NON-IMMIGRANT VISAS

"A" Visas: Diplomats, Foreign Government Officials
Diplomats, officials and employees of foreign governments entering the U.S. on official business. Immediate families and attendants are also granted "A" status.

B-1 Visas: Visitors for Business
Persons entering the U.S. to conduct sales or other business on behalf of a foreign employer. B-1 visa status may be granted for up to one year, and may be extended for an additional six-months, although extensions typically require compelling documentation.

REQUIREMENTS: Applicants must have a round-trip ticket (or a ticket to a third, non-contiguous country), maintain a foreign residence, and demonstrate that they have sufficient funds to support themselves while they are in the U.S. without the need for employment.

B-2 Visas: Visitors for Pleasure
Persons entering the U.S. for vacations or social visits, for health purposes, or for participation in conventions or amateur musical and sports events. B-2 visa status is generally granted for 6 months, and may be extended for an additional 6 months. Extensions beyond 6 months are possible, although compelling documentation will be required.

Merrill R. Cohen and Associates has successfully implemented creative strategies for obtaining B-1 and B-2 visa extensions in highly unusual/difficult cases.

C Visas: Transit
Individuals traveling through the U.S. en route to a third country. C visa status may be granted for up to 29 days and cannot be extended or changed to another non-immigrant visa status nor adjusted to immigrant status. C visa holders are eligible to apply for political asylum, if they can demonstrate that they would be persecuted in their home country. C visa holders cannot be employed in the U.S.

REQUIREMENTS: Applicant must have sufficient funds for transit and must demonstrate permission to enter a third country.

D Visas: Crewmen
Persons serving on a foreign-based ship passing through U.S. waters. D visa status may be granted for up to 29 days and may not be extended or changed to a different non-immigrant visa status nor adjusted to immigrant status. D visa holders are eligible to apply for political asylum, if they can demonstrate that they would be persecuted in their home country.

REQUIREMENTS: Applicants must be employed by a ship in order to use the visa, although they need not be employed at the time of application.

F-1 Visas: Academic Students
Foreign students entering the U.S. to study at approved educational institutions not including public elementary schools or publicly-funded adult education programs. F-1 visa status is generally valid as long as the student remains in school. Students are issued Form I-20 by their school, and must obtain a new Form I-20 if switching schools. At the completion of schooling, students are eligible for up to one year of "practical training," i.e., employment, in their field. The student must have their Form I-20 endorsed by their school for practical training, and submit an application for employment authorization to the Immigration & Naturalization Service.

REQUIREMENTS: Applicants must demonstrate English language proficiency or evidence that they will receive English language training. Applicants must also have sufficient funds for tuition and living expenses; evidence of their acceptance to the academic institution; and evidence that they intend to leave the U.S. upon completion of the academic program.

G Visas: Members of International Organizations
Officers and employees of international organizations and their immediate family members. U.N. employees and their family members are examples of G visa holders.

H-1B Visas: Specialized Knowledge Professionals
This is the most frequently issued non-immigrant "work" visa. Currently, 195,000 H-1B visas are available annually. Any U.S. employer may sponsor a foreign national for an H-1B visa.

This visa is available to professionals in a "specialty occupation." A "specialty occupation" is defined as a job that requires a Bachelor’s degree or its equivalent in work experience and/or education in a particular field of study. The salary offered for the position must meet or exceed the "prevailing wage" for that position in the geographical area in which the professional will be employed.

The H-1B visa enables a foreign national to work in the U.S. for an initial period of 3 years, which may be extended for another 3 years (for a total of 6 years of H-1B visa status). When the 6-year limit of H-1B status has been reached, the visa holder must leave the U.S. for at least one year before he becomes eligible for H-1B visa status again. During this year, the former visa holder may visit the U.S. in another status, typically visa waiver or visitor visa status. However, the period of time spent in the U.S. will be counted against the total of one year that he is required to be outside of the U.S. before he becomes eligible for new H-1B status.

IMPORTANT NOTE: under the new law if, at the end of the individual's 6 years in H-1B status, if an application for U.S. permanent residence was filed and is pending on his or her behalf for an inordinately lengthy period of time, he may remain in the U.S. until the petition is adjudicated.

H-1B visa holders may travel abroad throughout the visa term. Spouses and children of H-1B visa holders are accorded H-4 status, and are not authorized to work in the U.S.

