Thank you to Evans Wallace, Solicitors for providing the following information:
> Visa Waiver Program
> B-1 Visas: Business Visitors
> B-2 Visas: Holiday Visitors
> C/D Visas: Transit and Crewmen
> E Visas: Treaty Trader/Investors
> F/M Visas: Students
> H Visas: Temporary Professional Workers, Nurses and Trainees
> K Visas: Fiancé(e)s, Spouses and Children of US Citizens
> L Visas: Intra-company Transfers
> O Visas: Extraordinary Ability Aliens and Essential Support Personnel
> P Visas: Athletes, Group Entertainers and Artists
> Q Visas: Cultural Exchange Visitors
> R Visas: Religious Workers
> V Visas: Spouses and Children of US Permanent Residents
Visa Waiver Program
Citizens of designated countries may enter the United States on holiday or for some business purposes for up to 90 days without a visa under the Visa Waiver Program (VWP). The designated countries are as follows: Andorra, Australia, Austria, Belgium Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
Travelling on the VWP is not permitted for those who intend to study, work or stay more than 90 days nor is it permitted for convicted criminals or members of the foreign media travelling on assignment in the United States (see I visas).
B-1 Visas: Business Visitors
Unless covered under the VWP, business visitors to the United States require a B-1 visa. Business Visitors, whether entering with a visa or on the VWP, may not engage in productive employment. Acceptable business activities are very limited and include business meetings, contract negotiation and attendance at professional/educational conferences or seminars. B-1 visas are not available to members of the foreign media travelling on assignment to the United States (see I visas).
If entering with a B-1 visa, a person can be admitted for a maximum of six months, with extensions available in increments of six months each.
B-2 Visas: Holiday Visitors
Unless covered under the VWP, holiday visitors to the United States require a B-2 visa.
If entering with a B-2 visa, a person can be admitted for a maximum of six months, with extensions available in increments of six months each.
C/D Visas: Transit and Crewmen
C-1/D visas are available to crew members of international airlines and to people required for the normal operation and service of a vessel.
E Visas: Treaty Trader/Investors
In order to be able to apply for an E-1 (treaty trader) or E-2 (treaty investor) visa an appropriate treaty must exist between the United States and the country of which the applicant is a national.
Treaties exist with the following countries for the purposes of the E-1 visa:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, the Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, the United Kingdom and Yugoslavia.
Treaties exist with the following countries for the purposes of the E-2 visa:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia
An E-1 visa may be the appropriate visa for someone who wishes to travel to the United States to carry on trade between the United States and the country of which the applicant's firm is a national. The trade must be 'substantial' in nature and must be primarily between the United States and the Treaty Country.
An E-2 visa may be the appropriate visa for someone who wishes to travel to the United States to develop and direct an enterprise in which he or she has made a substantial investment or is in the process of making a substantial investment in a bona fide enterprise. Click here for further information on the E-2 visa
F/M Visas: Students
Academic Student Visas (F-1 Visas)
In order to attend a university or other academic institution in the United States, including primary and secondary schools, or a language training program, a foreign national must obtain an F-1 visa.
Non-academic Student Visas (M-1 Visas)
In order to enter the United States to attend a course of study which is not principally academic at an established vocational or other recognized non-academic institution such as a post secondary vocational or business school, a foreign national must obtain an M-1 visa.
H Visas: Temporary Professional Workers, Nurses and Trainees
Professional "Specialty Occupation" Workers (H-1B)
This visa is available to persons in a "specialty occupation." "Specialty occupations' are defined as those that require the theoretical and practical application of a body of highly specialised knowledge and the attainment of at least a bachelor's degree (or equivalent) as the minimum requirement for entry into the occupation.
Nurses (H-1C)
Registered nurses employed in an area designated by the US Department of Health and Human Services to be a "health professional shortage area" may qualify for an H-1C visa. The number of visas issued under this category each year is limited.
Trainees (H-3)
This visa is available for foreign nationals coming to the United States to receive training from an employer in any field, other than graduate education or training.
I visas: Members of the Media
Representatives of the foreign media travelling on assignment to the United States may qualify for an I visa. They are not eligible to travel visa free under the Visa Waiver Program or enter the United States on B-1 business visas. Freelance journalists will only be issued an I visa if they are under contract to a media organization.
