Visa Categories – Cataliotti Law

Visa Categories

Non-Immigrant Visas

A non-immigrant visa is the visa issued to foreign nationals, or aliens, with permanent residence outside the United States, who wish to visit, study, live and or work in the U.S. temporarily. A non-immigrant visa is issued based on a specific category. Knowing which visa will correctly fit the needs of your situation and the proper documentation required is our main focus.

Types of Non-Immigrant Visas

E-1

Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country, and their spouses and children.

E-2

Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the investor's home country, and their spouses and children.

E-3

Australian professionals coming to the United States to perform services in specialty occupations (similar to an H-1B, but with a separate allotment of 10,500 visas). Spouses and children may accompany the E-3 visa holder.

H-1B

Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.

H-1B1

The H-1B1 program provides for the temporary employment of nonimmigrant aliens in specialty occupations from Chile and Singapore, limited to 1,400 nationals of Chile and 5,400 nationals of Singapore.

H-2B

Temporary non-agricultural workers coming to the U.S. to fill positions for which a temporary shortage of U.S. workers has been recognized by the U.S. Department of Agriculture.

H-4

Spouses and children of H-1, H-2, or H-3 visa holders.

L-1

Intracompany transferees who work as managers, executives, or persons with specialized knowledge.

L-2

Spouses and children of L-1 visa holders.

O-1

Persons of extraordinary ability in the sciences, arts, education, business, or athletics.

O-2

Essential support staff of O-1 visa holders.

O-3

Spouses and children of O-1 and O-2 visa holders.

P-1

Internationally recognized athletes and entertainers, and their essential support staff.

P-1S

The P-1S classification is for “Essential Support Personnel” who are an integral part of the performance of a P-1 nonimmigrant, and who perform support services that cannot be readily performed by a U.S. worker.

P-2

Entertainers coming to perform in the U.S. through a government-recognized exchange program.

P-3

Artists and entertainers coming to the U.S. in a group to present culturally unique performances.

P-4

Spouses and children of P-1, P-2, and P-3 visa holders.

Q-1

Exchange visitors coming to the U.S. to participate in international cultural exchange programs.

R-1

An R-1 non-immigrant is a non-citizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation.

EB-4

Special immigrants are individuals who may be eligible for lawful permanent resident status (a Green Card) based on specific visa categories that are listed in the Immigration and Nationality Act (INA).

Immigrant
Visas
(Green Cards)

Foreign citizens who want to reside in the United States permanently must first obtain an immigrant visa. This is the first step towards becoming a lawful permanent resident. An immigrant visa is issued when the applicant meets the eligibility requirements and has completed and submitted all necessary forms and additional required evidence necessary for the acquisition of immigrant status. American immigration law offers several options to immigrants wishing to settle and make a life in the United States permanently. There are screening processes and sponsorship documents involved in entering the country. At Cataliotti Law P.C. you can rest assured that we will walk you through every step of the process and give you comfort in knowing that you are in the best hands possible.

Types of Immigrant Visas

EB-1A

You must be able to prove that you have extraordinary ability in one of the following fields: Science, Art, Education, Business, or Athletics. Additionally, you must possess a level of expertise in your field that indicates that you are one of the small percentage of people who have risen to the very top of your field and your professional achievements must have received national and international recognition.

EB-1B

Outstanding Professor or Researcher seeking to enter the U.S. to pursue tenure or tenure-track teaching or research positions at a university or comparable educational institution. You can demonstrate that you have earned international recognition for outstanding achievement in your particular academic field. In addition, you must have a minimum of three years of experience either in teaching or in research in the same academic area.

EB-1C

This visa is normally issued to people who are currently working as managers or executives at a company that has any ties with the United States. “Ties” implies that the company either is a subsidiary or has a subsidiary in the United States or has a branch in the country. If you wish to obtain a visa under the EB-1C category, you must work in the same business in the United States that you worked for abroad.

EB-2 NIW

NIW (National Interest Waiver): This Visa allows foreign nationals holding advanced degrees and individuals with exceptional ability in the Arts, Sciences and Business to obtain a U.S. green card. A National Interest Waiver (NIW) petition falls under the employment-based immigration category. NIWs are usually granted to those who have exceptional ability (details provided later in the guide) and whose employment in the United States would greatly benefit the U.S. nation.

EB-5

Under this employment-based program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States and plan to create 10 permanent full-time jobs for qualified U.S. workers.