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. Temporary Visas B-1/B-2 Visitor’s Visas 

Available to visits coming to the U.S. for business or pleasure. B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.

E-1/E-2 Treaty Trader and Investor Visas
Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.

F-1 and M-1 Student Visas
Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.

H-1B Specialty Occupation (Professionals) Visas
Professional workers with at least a bachelor’s degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.

J-1 and Q-1 Exchange Visitor Visas
Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency.

K-1 Fiancee Visas
A Fiancé (e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.

L-1 Intracompany Transfer Visas
L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.

O-1 Extraordinary Ability Worker Visas
The O-1 category is set aside for foreign nationals with extraordinary ability. This includes entertainers, athletes, scientists, and business persons.

P-1 Artists and Athletes Visas
This category covers athletes, artists and entertainers.

R-1 Religious Worker Visas
Religious workers may be eligible for an R-1 visa. TN Status Under the North American Free Trade Agreement

A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement.

 II.    Permanent Residency Visas (”Green Cards”)

       Family Sponsored Immigration

 U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.

EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived. 

EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.

EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals.

DV-1 Visas (the “Green Card Lottery”)
55,000 visas are annually allotted in a random drawing to individuals from nations under represented in the total immigrant pool. Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.

Contact the Law Offices of Attorney Shah Peerally at www.ShahPeerally.com for Free Consultation.

SOMF-1 Visas Foreign nationals may enter the United States as nonimmigrants in order to engage in academic studies and there are two categories for those persons wishing to study in the US. The students, who can range from elementary school students to doctoral students and persons engaged in post-doctoral studies, are classified in the F visa category. A student with an F-1 visa may not accept off-campus employment at any time during the first year of study; however, the U.S. Immigration and Naturalization Service may grant permission to accept off-campus employment after one year. No permission is required for on-campus employment. H1B Visas Aliens coming to the United States to perform services in “specialty occupations” for which the aliens hold the requisite qualifications, as well as alien fashion models of distinguished merit and ability,” are classified as nonimmigrant under Section 101(a)(15)(H)(I)(B) of the INA, 8 U.S.C.Section 1101 (a)(15)(H)(I)(B). The term “specialty occupation” is defined in basically the same manner as “professional” was defined by INS regulation prior to the extensive revision of the H-1B category by the 1990 Act and the 1998 Omnibus Act. Excluded from the H-1B category are entertainers and athletes, who must seek classification in the H-2B, O or P categories. The H-1B category also includes aliens of exceptional merit and ability who will work on cooperative projects under government to government agreements administered by the Secretary of Defense. The new American Competitiveness Act in the Twenty-First Century Act (AC21) raised the number of available H1-B visas (the “cap”) to 195,000 for each fiscal year from 2001 through 2003. In addition to the usual petition requirements applicable to all H-category non-immigrants, the H-1B category has the additional requirement of a labor condition application (LCA) which must be filed with the DOL prior to the filing of a petition with INS. L Visas The L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the US operations. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years. Employees in this category will be granted an L1 visa, initially for a three year period, extendible to a maximum of 7 years. On completing the maximum allowable period in L1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L status. There are two types of employee who may be sponsored for L1 visas: Managers/Executives The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in 2 year increments to a maximum of 7 years. Specialized knowledge This category covers those with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years. REQUIREMENTS: Overseas Employment: The transferee must have worked abroad for the US Company for a continuous period of one year in the preceding three years Company operating in the US must have employeed the transferee in its overseas branch. US Employment: The transferee must be coming to the United States to fill one of the “Executive/Managerial” position or in a position involving “Specialized Knowledge” and provide proof that they are qualified for the position. The company must be operating in US for at least one year. NOTE: The company must be actively doing business with good track record of revenue. The US company should continue to carry on doing overseas business for the duration of the transferee’s L1 status. Qualifying Relationships between US and Overseas company: Overseas parent company must own at least 50% of a US subsidiary, and have veto powers over the subsidiary’s actions; or US parent company must own must own at least 50% of the overseas subsidiary, and have veto powers over the subsidiary’s actions; or Affiliate US and overseas companies must each be at least 50% owned by the same ultimate parent; or US company with a branch office overseas qualifies, as does a overseas company with a US branch (though this must be more than simply an agent or representative); or A US organization which employs (e.g. sales personnel) overseas can sponsor such employees for L1’s even if there is no overseas office NOTE: the ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship.