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  • Asylum
  • Visas
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  • and more!

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We care about all our clients and are committed to providing each with high quality, ethical immigration services at a fair legal fee.

  • Multilingual legal staff fluent in Spanish and Tagalog
  • Main office conveniently located in Tysons Corner, VA.
  • Free initial and confidential consultation.

Visa

OVERVIEW OF ALL NONIMMIGRANT VISAS

            U.S. immigration law currently provides for approximately 79 NONIMMIGRANT or temporary NONIMMIGRANT visa classifications.  NO numerical (quota) restrictions apply to these categories, except for the H-1B, H-2B, Q-1, Q-2 and S classifications.  All NONIMMIGRANT visas require the visa holder to be coming to the United States temporarily to study or work, though the definition of “temporary” varies in each visa category.

            NONIMMIGRANT visas are all indicated by letters, or a combination of letters and numbers (please see the list below).  All NONIMMIGRANT visas are temporary in nature.  After obtaining a NONIMMIGRANT visa, a foreign national cannot just magically “change” from any NONIMMIGRANT visa status to that of immigrant status without first completing further immigration law procedures. In other words, NON-IMMIGRANT visas can never be converted into a Lawful Permanent Resident Alien (Green Card) status, unless a NON-IMMIGRANT visa holder begins a Labor Certification process called PERM or Relative Petition process, or becomes a Diversity Lottery winner, or applies for an immigrant visa in a special immigrant category such as a Religious Worker or as an Investor.

         No NONIMMIGRANT visa gives a foreign national a blanket “work permit” allowing that foreign national to work for any U.S. employer. Each visa has a series of complicated legal restrictions imposed both in obtaining and maintaining the visa. Some categories allow spouses and minor single dependent children to accompany a foreign national to the United States, while others do not.  Some allow a foreign national to work and study, while other visas allow a foreign national to either work or study.  Please consult our Law Offices before you apply for any NON-IMMIGRANT visa so that all visa requirements can be explained to you – for example, the fact that you must pay income taxes on your earnings in the United States.

APPLYING FOR A NON-IMMIGRANT VISA

Normally, to be granted NON-IMMIGRANT visas (NIV), an immigration attorney must prepare extensive documentation on behalf of the sponsoring employer, organization, or educational institution, and also on behalf of the foreign national employee and his/her family members. 

If the foreign national is already in the United States in a valid NON-IMMIGRANT status (with no unauthorized employment), the attorney can request that the foreign national be granted a “change” from one NON-IMMIGRANT visa category to another.  The documentation and evidence that the immigration attorney prepares and submits for most NON-IMMIGRANT visas include proof that the foreign nationals (and accompanying family members) who are also planning to work in the United States, possess credible “ties” to their home country.  The U.S. Government must be convinced that each foreign national plans to return to his or her country, and that the foreign national is not trying to obtain immigrant (Lawful Permanent Resident Alien, Green Card) status in the United States.  U.S. Congress has specifically exempted certain foreign nationals from having to prove this “NON-IMMIGRANT intent”.  (Please see the immigration attorney for details.)

            If a foreign national is applying for a NON-IMMIGRANT visa abroad, the foreign national will apply for the NON-IMMIGRANT visa at an American Embassy or Consulate.  All proof of qualifying for the visa, including proof of NON-IMMIGRANT intent, is submitted to a Consular Officer or to a U.S. Department of State employee charged with the duty of issuing NON-IMMIGRANT visas. 

            Historically, certain countries are deemed by the U.S. Government to have a high incidence of various types of visa fraud.  In these countries, it is often very difficult to obtain any NON-IMMIGRANT visa without using the services of a credible immigration attorney to prepare your documentation for you and to prepare you for answering questions that are typically asked.  If you are denied a visa, this fact is noted in your passport and it is far more difficult to obtain a visa after a denial, even with the assistance of a private, skilled immigration attorney.

