminal activity; (3) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement official, to a federal, state, or local prosecutor, to a federal or state judge, to the Bureau of Immigration and Customs Enforcement (BICE), or to other federal, state, or local authorities investigating or prosecuting such criminal activity; and/or (4) the criminal activity violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States. If the Secretary of Homeland Security considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described above, the Secretary of Homeland Security may also grant U nonimmigrant status based upon certification of a listed government official that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien. The number of principal aliens who may be issued visas or otherwise provided status as U nonimmigrants in any fiscal year will not exceed 10,000.

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