Employment-Based Non-Immigrant Visas

Nonimmigrant visas allow for foreign nationals to come to the US on a temporary basis to visit, study, work, teach, perform in sports and arts and other permitted activities.

The primary nonimmigrant work visas are the H-1B specialty occupation visa, the L-1 intracompany transferee, the E-1 and E-2 treaty trader and investor, the O-1 extraordinary ability alien, P performance visa the J-1 exchange visitor and the R-1 religious worker.

Our Law Firm provides representation and counseling in all employment and business immigration matters including B-1, E-1, E-2, E-3, F-1, H-1B, H1-B1, H-3, L-1A, L-1B, O-1, P-1, R-1, and TN visas.

Business Visitor Visa (B-1 visa)

A temporary B-1 visa is available to business visitors visiting the United States temporarily to conduct business activities. Most often, B-1 visas are a proper way for a foreigner to come the United States for purposes to attend business meetings, consult with business partners, attend conferences, negotiate agreements, and evaluate investments or similar limited activities.

Visitor in B-1 status may not receive compensation from a U.S. employer or perform any productive work in the United States that U.S. workers could perform.

In order to obtain a B-1 visa, the applicant must show self-support in the United States, provide proof of the purpose of the business trip and demonstrate an intent to return to his home country.

J-1 visa two year home rule:

The following J-1 visa holders are subject to the J-1 visa two year home country physical presence requirement under Section 212(e) of the Immigration and Nationality Act:

  1. Law ScaleThose who are financed by their home government, the government of their last residence, or the United States government;
  2. Those whose skills have been determined by the United States Information Agency to be in short supply in their home countries, (per the “skills list” published by the United States Information Agency); or
  3. Those whose exchange programs involve graduate medical education or clinical training. The requirement is fulfilled by the alien’s return to, and actual physical presence in, the home country for a period of two years; this presence may be cumulative and not continuous. The “home country” is defined as the country of nationality, or the country where the alien last had a residence.

AN ALIEN MUST EITHER FULFILL A 2 YEAR HOME RULE BY RETURNING TO THE ALIEN’S HOME COUNTRY (THIRD COUNTRY IS NOT ALLOWED) OR BY OBTAINING A WAIVER BEFORE SUCH ALIEN MAY ADJUST STATUS OR CHANGE TO CERTAIN VISAS.

WAIVER OF THE TWO YEAR HOME RULE:

In certain circumstances a person in J-1 status may obtain a waiver of the two year home country physical presence requirement:

  • Exceptional hardship to a United States citizen or permanent resident alien spouse or child.
  • Persecution to the exchange alien on the basis of race, religion, or political opinion.
  • Recommendation of a waiver based on its being in the national interest by an interested government agency, including a state public health department.
  • ‘No Objection’ Statement. This is not available to a foreign medical graduate engaged in graduate medical education or training.

CONTACT experienced immigration attorney for J-1 visa two year home rule explanation.

A J-1 exchange visitor is an alien coming temporarily to the United States as a participant in a program designated the Director of the US Information Agency for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training. The J-1 exchange visitor must fall under the following classifications:

  • Scholar
  • Trainee
  • Teacher
  • Physician (including foreign medical graduate)
  • Professor
  • Research assistant
  • International visitor
  • Government visitor
  • Camp counselor
  • Au pair
  • Specialist
  • Leader in a field of specialized knowledge or skill

The following is a more complete description of some of the categories of J-1 exchange visitors:

ALIEN PHYSICIANS:

This category includes graduates of foreign medical schools pursuing graduate medical education or training at United States accredited schools of medicine or scientific institutions. The training may be clinical or non-clinical.

In order to pursue medical residencies and other clinical training in the United States as a J-1, the alien must enter the United States under the sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG). An alien who participates in this type of exchange visitor program is subject to a two-year home country physical presence requirement, which is rarely waived. However, it should be noted that the H-1B visa may be available for certain alien physicians who have not yet satisfied the two-year home residence requirement.

AU PAIRS:

Foreign nationals from the age of 18-26, who are secondary school graduates and proficient in English, may participate in an au pair program. The au pair lives with a United States host family and provides limited child care services while attending an accredited post-secondary institution. The au pair may work no more than 45 hours a week and must be enrolled for at least six academic credit hours (but courses may be taken for audit, rather than for credit). To obtain a J-1 visa as an au pair, the foreign national:

  1. Must possess at least eight hours of child safety instruction;
  2. May not care for infants under three months of age without a responsible adult being present;
  3. Must be granted three days initially to adjust before beginning work; and
  4. May care for children under two years of age only if the au pair has six months of prior infant care experience.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

GENERAL QUALIFICATIONS OF THE EMPLOYER AND EMPLOYEE:

To qualify for L-1A classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1A.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

NEW OFFICES

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

  • The employer has secured sufficient physical premises to house the new office;
  • The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
  • The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

See 8 CFR 214.2(l)(3)(v) for details.

PERIOD OF STAY

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

FAMILY OF L-1 WORKERS

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

SPOUSES: EMPLOYMENT AUTHORIZED

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization.  If approved, there is no specific restriction as to where the L-2 spouse may work.