An employer may sponsor the H-1B employee for U.S. Permanent Residence status at any point during the visa term. As there is no "dual intent" problem for H-1B visa holders, the visa holder is permitted to have had the intent to acquire permanent status when applying for the H-1B visa.

REQUIREMENTS: The sponsoring company must prove that it requires the services of a professional who has obtained a Bachelor’s degree in the particular field in which the Beneficiary obtained his degree, and must demonstrate the ability to pay the candidate the "prevailing wage" for the position.

An individual must show that he or she has the required Bachelor’s degree and/or professional work experience for the position.

Corporate clients of Merrill R. Cohen and Associates have sponsored H1-B visas for candidates in the following specialty occupations:

  • Acountant
  • Accounts Manager
  • Advertising Account Executive
  • Architect
  • Architectural Design Associate
  • Business Analyst
  • Computer Programmer
  • Economist
  • Fashion Designer
  • Financial Analyst
  • Graphic Designer
  • Interior Designer
  • Marketing Analyst
  • Marketing Manager
  • Merchandising Manager
  • Product Marketing Manager
  • Software Engineer
  • Systems Analyst
  • Teacher (private school only)

H-2A/ H-2B Visas: Temporary Workers
Temporary workers performing agricultural labor or seasonal work. Requires Labor Certification. Visa holders maintain status for time allotted on the labor certificate but for no longer than 1 year. Visa status may be extended for a maximum of 3 years.

REQUIREMENTS: An applicant for an H-2A visas must show that he is performing temporary services or labor and has received a temporary labor certification. Employers of H-2A visa applicants must demonstrate that no U.S. workers are capable of performing such services.

H-3 Visas: Trainees
Temporary workers receiving training in any business, art or scientific field except for graduate medical training. H-3 visa status may be granted for up to 2 years. HOWEVER, H-3 visa holders who have worked in H-3 status for a total of 24 months must reside outside of the U.S. for 6 months before they may extend or change status, or be readmitted into the U.S. This rule does not apply if training is seasonal, intermittent, or less than 6 months each year.

REQUIREMENTS: Applicants must demonstrate that: training is not available in their home country; they will not take the place of U.S. workers; that any employment undertaken during training is merely incidental to the training; and that training will benefit the H-3 visa holder’s career outside the U.S.

J-1 Visas: Exchange visitors
Trainees, students, professors, short-term research scholars and government visitors who do not intend to abandon their foreign residence. Certain J visa holders are required to return to their home country for two years upon completion of their training before regaining visa status before they are eligible to immigrate to the U.S.

IMPORTANT NOTE: Despite being barred from obtaining U.S. Permanent Residence status until completing the two-year foreign residence requirement, these individuals ARE eligible to apply for "O-1" visa status to work here temporarily before fulfilling the two-year foreign residence requirement. Waivers of the foreign residence requirement are available under limited circumstances. Waivers may be granted if the visa holder will suffer persecution or exceptional hardship by returning home, or if a U.S. agency demonstrates that granting the waiver furthers public interest.

K-1 Visas: Fiancé(e)s of U.S. citizens
U.S. citizens may petition the BCIS to grant K-1 visa status so that a foregn-born fiancée may enter the United States in order to marry. The marriage must take place within 90 days.

REQUIREMENTS: Applicants must demonstrate that they are legally able and that they intend to marry the U.S. citizen within 90 days of entry. The U.S. citizen petitioner must prove that he has met his fiancée in person within two years prior to filing the petition for the K-1 visa. This requirement may be waived if it causes extreme hardship or if it violates a long established custom.

L-1A Visas: Intra-Company Transferee
"L-1A" visa status is granted to an intra-company transferee who comes to the U.S. temporarily to perform managerial or executive services for the branch, subsidiary or affiliate of the foreign employer. An "intra-company transferee" is defined as someone who has worked abroad for at least one of the previous three years in a managerial or executive capacity or in an area of "specialized knowledge" before being transferred to the U.S. to serve in a similar capacity (although not necessary in the same position).

The "L-1A" visa petition is submitted by the United States employer of the intra-company transferee. No labor certification required.

L-1B Visas: Specialized Knowledge Professionals/Transferees

This category is similar to an H-1B visa but specifically for intra-company transferees. "Specialized knowledge" exists where the employee possesses special knowledge of the employer’s product or its application in international markets or an advanced level of knowledge of the employer’s processes or procedures. This visa status may be held for up to five years. The holder of an L-1B visa is also permitted to adjust his or her status through an application for permanent residence.

