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Non-Immigrant Visas

Non-Immigrant Visa Lawyer in Houston

A non-immigrant visa is often a travel document that allows tourists, students, investors, or specialty workers to travel to United States with the specific. This purpose can be studying, working in a specialty job, or just visiting. Non-immigrants are people who travel to United States temporarily and do not have intentions on staying in the country permanently.

People who intent to remain in US permanently are classified as immigrants and must apply for an immigrant visa.

Below you can find some of the common Non Immigrant Visas with links to detailed information provided by the U.S. Department of State and U.S. Citizenship and Immigration Services.

B-1/B-2 Visa or Waiver – Business or Pleasure Visitors

Certain kinds of “business” related travel, is permitted using a B-1 visitor visa. The definition of “business” under immigration law is limited, and does not generally allow for gainful employment, labor for hire or productive activity such as operating a business or consultancy work. Specifically, in the applicable U.S. law, the term “business” is limited to the negotiation of contracts, consultation with business associates, litigation, and participation in scientific, educational, professional or business conventions, conferences or seminars and other legitimate activities of a commercial or professional nature.
A B-1 visa is always issued together with a B-2 visa and is called B-1/B2. It embodies two different reasons for travel. The first is business and second is pleasure or medical. Every country including European Union member states must apply for a visa for the U.S. if they intend to stay for more than 90 days.

H-1B – Professionals

Many foreign nationals in professional occupations begin their work in the United States through an H-1B visa. This visa is initially issued for three years, and may be renewed once for another three years.
Herrera Law Firm attorneys have successfully filed H-1B visa applications, H1-B visa change of employer applications, H-1B visa extensions, and H-1B visa amended applications for individuals and corporate clients. We have filed visas for doctors, post-doctorate students, scientists, businessmen, marketing researchers, IT professionals (computer programmer, system analysts, software engineers, database administrator, etc), graphic designers, various engineers (mechanical, chemical), health care professionals, start-up companies, and more.
There is a limit on the quantity of H-1B visas that can be issued every year. As of now 65,000 H-1B visas are issued each fiscal year, in addition to an extra 20,000 visas for people with advanced degrees from U.S. universities.

L-1A/B – Intra-company Transferees

The Intra-company Transferees visa (L-1) is a non-immigrant visa that allows organizations working in the U.S. as well as in foreign countries to transfer its employees/representatives from company’s foreign offices to the U.S. operations for up to seven years. The US office must be a parent company, sister company, or child company to the foreign organization. The employee/representative must have worked for an office of the U.S. business outside of the U.S. for at least one year out of the last three years.

TN – NAFTA Professionals

North American Free Trade Agreement (NAFTA) created TN visas for Canadian and Mexican experts, to work in the United States. TN status allows Canadian, Mexican, and American citizens the opportunity to work in the United States or Canada fairly constrained arrangement of occupations. Within the TN set of occupations, a Canadian,  American or Mexican can work for up to a year at a time.

J-1 – Training and Exchange Visa

The U.S. government issues J-1 Visas to people who participate in an extensive variety of exchange programs sponsored by schools, organizations, businesses and institutions. These programs are created for students, business and industrial trainees, international visitors, teachers, scholars, research assistants and those on cultural missions. Likewise, there are some exchange opportunities for students, including summer employment programs and internship programs for university students.

O-1 – Extraordinary Ability

The O-1 visa is a non-immigrant employment-based visa for foreign nationals who have “extraordinary ability” and who can demonstrate the sustained national or global praise and acknowledgment for accomplishments in the education, science, sports or business. It is also available to those in television related areas of work who can show a record of “extraordinary achievement.” The “extraordinary ability” in the fields mentioned above, implies a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor. The USCIS has recognized that the shortage of H-1B visas has caused issues for some businesses. In like manner, USCIS has been more reasonable and far reaching in the adjudication of O-1 visas, and has extended this classification to positions that might not have qualified for O-1 status previously.

P-1 Visa (Internationally Recognized Athletes/Entertainers)

The P-1 visa is a non-immigrant visa that allows foreign nationals who are artists, athletes and entertainers to enter into the U.S. for a specific event, performance or competition. The P-1 Visa cover individuals who compete at an globally recognized level.