Visa Waiver Program

Under the Visa Waiver Program, citizens of certain countries may visit the US for business or pleasure for up to 90 days without a visa. However, travelers who travel under the Visa Waiver Program must have a valid Electronic System for Travel Authorization (ESTA) approval before coming to the US.

Travelers who enter the US under the Visa Waiver Program cannot extend their stay past 90 days or change to another nonimmigrant status while in the US. Therefore, travelers who plan to stay past 90 days or to change their status in the US may want to consider obtaining a nonimmigrant visa such as B-1 or B-2.

B-1 Business Visitor Visas

B-1 visas are available to those who wish to enter the US for business purposes that do not involve receiving salary or payment from a US source. B-1 visas are appropriate for those who want to set up investments or new enterprises, attend professional conferences, conventions, or seminars, make purchases, and negotiate contracts, among others. B-1 visas are available for these permissible business activities in the US, but they are different from employment.

How to Qualify:

1. You must be coming to the US temporarily for business purposes that do not involve receiving salary or payment of any kind from a US source,
2. You have sufficient funds to cover the expenses of the visit and return transportation,
3. You have a residence abroad which you have no intention of abandoning, and
4. You intend to return home at the end of your visit.

Evidence to establish ties to the traveler's home country and a strong reason to return there (i.e. family, employment, or property) is necessary.

B-1 visas do not require prior approval by the USCIS. Applications are made directly at a US consulate or embassy abroad.

B-2 Visitor Visas

B-2 visas are available to those who wish to enter the US for pleasures such as tourism, visiting friends and relatives, participating in conventions or conferences of social organizations, participating in events as amateurs, and receiving medical care, among others.

How to Qualify:

1. You must be coming to the US temporarily for pleasure,
2. You have sufficient funds to cover the expenses of the visit and return transportation,
3. You have a residence abroad which you have no intention of abandoning, and
4. You intend to return home at the end of your visit.

Evidence to establish ties to the traveler's home country and a strong reason to return there (i.e. family, employment, or property) is necessary.

B-2 visas do not require prior approval by the USCIS. Applications are made directly at a US consulate or embassy abroad.

K-1 Fiance(e) Visas

Fiance(e)s of US citizens who want to enter the US to marry the US citizen should consider a K-1 fiance(e) visa option. K-1 fiance(e) visas are not available to fiance(e)s of green card holders. K-1 fiance(e)s' unmarried children under 21 can apply for K-2 visas if they are accompanying or following to join the K-1 fiance(e)s.

K-1 visas are valid for up to 6 months for a single entry only, and the fiance(e) must enter the US within this period. The foreign fiance(e) must marry the US citizen petitioner within 90 days after they arrive in the US and file for adjustment of status. K-1 fiance(e)s are not eligible for an extension of stay or change of status.

How to Qualify:

1. The US citizen petitioner and the foreign fiance(e) have met in person within the last 2 years before filing the petition unless this requirement is waived,
2. They have a bona fide intention to get married, and
3. They must be legally able and willing to get married within 90 days after the foreign fiance(e) arrives in the US.

E-1 Treaty Trader Visas

E-1 visas are based on trade treaties between the US and an applicant's country of nationality. Check here for a current list of countries with which the US maintains a treaty of commerce and navigation.

E visa holders are generally admitted for 2 years, although E visa stamps are usually granted at 5-year increments. However, the length of the visa validity may be limited depending on various factors such as the visa applicant's nationality and the state of the enterprise.

Unlike H-1B and L visas, there is no limit on the number of extensions allowed for E visas. Unlike H-1B visas, E visas are not subject to prevailing wages or an annual cap. Unlike L visas, E visas do not require prior employment with the sponsoring employer or its overseas affiliates.

How to Qualify:

1. A trade treaty must exist between the US and your country,
2. At least 50% of the company is owned by nationals of your country,
3. The owners of the company must either maintain E nonimmigrant status if they are in the US or live outside the US and be eligible for E nonimmigrant status if they were to live in the US. This means that owners who are also US citizens or green card holders cannot be counted toward determining at least 50% ownership, even if they are nationals of your country,
4. You are either an owner of the company, a managerial or executive employee, or a specialist,
5. The company has already been engaged in substantial trade principally between the US and your country. The trade must be substantial in terms of dollar amount, volume and frequency, and
6. You intend to depart from the US when your E-1 status terminates.

E-1 visas do not require prior approval by the USCIS. Applications can be made directly at a US consulate or embassy abroad. However, the first-time E-1 visa applicant must complete the company registration with a US consulate or embassy.

E-2 Treaty Investor Visas

E-1 visas are based on trade treaties between the US and an applicant's country of nationality. Check here for a current list of countries with which the US maintains a treaty of commerce and navigation.

E visa holders are generally admitted for 2 years, although E visa stamps are usually granted at 5-year increments. However, the length of the visa validity may be limited depending on various factors such as the visa applicant's nationality and the state of the enterprise.

Unlike H-1B and L visas, there is no limit on the number of extensions allowed for E visas. Unlike H-1B visas, E visas are not subject to prevailing wages or an annual cap. Unlike L visas, E visas do not require prior employment with the sponsoring employer or its overseas affiliates.

How to Qualify:

1. An Investment treaty must exist between the US and your country,
2. At least 50% of the company is owned by nationals of your country,
3. The owners must either maintain E nonimmigrant status if they are in the US or live outside the US and be eligible for E nonimmigrant status if they were to live in the US. This means that owners who are also US citizens or permanent residents cannot be counted toward determining at least 50% ownership, even if they are nationals of your country,
4. You are either an owner of the company, a managerial or executive employee, or a specialist,
5. The owner either has already made a substantial investment or is actively in the process of making a substantial investment in the US enterprise. The investment must be substantial in terms of dollar amount, capitalization, and job creation, but what is considered substantial depends on the type of business, and
6. You intend to depart from the US when your E-2 status terminates.

E-2 visas do not require prior approval by the USCIS. Applications can be made directly at a US consulate or embassy abroad. However, the first-time E-2 visa applicant must complete the company registration with a US consulate or embassy.

H-1B Professional Worker Visas

H-1B visas are available to those who wish to enter the US to perform services in a specialty occupation, requiring at least a bachelor's degree or equivalent work experience in a specialized field. While H-1B visas are typically used by US bachelor's degree holders, they are also available to those who have obtained their education or equivalent work experience abroad. As no prior work experience is required, H-1B visas are frequently utilized by US companies wishing to employ foreign workers who have recently attained a US bachelor's degree in a specialized field. H-1B visa holders are allowed to have "dual intent."

H-1B visas are subject to an annual cap of 65,000, but there are some cap-exempt cases.

1. You are already in H-1B status and wish to extend your status or change your employer.
2. You have been granted H-1B status in the past 6 years and have not left the US for longer than 1 year since attaining such status.
3. You are a physician who has received a J-1 waiver of the 2-year home residency requirement.
4. Your sponsoring employer is an institution of higher education, a nonprofit organization or entity related to or affiliated with an institution of higher education, a nonprofit research organization, or a governmental research organization.
5. You have earned a US master's or higher degree (the first 20,000 H-1B petitions).

H-1B visa holders may be admitted for up to a maximum initial period of 3 years. H-1B visas may be extended for 3 years with a total maximum period of 6 years. If you have reached the maximum period of stay, you are generally barred from reentering the US in either H or L status until you have resided abroad for 1 year. However, there are specific circumstances where H-1B status may be extended beyond the 6-year limit.

The H-1B program requires prospective H-1B employers to register with the USCIS. Only when their registrations are selected can the employers file H-1B petitions.