M Visas: Non-Academic Students
Students attending vocational or nonacademic institutions. M visa holders retain status for the time necessary to complete a course of study plus 30 days, or for 1 year, whichever is less. M visa holders cannot accept employment, except practical training which may be obtained only after completion of studies and which may not exceed 6 months.

O-1 Visas: Extraordinary Ability in Arts, Business & Science
The O-1 visa is available to individuals "of extraordinary ability" who have achieved "sustained national or international acclaim" in their field. The visa petition is submitted by the individual’s employer, who must demonstrate the need for a person of extraordinary ability to adequately perform the job duties of the position. No labor certification required.

Merrill R. Cohen & Associates has received approvals on numerous "O-1" visa petitions for our clients.

P-1 Visas: Athletes & Entertainers
Internationally recognized or outstanding athletes and entertainers with at least one year of performing experience may apply for P-1 visa status. P-1 visa holders may be admitted for a period of 5 years and may extend the visa for an additional five years.

REQUIREMENTS: Athletes must establish evidence of international recognition, and must show that the competition he or she is entering has a distinguished reputation, and that the competition requires the athlete’s participation. Entertainers must show that the entertainer/group has been performing for at least one year and has received significant international awards or recognition.

P-2 Visas: Participants in Reciprocal Exchange Programs
Artists or entertainers who enter the U.S. in order to perform individually or as a group as part of a reciprocal exchange program between U.S. and foreign organizations may qualify for P-2 visa status.

REQUIREMENTS: Applicants must provide evidence such as a statement of sponsorship from the foreign organization, as well as evidence of a reciprocal agreement by the U.S. entity. They must also demonstrate that all exchange performers possess comparable skills and will be employed under similar terms and conditions.

P-3 Visas: Temporary Performers in Culturally Unique Programs
Artists, entertainers, coaches or persons occupying an integral role in a culturally unique performance and who enter the U.S. temporarily for the sole purpose of such a performance may be eligible for P-3 visa status.

REQUIREMENTS: Applicants must provide evidence of expertise in developing, coaching, or teaching a unique cultural, artistic or theatrical performance including national or international acclaim in periodicals or as evidenced through letters or expert opinions. Applicants must also provide evidence of involvement with the program over a substantial period of time.

R Visas: Religious Professionals
A person working for a religious organization in a professional capacity such as a minister, cantor, rabbi, nun or monk, or an individual in a religious or professional occupation or vocation apply for an R visa. This visa does not apply to persons performing lay work such as clerks, fundraisers or maintenance workers. The total period of stay permitted under R visa status is 5 years after which time the R visa holder must reside outside the U.S. for 1 year, not including short visits, to regain eligibility for R visa status.

REQUIREMENTS: To qualify for an R visa, a person must have been a member of the religious group for 2 years before applying for the visa, the group must be a qualified non-profit religious organization in the U.S., and the individual must establish that he or she will be employed by the organization in a religious capacity.

TN Visas: NAFTA Professionals
This visa is available to Canadian and Mexican professionals entering the U.S. to conduct professional activities for an occupation appearing on a special list of occupations, each of which require at least a baccalaureate degree or other professional credentials. The TN visa is valid for a maximum of one year. The visa is obtained at the U.S. border, and may be renewed each year indefinitely. A TN visa holder may not be self-employed in the U.S. The TN visa holder may bring his or her spouse and/or children to the U.S. in dependent status (TD). Dependents of TN visa holders are not authorized to accept employment in the U.S. unless they independently qualify for issuance of a "work" visa (H, L, O, certain J visas, or TN). Unlike H-1B visa applicants, the TN visa holder is required to have the intent to leave the U.S. at the end of his visa term. Thus, if one intends to immigrate to the U.S., he or she should consider obtaining an H-1B visa in lieu of TN.

REQUIREMENTS: TN applicants must provide a letter and other evidence from their U.S. employer explaining the purpose for entry into the U.S., the nature of the professional activity they will undertake on the employer’s behalf, the anticipated length of stay, the educational requirements for the position, as well as the salary to be paid for the position. In addition, the TN applicant must demonstrate to the satisfaction of the BCIS that he or she is qualified for issuance of the TN visa, i.e., that he has the necessary educational credentials, licensing or work experience for the position.

PLEASE NOTE: The information in this website is for general informational purposes only and is not intended as specific legal advice. Please feel free to send an e-mail to info@cohenlawfirm.com or to call our office at (212) 499-6644 to schedule a consultation.