BLANKET PETITIONS

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:

  • The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
  • The petitioner has an office in the United States which has been doing business for one year or more;
  • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
  • The petitioner along with the other qualifying organizations meet one of the following criteria:
    • Have obtained at least 10 L-1 approvals during the previous 12-month period;
    • Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
    • Have a U.S. work force of at least 1,000 employees.

The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification.  It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

GENERAL QUALIFICATIONS OF THE EMPLOYER AND EMPLOYEE

To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

L-1 VISA REFORM ACT OF 2004

The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.  In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:

  • The employee will not be principally controlled or supervised by such an unaffiliated employer; and
  • The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.

NEW OFFICES

For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:

  • The employer has secured sufficient physical premises to house the new office ; and
  • The employer has the financial ability to compensate the employee and begin doing business in the United States.

PERIOD OF STAY

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

FAMILY OF L-1 WORKERS

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

CHANGE/EXTEND STATUS

If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, using Form I-539, Application to Extend/Change Status.

SPOUSES

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee.  If approved, there is no specific restriction as to where the L-2 spouse may work.

TN NAFTA visa is based on the North American Free Trade Agreement (NAFTA). Pursuant to NAFTA, citizens of Canada and Mexico may work in the United States up to a period of three years in specifically designated professional positions in TN status.

CONTACT experienced TN visa law firm to prepare a TN visa application.

There is no limit on the number of renewals of the TN visa.

Certain professionals from Canada or Mexico may obtain a TN work in the U.S. if:

  1. a worker is a citizen of Canada or Mexico;
  2. the profession is on the NAFTA list of eligible occupations;
  3. there is a job offer form a U.S. employer (self-employment is not permitted); and
  4. worker has qualifications/education for the profession.

ELIGIBILITY CRITERIA

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa.  The TN NAFTA visa category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement.  NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

CANADIAN CITIZENS

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

  • Proof of Canadian citizenship;
  • Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
  • Credentials evaluation (if applicable), together with any applicable fees.

Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS.  Premium Processing Service is available.

If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

  • Proof of Canadian citizenship; and
  • Approval Notice from USCIS for Form I-129.

In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility.  You should also be prepared to pay any applicable inspection fees at the time you seek admission.  If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

MEXICAN CITIZENS:

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.  Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

DEPENDENTS OF TN NONIMMIGRANTS: SPOUSES AND CHILDREN:

Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status.  Spouses and children are:

  • Not permitted to work while in the United States, but they are permitted to study.
  • Granted TD status for no longer than the period of time granted to the principal TN nonimmigrant.

The O-1 visa is a nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. Initial admission n O-1 visa status is for up to 3 years with extensions in 1 year increments thereafter.

The O nonimmigrant classification includes the following sub-categories:

  • 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’ activity. For an O-1B, the O-2′ assistance must be “essential” to the completion of the O-1B’ production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1;
  • O-3: individuals who are the spouse or children of O-1′ and O-2′.

REQUIREMENTS FOR O-1 VISA:

The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

EVIDENTIARY CRITERIA FOR O-1A VISA:

Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
  • Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
  • Original scientific, scholarly, or business-related contributions of major significance in the field
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

EVIDENTIARY CRITERIA FOR O-1B:

Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least (3) three of the following:

  • Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry). 

ADDITIONAL EVIDENCE REQUIRED FOR O-1 VISA:

CONSULTATION.

A written advisory opinion is required from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

CONTRACT BETWEEN PETITIONER AND BENEFICIARY.

A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed. USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement.  Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.

ITINERARIES:

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.

CONTACT experiences attorney to evaluate your case.

The P-1 visa classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

INDIVIDUAL ATHLETES ELIGIBILITY CRITERIA FOR P-1 VISA

You must be coming to the United States to participate in individual event, competition or performance in which you are internationally recognized with a high level of achievement; evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading or well known in more than one country.

ATHLETIC TEAMS ELIGIBILITY CRITERIA

You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team is participating must be distinguished and require the participation of athletic teams of international recognition.

SUPPORTING DOCUMENTS FOR P-1 VISA

The Form I-129 must include the following documents:

  • A written consultation from an appropriate labor organization
  • A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport
  • An explanation of the event and itinerary
  • Documentation of at least two of the following:
    • Evidence of having participated to a significant extent in a prior season with a major United States sports league
    • Evidence of having participated to a significant extent in international competition with a national team
    • Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition
    • A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized
    • A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized
    • Evidence that you or your team is ranked, if the sport has international rankings
    • Evidence that you or your team has received a significant honor or award in the sport

FAMILY OF P-1A VISA HOLDERS

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

ESSENTIAL SUPPORT PERSONNEL

Essential Support Personnel who are an integral part of the performance of a P-1 athlete (team) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees. The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

  • A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
  • A statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1 athlete (team)
  • A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed

P-1B A MEMBER OF AN INTERNATIONALLY RECOGNIZED ENTERTAINMENT GROUP

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

ELIGIBILITY CRITERIA

At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

SPECIAL PROVISIONS FOR CERTAIN ENTERTAINMENT GROUPS

Alien circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement. The alien or aliens must be coming to join a nationally recognized circus. Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.

