IMMIGRATION LAW

Temporary Visas

 

Temporary Visas

Below is a list of most temporary visas available. Many nuances exist to each of the visa requirements. Please contact our office to learn more. We look forward to assisting you with your specific case.

 
 

Visitor (tourist or business): b-1 or b-2 visa

B-1 VISA: Visitors for a temporary business trip. B-2 VISA: Visitors for tourism or medical treatment. The visas can often be issued in combination so you have the options of approved activities under both. While the process is somewhat fast and straightforward, it is important that you demonstrate to the U.S. consulate (where you will apply) and to Custom and Border Protection (CBP) at the airport or border your intent to return to the U.S. Usually, you will be required to demonstrate a permanent address and job in your country to which you will return.

Other Key Features:

  • B-2 Visas are usually multiple entries visas, meaning you can it for multiple trips to the U.S.

  • The U.S. trip itself is generally limited anywhere from 30 days to 6 months.

  • You may not accept a job or operate a business on a B-1/B-2 Visa.


FINACEE: K-1 VISA

You have the option to enter the U.S. on a fiancè visa for purposes of marrying your U.S. citizen fiancè and preparing your green card application. The fiancè visa lasts 90 days and is not renewable. You may apply for a work permit as soon as you enter the U.S. on your fiancè visa.

Important Qualifications for Fiancè Visa:

  • Both parties are legally able to marry

  • The immigrant must have actual intent to marry the U.S. citizen petitioner after arriving in the U.S.

  • The parties must have and see one another in person within past two years.


specialty workers: h-1b visa

In order to qualify for this visa, the applicant must have a job offer from an U.S. employer, with a prevailing wage offer. The job or services must be in a speciality occupation, requiring a higher education degree or equivalent work experience (or for a distinguished fashion model). Other requirements include having the right background for the job. A Labor Condition Application (LCA) is required.

Duration: H-1B visas are authorized for up to six years, extended for three years at a time. Exceptions to the six year maximum can apply. Contact our office to learn more.


other workers: h-2b visa

H-2B Visas are for skilled or unskilled workers, and for types of jobs that do not require a higher education degree. The applicant must also come from a participating country or qualify for an exception. Other requirements include a job offer from an U.S. employer for temporary/seasonal work, the right background for the job, no other qualified U.S. workers willing or able take the job (temporary labor certification required), and intent to return to home country.

AGRICULTURUAL WORKER: h-2A visa

Visa for temporary, agricultural workers. The prospective employer must attempt attempt to find U.S. agricultural workers in the employer’s immediate area or entire adjacent region of the country, usually through multi-state recruitment. This visa is practical for employers in need a large number of foreign employees to work a time defined project.

 

job trainee: h-3 visa

You must already have secured an opportunity in the U.S. for job training. The training should further your career, and you should have the intention to apply the training in your home country. One of the difficulties of H-3 visas is that the U.S. job training must not be available in your home country or you do not have access to it. Once you qualify for H-3 status, your spouse and unmarried children


intracompany transfer: l-1 vISA

You can come to the U.S. as a temporary employee if you have worked for a U.S. affiliate company outside the U.S. for at least one year in the past three years prior to your application. Your employer must transfer you to its U.S. affiliate company as a manager, an executive or specialized knowledge worker. Your background and expertise need to match your job description. Large U.S. companies may even obtain “blanket L-1 status” applications for frequent transferring of their non U.S. employees to their affiliated U.S. companies.

treaty trader: e-1 visa

E-1 visas are trade treaties with selected countries to help citizens of those countries enter the U.S. to engage in international trading activities.

  • You must be from a qualifying country

  • You must be either a 50% or greater owner or key employee

  • Most of your company’s trade must be with the U.S.

  • Your spouse may accept employment

Please contact our office to check if your country is currently on the E-1 treaty list.

treaty investor: e-2 visa

E-2 visas are for selected foreign countries and its citizens who have invested a substantial cash investment in a U.S. business.

  • You must be from a qualifying country

  • You or other citizens from your country must have invested substantially in a U.S. business

  • You must work for the business who acted as your E-2 visa sponsor (self-employed business is accepted)

  • Your spouse may accept employment


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relatives: H-4 VISAS

Certain spouses and unmarried children under age 21 qualify for H-4 visas -authorized stay in the U.S.- through the benefit of their spouse or parent attaining temporary visa status.


student: f-1 / m-1 visa

F-1 Visas are for academic students, and M-1 students are for vocational students. To qualify for either visa, you must have first been accepted at U.S. government approved school. Your intent to enter the U.S. must be to complete a full course of study and the chosen study must lead to a diploma, degree, or certificate. Other caveats are that you must be financially self-sufficient without working in the U.S. (There are some exceptions for working in the U.S. for F-1 visa students). Generally, you should have high English proficiency or your school of choice may offer special tutoring or instructions in your native tongue. Also, keep in mind that you can tour prospective U.S. schools on a B-2 tourist visa.

Contact our office to learn more about student visas.

EXCHANGE VISITOR: J-1 VISA

Exchange visitor visas are intended for promoting cultural or educational values generally in the areas of teaching,, training, or conducting research. It can also be used by U.S. employers who want to hire foreign workers to receive on-the-job training or to participate in an internship. Just as with student visas, you must be financially self-sufficient to cover your expenses while in the U.S. and have English proficiency.


TEMPORARY WORKER IN SELECTED OCCUPATION: O/ P/ R VISA

These visas are for temporary work available to those in a specialized occupation. Each visa is very narrow in its scope. Below is a an overview of the specialty occupation temporary visas.

  • O-1 Visa: For persons of proven extraordinary ability in the sciences, arts, education, business, or athletics.

  • O-2 Visa: For persons who work as essential support personnel of O-1 athletes and entertainers.

  • O-3 Visa: For accompanying spouses and unmarried children, under age 21, of O-1 or O-2 visa holders.

  • P-1 Visa: For athletes or athletic teams, or entertainment companies that have been internationally recognized for a long a continuous period.

Contact

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18444 N. 25th Avenue, Ste. 420.
Phoenix, AZ, 85023

☎ CONTACT

maya@miloviclaw.com
(602) 892-0212