How to Qualify:

1. You have a bachelor's degree or the equivalent in education and/or experience,
2. Your job must be a specialty occupation,
3. There is a nexus between the job offered and your background (education and/or experience),
4. If the job has a license requirement, you have that license,
5. You have a job offer from a US employer, and
6. Your employer must pay you the prevailing wage for the position or the actual wage, whichever is higher. Your employer must also offer you the same benefits it provides to other workers in the same or similar position.

I Representative of Foreign Information Media Visas

I visas are commonly known as journalist visas and are available to members of the foreign information media who wish to enter the US on assignment. I visas cover a wide range of information media outlets and can be quite useful.

Representatives of foreign information media include members of the foreign press, radio, television, film, or other information media who are involved in producing documentaries or newsworthy events, or informational or educational material. Reporters, journalists, photographers, film crews, editors, freelance media workers under contract, and employees of independent production companies with credentials issued by a professional journalistic association are all eligible for the I visa classification.

Representatives of foreign information media on I visas must be paid by the sponsoring foreign media and may not receive salary or payment of any kind from a US source. I visa holders may be admitted for the duration of employment or assignment, and there is no limit on the number of extensions allowed for I visas.

How to Qualify:

1. You are a representative of a foreign press, radio, film, or other information media,
2. You must be entering the US on assignment for the sponsoring foreign media,
3. You are paid by the sponsoring foreign media, and
4. You must work on the production of documentaries or newsworthy events, or informational or educational material in the US.

I visas do not require prior approval by the USCIS. Applications can be made directly at a US consulate or embassy abroad.

R-1 Religious Worker Visas

R-1 visas are available to religious workers who seek to enter the US to perform services related to their religious vocation or occupation. Religious workers include ministers and other religious workers who engage in activities in a religious vocation or occupation.

R-1 visa holders may be admitted for up to a maximum initial period of 30 months. The extension is allowed for an additional 30 months.

How to Qualify:

1. You have been a member of the denomination for 2 years immediately preceding admission,
2. You are a member of a religious denomination having a bona fide nonprofit, religious organization in the US,
3. The religious denomination and its affiliate must be exempt from taxation under 503(c)(3) of the Internal Revenue Code, or it must qualify for tax-exempt status, and
4. You must be entering the US to carry on the vocation of a minister of the religious denomination or to work in a religious vocation or occupation for the denomination or for an organization affiliated with that denomination.

L-1 Intracompany Transferee Visas

L-1 visas are designed to transfer executives or managers (L-1A) or employees with specialized knowledge (L-1B) within an international organization to its US-based operation. L-1 visa holders may be admitted for up to a maximum initial period of 3 years (with a 1-year exception for a new office situation). Extension of stay may granted in increments of 2 years.

For L-1A executives and managers, a maximum period of stay is 7 years, and for L-1B specialized knowledge personnel, it is 5 years. L-1 visa holders are also allowed to have dual intent.

L visas are often a viable option for a foreign company seeking to establish a new office in the US. As mentioned above, the initial period granted in these circumstances is limited to 1 year. Within 1 year, the US-based business must become fully operational, or an extension will be difficult.

How to Qualify:

1. You have been continuously employed abroad full-time for at least 1 of the last 3 years before entering the US in L status,
2. You have been employed abroad as an executive, manager, or person with specialized knowledge,
3. The company you have worked for abroad is a branch, parent, subsidiary, joint venture partner, or affiliate of the US company,
4. You must continue to work either in an executive or managerial capacity or in a position that requires specialized knowledge for the US company, and
5. The company must continue to do business in the US and at least one other country for the duration of your L-1 visa.

TN Visas for Canadian and Mexican Professionals

TN (Trade NAFTA) visas are available to Canadian and Mexican professionals in certain professions under the North American Free Trade Agreement.

The process of applying for TN visas differs for Canadian and Mexican citizens. Canadian citizens may apply for TN visas at the border by presenting the necessary documentation, and a decision will be rendered on the same day. Canadian citizens do not need to obtain TN visas at a US consulate. Mexican citizens must obtain TN visas before they are admitted to the US in TN status. The applicants may be admitted for up to a maximum initial period of 3 years, and extensions may be granted in 3-year increments with no limit on the number of extensions.