            In addition, historically, the U.S. Department of State has viewed with great skepticism the “NON-IMMIGRANT intent” of foreign nationals applying for NON-IMMIGRANT visas from countries that are involved in a civil war or war, those that are in an economic recession, or those that have a history of documented human rights violations or have only recently “opened their borders” to outsiders and have become more democratic (third world or developing countries). 

            If your home country falls in any of these aforementioned categories, it is imperative that you seek out the advice of an immigration attorney before you apply to either the US Citizenship and Immigration Services (USCIS) here in the United States, or to an American Embassy/Consulate abroad for a NON-IMMIGRANT visa.

SPOUSES AND MINOR CHILDREN

Most of the NON-IMMIGRANT visa classifications below accord derivative status to the principal visa holder’s spouse, and unmarried children under 21 years of age.  Dependent spouse and children may not work in the United States while in derivative status.

 

TYPES OF NONIMMIGRANT VISAS

  1. A-1 – Issued to officials such as Ambassadors, Public Ministers, Career Diplomats, Consular Officers or their immediate family for travels to the US on behalf of the official's national government to engage soley in official activities of the government. Permission to receive any compensation beyond diplomatic work must be granted in advance by the Protocol Division of the Department of State and approved by the USCIS.  May engage in study if incidental to the primary purpose in the US and a valid visa status is maintained.  Valid for duration of status as long as the Secretary of State recognizes them as members of the diplomatic category
  2. A-1 – Immediate Family of A-1 officials such as spouse and unmarried sons and daughters under the age of 21 habitually residing in the same household as the principal alien, unmarried sons or daughters under the age 23 who are in full-time attendance as student at post-secondary institutions, unmarried sons and daughters under the age of 25 who are in full-time attendance as students at post-secondary educational institution if a former bilateral employment agreement in the US was signed prior to 11/21/1988, and such bilateral employment agreement does not specify 23 as the maximum age for employment of such sons and daughters, unmarried sons and daughters who are physically or mentally disabled to the extent that they cannot establish or maintain or re-establish their own households. They may engage in full or part-time study.  Maybe employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, pursuant to any restrictions stated or cited in the EAD.  Employment Authority Document is given up to 3 years increments.  They are responsible for federal, state or local income, employment and related taxes and Social Security contributions on any remuneration received.  Valid for duration of status as long as the Secretary of Sate recognizes them as members of the diplomatic category
  3. A-2 – Other foreign government officials or employees of lesser rank or their immediate family.  Same restrictions with A-1 immediate family members.
  4. A-3 – Attendant, Servant or Personal employee of A-1 or A-2 their immediate family. These are aliens paid from the public funds of a foreign government or from the funds of an international organization, accompanying or following to join the principal alien to whom the duty or service is owed. Dependents or family members of principal A-3 may not be employed in the USA.
  5. B-1 – Temporary Visitor for Business.  These are individuals conducting short-term business activities.  They are not permitted to be employed in the US, however effective 10/21/1998, a new law permits an academic institution to pay honoraria and associated incidental expenses for a usual academic activity lasting not longer than 9 days at any single institution.  The services performed must be conducted for the benefit of the academic institution and the foreign national may not accept payment or expenses from more than 5 institutions within the six month period.
  6. B-2 – Visitor for Pleasure. These are individuals in the US for travel, tourism or recreation.  They are prohibited from receiving payments of any kind from any US source and reimbursement of expenses is prohibited.
  7. B-2 – Prospective Student or Scholar. An individual who has entered the US who indicated a clear intent to study in the US or change to J-1 Exchange Visitor status.
  8. VWB/VWT – Visa Waiver for Business/Tourism.  An individual permitted to enter the US without a visa for a stay limited to 90 days.  This is available only to citizens of countries designated by the US State Department.  Laws regarding study and employment are identical to the B-1 or B-2 counterparts.
  9. C-1 – Alien in Transit is an individual, not a Diplomat, in transit from one country to another “stopping over” in the US. Permitted only to be employed by the foreign government and no study in the US is permitted.
  10.  C-2 Foreign government officials in Transit to and from the United Nations HQ. May only be employed by the foreign government.  Not permitted to study in the US.
  11. C-3 Foreign government official (Diplomat), immediate family, attendant, servant or personal employee in transit through US. Permitted only to be employed by the foreign government and no study in the US is permitted.
  12. D-1/D-2 Alien crewmen (air and sea) who are employed by a vessel or an aircraft who are in the US for “stopovers”. They are permitted to be employed in the US only by the vessel or aircraft. No study in the US is allowed.
  13. E-1 Treaty Trader in the US to conduct trade under a treaty between his/her country and the US, or a key employee of such company. Maybe only be employed by the trade-qualifying company through which the foreign national obtained the visa status. Work permit is not required. Treaty Trader may engage in study if it is incidental to the primary purpose of the stay in the US and valid E visa status is maintained. Dependents of E-1 treaty trader are permitted to be employed in the US (work permit is required) and they may engage in full or part time study.
  14. E-2 Treaty Investor in the US to develop and direct the operations of an enterprise in which he/she has invested substantial capital, or an employee of such company. Must be based on a treaty between his/her country and the US. May only be employed by the trade-qualifying company through which the foreign national obtained the visa status.  Treaty Investor may engage in study if it is incidental to the primary purpose of the stay in the US and valid E-2 visa status is maintained. Dependents of E-2 visa holders are permitted to be employed in the US (work permit is required) and they may engage in full or part time study.
  15. E-3 Australian Professional Specialty.  Available to Australian nationals entering the US to work in a “specialty occupation” as defined in the terms of the H-1B program.  Visa is usually issued 2 years at a time indefinitely. There are only 10,500 visas available each year. Dependents of E-3 visa holders are permitted to be employed.
  16. F-1 – an individual in the US engaging in a full course of academic study at an accredited academic education program. May include elementary school, academic high school, college/university conservatory or language training.  May be permitted to be employed on school campus in which they are enrolled for a maximum of 20 hours per week while classes are in session, or 40 hours per week during school vacations. Requires approval of the International Student Advisor (ISA). No approval is needed from USCIS for campus work.  May be permitted to work off-campus during their enrollment under certain circumstances.  This requires approval of the ISA on Form 20 and an EAD card issued by the USCIS. Permitted to participate in employment directly related to their field of study – CPT or OPT.
  17. F-2  Dependents of F-1 visa holders.  Dependent family members are not permitted to work in the US under any circumstances but may engage in full or part-time study.
  18. F-3  Canadian or Mexican national commuter student travelling across the border to take classes part-time or full-time studies in the US. Not permitted to work on or off campus unless they meet the eligibility requirements for curricular practical training (CPT) which employment must be related to the student’s field of study. Family members are not entitled to derivative F-3 visa.
  19. G-1 Diplomats or Permanent Mission Members of a recognized government to a designated international organization and their dependents e.g. United Nations, travelling to the United States pursuant to their official duties. Principal G visa holders are ONLY permitted to be employed by the foreign government entity or international organization they represent. They may engage in study if incidental to the primary purpose of the stay in the US and valid G visa status is maintained.  G-1 dependents may be employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, pursuant to any restrictions stated in the regulations or cited on the Employment Authorization Document. G-1 dependents may engage in full-time or part-time study.
  20. G-2 Representatives of a recognized government traveling to the United States temporarily to attend meetings of a designated international organization.  Principal G visa holders are ONLY permitted to be employed by the foreign government entity or international organization they represent. They may engage in study if incidental to the primary purpose of the stay in the US and valid G visa status is maintained.  G-2 dependents may be employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, pursuant to any restrictions stated in the regulations or cited on the Employment Authorization Document issued by the USCIS.  They may engage in full-time or part-time study.