APPLICATION PROCESS

Your U.S. employer must submit:

  • Form I-129, Petition for a Non-Immigrant Worker accompanied by the appropriate fee and supporting documentation.
  • A consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)

SUPPORTING DOCUMENTS

Form I-129 must include the following documents:

  • Written consultation from an appropriate labor organization
  • Itinerary with the dates and locations of the performances
  • A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed
  • Evidence that your group has been established and performing regularly for at least one year
  • Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
  • Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
    • Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
    • Your group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
    • Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
    • Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
    • Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
    • Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence

An R-1 religious worker  is a foreign national who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week) by:

  • A non-profit religious organization in the United States;
  • A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
  • A non-profit religious organization which is affiliated with a religious denomination in the United States.

This R-1 religious worker visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.

To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.

DEFINITIONS

Religious occupations are defined as occupations whose duties must:

  • Primarily relate to a traditional religious function;
  • Be recognized as a religious occupation within the denomination; and
  • Be primarily related to, and clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination.

Religious occupations do not include primarily administrative or support positions such as janitors, maintenance workers, clerical employees, or fund-raisers or similar positions solely involved in soliciting donations. Limited administrative duties that are only incidental to religious functions are permissible.

Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incidental to R-1 religious worker status.

Ministers are defined as individuals who are duly authorized by the religious denomination to which they belong, and are fully trained according to the denomination’s standards to conduct religious worship and other duties usually performed by the clergy. The regulations do not define a uniform type of training for religious denominations. When signing the petition, the petitioner must attest that the beneficiary is qualified to perform the proposed duties of the religious occupation to be performed in the United States.

The definition of denominational membership is premised on a shared faith and worship practices, and not on formal affiliation.  Denominational membership means membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the U.S. religious organization where the beneficiary will work. The term “religious denomination” applies to a religious group or community of believers governed or administered under a common type of ecclesiastical government. A religious group or community of believers may demonstrate that they are a religious denomination by showing one or more of the following:

  • A recognized common creed or statement of faith shared among the denomination’s members;
  • A common form of worship;
  • A common formal code of doctrine and discipline;
  • Common religious services and ceremonies;
  • Common established places of religious worship or religious congregations; or
  • Comparable indicia of a bona fide religious denomination.

USCIS acknowledges that some denominations lack an ecclesiastical government or central governing body. The religious entity may seek to satisfy the religious denomination requirement by submitting a description of its own internal governing or organizational structure.

E visa is based on the International Agreements and can be used by individual traders or investors or by companies to relocated their employees to the Unites States.

Law requires that in order to become an E visa for E-1 nonimmigrant treaty trader the alien (1) will be in the US solely to carry on substantial, international trade, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the US and the treaty country of which the alien is a national, and (2) intends to depart the US upon the expiration or termination of treaty trader (E-1) status.

An alien may hold status as an E-2 nonimmigrant treaty investor if the alien (1) has invested or is actively in the process of investing a substantial amount of capital in a genuine enterprise in the US; (2) is seeking entry solely to develop and direct the enterprise; and (3) intends to depart the US upon the expiration or termination of E-2 treaty investor status.

Investment of a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living will not qualify under the E-2 visa regulation. Enterprise must actively engaged in business. While there are no set amounts for the investment, USCIS will evaluate the investment in light of the nature of the business enterprise, using number of guidelines and indicators for E visa.

 In order to qualify as an E-1 treaty trader or E-2 treaty investor, the alien must also show (1) a treaty exists between the United States and the country of which the treaty enterprise is a “national”; (2) at least 50% ownership of the investing enterprise by nationals of the treaty country; and (3) citizenship in the treaty country by principal alien investors and employees of the enterprise seeking admission through the treaty enterprise.

An alien may also serve as an employee of a treaty investor or treaty trader if the employee is in or is coming to the United States as an executive or a supervisor, or, if employed in a lesser capacity, the employee has special qualifications that make the alien’s services essential to the efficient operation of the enterprise. The employee must have the same nationality as the principal alien employer.

ESTA visa waiver overview. 

ESTA visa waiver program permits foreign nationals of certain countries to enter the United States as visitors (business or pleasure) without a visa. Nationals of the following countries are eligible for the VWPP: Andorra, Argentina, 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, the United Kingdom and Uruguay.

Visitors must first receive a pre-clearance by registering with ESTA visa waiver program before travelling to the United States.

There are several important restrictions for ESTA Visa Waiver Program participants, including the following:  90 days maximum period of stay; extensions or changes of status not allowed (except adjustment of status for immediate relatives is allowed).

Most importantly, the VWP participant has no right to appeal an immigration officer’s determination of admissibility. The participant also waives the right to contest an order of removal.

Marriage while on ESTA visa followed by adjustment of status application, while not prohibited by law, will be scrutinized closely for the applicant’s intent inconsistent with this type of visa.

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