Unlike H-1B visas, TN visas have no prevailing wage requirement. TN visas are not subject to an annual cap. However, the USCIS does not recognize "dual intent." Furthermore, unlike H-1B visas, TN applicants cannot establish equivalency to a bachelor's degree by showing a combination of experience and education for TN purposes.

Spouses and unmarried children under 21 years of age of TN visa holders may obtain TD visas. Spouses of TN visa holders are not allowed to engage in employment in the US. Spouses and children do not need to be citizens of Canada or Mexico to receive TD visas.

How to Qualify:

1. You must be a Canadian or Mexican citizen (permanent residents are not eligible),
2. You have an offer of employment from an employer in the US,
3. You must engage in employment in one of the approved professions listed under the NAFTA,
4. You possess the necessary credentials for that profession. A bachelor's degree or higher is usually required unless alternative qualifications are expressly permitted, and
5. You intend to depart the US when your TN status terminates.

O-1 Individual of Extraordinary Ability Visas

O-1 visas are available to those with extraordinary abilities in the sciences, arts, education, business, or athletics. Extraordinary ability is defined differently depending on the field of endeavor. Extraordinary ability in the sciences, education, business, or athletics must be demonstrated by a level of expertise indicating that the person is one of the small percentages that has risen to the top of their field. The field of arts is defined very broadly and includes performing arts, fine arts, visual arts, and culinary arts, among others. Extraordinary ability in the arts must be demonstrated by distinction. Distinction means a high level of achievement in the field as evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is prominent, renowned, leading, or well known in the field. Extraordinary ability in the motion picture or television industry must be demonstrated by extraordinary achievement as evidenced by a degree of skill and recognition significantly above what is considered ordinary.

O-1 individuals of extraordinary ability are initially admitted for 3 years or for the time necessary to complete the event or activity or group of events or activities, whichever is less. Because there is no limit on the number of extensions allowed for O-1 visas, an extension may be obtained to continue or complete the same events or activities in 1-year increments.

How to Qualify:

1. You have extraordinary ability in the sciences, arts, education, business or athletics,
2. Your extraordinary ability is demonstrated by sustained national or international acclaim,
3. Your achievements are recognized in the field through extensive documentation,
4. You must be entering the US to continue working in your field of endeavor, and
5. A consultation from an appropriate peer group or labor organization in the field must be obtained unless such group or organization does not exist.

P Athlete and Entertainer Visas

P visas are available to athletes and entertainers wishing to temporarily enter the US to perform in a competition, event, or performance.

P-1 Visas

P-1 visas are available to internationally known athletes, individually or as part of a group or team, and entertainment groups.

Individual athletes, athletic teams, and entertainment groups must be internationally recognized. International recognition means "a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading or well known in more than one country." Athletes themselves must be internationally recognized. In addition, if it involves a team sport, an athletic team must have achieved international recognition in the sport.

Individual entertainers must be part of an entertainment group that has been internationally recognized as outstanding in the field for a sustained period. The individual entertainers must have had a sustained relationship with the group, generally 1 year with some exceptions. Entertainment groups, not individual entertainers, must be internationally recognized. Individual members of the entertainment industry are not eligible for the P-1 category. Instead, they should look into the O visa category.

P-2 Visas

P-2 visas are available to artists or entertainers, individually or as part of a group involved in a reciprocal exchange program between an organization in the US and one or more foreign countries, which provides for the temporary exchange of artists and entertainers.

P-3 Visas

P-3 visas are available to culturally unique artists and entertainers, individually or as part of a group to perform, teach, or coach their particular art or discipline.

Individual athletes may be admitted for 5 years, and it may be extended for up to 5 years with a total maximum period of 10 years.

Others may be admitted for the time needed to complete the competition, event, or performance, not to exceed 1 year. Extensions are granted up to 1 year at a time to continue or complete the activity for which they were admitted.