J Visas: Exchange Visitors
Anyone wishing to take up prearranged employment, training or research in the United States under an officially approved program sponsored by an educational or other non-profit institution requires an exchange visitor (J-1) visa. Persons covered by these programs include post graduate students, medical students coming to the United States as residents or interns, foreign scholars sponsored by universities as temporary faculty members, and some business trainees. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students and au pairs.
K Visas: Fiancé(e)s, Spouses and Children of US Citizens
Fiancé(e)s of US Citizens (K-1 Visas)
A fiancé(e) of a United States citizen may qualify for a K-1 visa provided he or she intends to travel to the United States to get married and to live permanently in the United States after the marriage. The marriage must take place within 90 days of the fiancé(e) entering the United States on the K-1 visa.
Applicants for the K-1 visa may not enter the United States until the visa has been approved. K-3/K-4 visas were introduced to address this problem as applicants of some countries were prevented from entering the Untied States for significant periods of time because of long processing times.
Spouses and Children of US Citizens (K-3/K-4 Visas)
These visas were designed to reunite families that have been, or could be, separated due to the long period of delay in the processing of their immigrant visa applications. The visa allows the holder to travel to the United States to await the approval of their immigrant visa petition. Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition has been filed with the United States Citizenship and Immigration Services, but the immigrant visa is not yet immediately available to them, are eligible for this visa. The child of a U.S. citizen will only qualify for a K-4 visa if he/she is not a U.S. citizen and his/her parent qualifies for a K-3 visa.
L Visas: Intra-company Transfers
Intra-company transfer visas are generally available to foreign nationals who have worked for a multi-national company outside the US for one continuous year within the three years prior to their transfer to the US. They must have served the company in an executive, managerial or "specialised knowledge" capacity and be transferring to the US in a similar capacity.
For corporations who regularly transfer employees to the United States under this category, an L Blanket Petition may be appropriate. Obtaining an L Blanket Petition registration usually proves to be both cost and time efficient to corporations who qualify.
O Visas: Extraordinary Ability Aliens and Essential Support Personnel
Extraordinary Ability (O-1 Visas)
The O visa is available to foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics, who have received sustained national or international recognition for the ability. In order for a group to qualify, each member of the group must individually meet the extraordinary ability test. The visas are only issued for a specific event or performance.
Essential Support Personnel (O-2 Visas)
O-2 visas are available to people accompanying and assisting O-1 visa holders for a specific event or performance. The person must be an integral part of the performance and have skills which are not of a general nature and cannot be performed by other people.
P Visas: Athletes, Group Entertainers and Artists
Athletes and Group Entertainers (P- 1 Visas)
The P- 1 visa is available for certain athletes, entertainers, artists and essential support personnel. Athletes, who are performing either individually or as part of a team at "an internationally recognized level of performance", may qualify for P-1A visas. Someone who performs with or is a vital part of an entertainment group that has received international recognition in the field for a sustained and substantial period of time may qualify for a P-1B visa. Individual members of the entertainment industry are not eligible for a P-1 visa, but individual athletes are. In addition, P-1 visas for the entertainment industry will only be issued for a specific event.
Reciprocal Artistic Exchange Program (P-2 Visas)
A P-2 visa may be available for an artist or entertainer (either an individual or a group) involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.
Culturally Unique Artists and Entertainers (P-3 Visas)
A P-3 visa may be available to an artist or entertainer (either an individual or a group) to perform, teach, or coach under a program that is culturally unique.
Q Visas: Cultural Exchange Visitors
A foreign national participating in an international cultural exchange program designed to provide practical training, employment and the sharing of the history, culture and traditions of their native country may quality for a Q visa. The U.S. sponsor must obtain approval of the training/employment establishment in advance by filing a petition with the United States Citizenship and Immigration Services (USCIS).
R Visas: Religious Workers
Certain religious workers may qualify for an R visa, provided they are a member of a religious denomination (and have been a member for the two years immediately preceding their application), which has bona fide non-profit religious organization status in the United States.
V Visas: Spouses and Children of US Permanent Residents
V visas were created to reunite families who have been separated pending processing of their family based second preference immigrant visa applications. The V visa allows the holder to travel to and from, and live in, the United States until he/she becomes eligible to apply for an immigrant visa. Spouses and children under the age of 21 of Lawful Permanent Residents who have been waiting for at least three years for their immigrant visa applications to be processed in the family based second preference category on the basis of a petition filed on or before December 21, 2000, are eligible to apply for the V visa, provided their priority date is not yet current, or the immigrant visa petition has not yet been approved.