  21. G-3 Representatives of non-recognized or non-member governments to international organizations, their immediate family members. Principal G visa holders are ONLY permitted to be employed by the foreign government entity or international organization they represent. They may engage in study if incidental to the primary purpose of the stay in the US and valid G visa status is maintained.  G-3 dependents may be employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, pursuant to any restrictions stated in the regulations or cited on the Employment Authorization Document issued by the USCIS. They may engage in full-time or part-time study.
  22. G-4 Individuals who are proceeding to the United States to take up an appointment at a designated international organization, including the United Nations. Principal G visa holders are ONLY permitted to be employed by the foreign government entity or international organization they represent. They may engage in study if incidental to the primary purpose of the stay in the US and valid G visa status is maintained.  G-4 dependents may be employed if they present a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, pursuant to any restrictions stated in the regulations or cited on the Employment Authorization Document issued by the USCIS. They may engage in full-time or part-time study.
  23. G-5 Personal employees, attendants, domestic workers, or servants of individuals who hold a valid G-1 through G-4 visa.  They are only permitted to work by the foreign government official.  May engage in study if incidental to the purpose of the stay in the US.
  24. H-1B  Alien in a specialty occupation in the US to perform services of a professional nature for a sponsoring employer in a specific position for a fixed period of up to 3 years. Extension for an additional 3 years is possible for a 6 year maximum of stay.  Employment is permitted only with the petitioning organization through whom the visa classification was obtained.  H-1B visa holders are prohibited from receiving payments from other organizations.  However, it is possible for an individual to obtain USCIS approval to work in H-1B status for more than one employer.  Each employer must petition USCIS and receive an approval for the employment of the alien.  No EAD card is required.  May engage in study if incidental to the primary purpose of the stay in the US while maintaining a valid visa.
  25.  H-1C Nurses in Health Professional shortage areas.  An individual who enters the US to perform temporary services as a Registered Nurse in a health professional shortage area as determined by the US Department of labor.  Generally, they are admitted for 3 years.
  26. H-2A Temporary or Seasonal Agricultural Workers.  An individual in the US to perform agricultural work on a temporary or seasonal nature. Maybe employed ONLY by the petitioning employer through whom the visa status was obtained for the specific period of time as indicated by the USCIS. No EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.
  27. H-2B Temporary Worker in the US to engage on non-agricultural employment which is seasonal, intermittent, to meet a peek load need, or for a one-time occurrence where US workers are unavailable. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services. Maybe employed ONLY by the petitioning employer through whom the visa status was obtained for the specific period of time as indicated by the USCIS. No EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.  66,000 visas issued in a fiscal year.
  28. H-3 Trainee.  An individual in the US for a temporary period of time to participate in a training program provided by a specific employer and said training program is not available in the applicant’s country. Training will not involve productive employment unless it is incidental and necessary to the training and will benefit the applicant in pursuing a career outside the US. May engage in study if incidental to the primary purpose of the stay in the US while maintaining a valid visa status.  H-3 dependents may not work in the US.  H-3 Temporary Trainee Visas are usually issued for the duration of the training program (up to 2 years). Extensions may be granted, but within the 2-year limit.
  29. H-4 Dependents of H visa holders are not allowed to work in the US but they may engage in full-time or part-time study and need not apply for a student visa.
  30. J-1 Exchange Visitor (Student).  An individual in the US as an exchange visitor for the primary purpose of studying at an academic institution under the auspices of the USIA and a Designated Sponsor.  Maybe employed on the campus of the school in which the student is enrolled to a maximum of 20 hours per week with prior written authorization from the responsible officer of his/her Exchange Visitor Program.  May also work off-campus under limited circumstance provided they have obtained prior written authorization from the responsible officer.  No EAD is required. Eligible for 18 months of academic training following the completion of the program (36 months for Post Doctoral Training). May study full-time or part-time ONLY if authorized by International Advisor in advance.
