B-1/B-2 Visitor's Visa:
B1 - business visitor visas are for brief visits normally for a limited period of 30 days subject to maximum of 3 months. B2 - Visitor for Pleasure, which allows people to come to the U.S. for pleasure, for a minimum period of 30 days, and subject to maximum of 6 months. Both B-1/B-2 may be changed to any other non immigrant category except to F-1 student visa since cannot attend school without prior approval by USCIS. Citizens of certain participating countries are allowed to visit the U.S. for a period up to 90 days without a visa, which is called Visa Waiver Program (VWP), which cannot be extended or changed to any other non-immigrant category. Landed immigrants in Canada and permanent residents (LPR) in US both need regular visitor visa to visit respective countries.
E1 - Treaty Trader; E2 - Treaty Investor:
Investors/traders and their employees may receive visas to carry on their business in the US, if the home country has a commercial treaty with the United States conferring visa eligibility. Unfortunately citizens of India are not eligible for this visa, since India does not have an investment treaty agreement with US. But citizens of Pakistan are eligible for both E1 and E-2 visas, provided they have invested substantial amount in USA in any business. Both E-1 and E-2 visas are granted for a period of 1 year, and should be renewed every year by providing evidence that the business is being conducted, and the same is making more than a marginal profit. Spouses and children under 21 are also eligible for same visa to accompany the principal alien. Spouses are eligible for work permit as long as the principal beneficiary maintains the E1/E2 status, and the marital relationship continues.
F1 - Academic Student:
Persons enrolling in a full course of study at an educational institution approved by the US Citizenship & Immigration Service (USCIS) in the United States may be eligible for a visa for the completion of the course of their study. Their stay as evidenced by I-94 is for the duration of course (D/S) and one year each of Optional Practical Training (OPT) in their field of study is allowed after Bachelor Degree, Masters Degree and even after Doctoral Degree before returning to their home country subject to a grace period of 60 days. Spouses and unmarried children under 21 can enter US on F-2 visas as dependents for the period granted to the principal alien. In certain circumstances after one year of full time study, F-1s are eligible for work permit for up to 20 hours per week.
H-1B - Specialty Occupation:
Professionals with at least a US bachelor’s degree or its equivalent foreign education or progressive years of work experience are eligible for H-1b nonimmigrant visa if the position requires such a degree as a minimum requirement to be eligible for such positions. Their employers should demonstrate that they will pay at least the prevailing wage for the job, and they should have approved Labor Condition Application (LCA) from the Department of Labor (DLO) before filing a petition with the USCIS for approval of H-1B petition. The initial period of employment will be for 3 years, which can be extended to another 3 years to a total of 6 years. One year extensions after 6 years is possible under certain circumstances provided a Labor Certification Application with DLO pending for more than a year or three year extension if I-140 has been approved and priority dates are not current due to per country limits.
H -1C Registered Nurses:
Registered Nurses who have obtained all the qualifying CGFNS certifications or having the license in the State where they are to be employed, is eligible to work for such employers who has an unexpired attestation with the Attorney General, can work in US, provided such US employer obtains approval from the USCIS. There are only 500 visas available under this category for each year. Remember the H-1A visas for the registered nurses are no longer available after its sunset date of September 30, 1995. Registered Nurses are not eligible for H-1b specialty occupation visas, since the minimum requirement to practice, as a Registered Nurse is not US Bachelor Degree or its foreign equivalent, unless the position requires minimum US bachelor degree in a specialty occupation..
H-2A - Agricultural Labor:
Aliens may enter US to perform agricultural jobs for short period of time of less than a year, for which the US employer should file temporary labor certification with the DLO, and file petition with the USCIS for approval, after which the aliens should appear for consular interview to obtain the visa in order to enter US. Such visas are subject to a maximum of three years.
H-2B - Other Temporary Labor:
Aliens can enter US to perform any non agricultural jobs for short period of time of less than a year, for which the US employer should file temporary labor certification with the DLO, and file petition with the USCIS for approval, after which the aliens should appear for consular interview to obtain the visa in order to enter US. Such visas are subject to a maximum of three years.
H3 – Trainee:
Aliens can enter US for training purposes at locations in US, who can provide such training to enhance their job skills, so that they can go back to their country and use such newly acquired skills in their jobs. The training should not be designed to provide productive employment in US. There are only about 3,000 visas available in this category every year, and it is very difficult to obtain these types of visas. The US facility providing training should obtain approval from USCIS before a visa can be issued.
I - Representatives of Foreign News Media:
Aliens who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter US solely to engage in such vocation, and the spouse and children of such representatives if accompanying or following to join can enter on this type of visa.
J-1 - Exchange Visitor:
Aliens entering U.S. through an approved exchange program is eligible for the J-1 Exchange Visitor's visa. These are students, scholars, job trainees, faculty, professors and research scholars, specialists, medical residents, government visitors, etc. Sometimes, a J-1 program will require that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to L-1. H-1b nonimmigrant visas or to permanent residency.