  31. J-1 Exchange Visitor (Scholar, Professor or Researcher). An individual in the US as a visiting researcher or professor under the auspices of the USIA and a Designated Program Sponsor. May be employed only by the Exchange Visitor Program Sponsor or appropriate designee and within the guidelines of the program approved by the USIA for the period of validity as stated on the IAP-66. Under limited circumstances, they may receive compensation from other institutions provided prior written authorization for the responsible officer of their Exchange Visitor Program has been secured.  IAP -66 form authorizes employment and no EAD card from USCIS is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid J-1 visa status. May not enroll in a formal degree granting academic program while in J-1 visa status as a professor or researcher.
  32. J-1 Au Pair. An individual in the US under the auspices of the USIA and a Designated Program Sponsor to serve as a live-in child care provider for a host family. Eligible to receive payment only from the host family or the program sponsor for child care services not to exceed 45 hours per week. May enroll in “post secondary institutions” while maintaining J-1 status as an au pair.
  33. J-2 Dependents of J-1 visa holders (Students or Professors or Scholars or Researchers). Eligible to apply for USCIS work permit and must have an EAD issued by the USCIS.  May engage in full-time or part-time study.
  34. K-1 Fiance of a United States Citizen and visa is issued to the fiancé who is entering the US and planning to marry within 90 days from entering the country. Eligible to apply for USCIS work permit and must have an EAD card issued by the USCIS.
  35. K-2 Child under 21 of a K-1 visa applicant to enter the US and await applicant to enter the US and await the availability of an immigrant visa. Eligible to apply for USCIS work permit and must have an EAD card issued by the USCIS. May engage in full-time or part-time study.
  36. K-3 Foreign-born Spouse of United States Citizen who is entering the US while a petition for an immigrant visa is pending with the USCIS. Eligible to apply for USCIS work permit and must have an EAD card issued by the USCIS. May engage in full-time or part-time study.
  37. K-4 Child of a K-3 visa applicant  to enter the US and await immigrant visa availability. Eligible to apply for USCIS work permit and must have an EAD card issued by the USCIS. May engage in full-time or part-time study.
  38. L-1 Intracompany Transferee Executive, Managerial and Specialized Knowledge Personnel. An individual in the US who has been transferred from a subsidiary, affiliate or branch office overseas to the US to work in an executive, managerial or specialist capacity. Permitted to be employed ONLY by the petitioning company through which the visa status was obtained for the period of time indicated by the USCIS. No EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid L-1 visa status.
  39. L-2 Dependents (spouse and children under 21) of L-1 visa holder. NOT permitted to work or receive payment from any US source. May engage in full or part-time study.
  40. M-1 Vocational Student enrolled in a vocation school or program in the US. Permitted to be employed for practical training following completion of studies for a maximum of 6 months. Must apply for EAD from USCIS and employment must be related to his/her field of study and recommended by an endorsement of the I-20 by the Designated School Official. Employer must re-verify employment authorization after the expiration date on the EAD card. Must study full-time but part-time study may be allowed if authorized by the International Student Advisor.
  41. M-2 Dependents of M-1 visa holders. NOT permitted to be employed or receive compensation from any source but may engage in full or part-time study from any US source.
  42. M-3 Canadian or Mexican National Commuter Student (vocational student or other nonacademic student).  NOT permitted to be employed or receive compensation from any US source. Dependents are NOT entitled to M-2 status.
  43. N-8 Parent of an Alien Classified SK3 or SN3 “Special Immigrant”. An individual in the US as a member of the armed services of the nations of NATO, staff members, attendants, servants and personal employees of NATO personnel. Payments limited to funds provided by NATO. May engage in study while maintaining valid visa status.
  44. N-9 Child of N-8, SK-1, SK-2 or SK-4. Dependents are eligible to apply for work permit through the USCIS and must be issued EAD card. Employer must re-verify after expiration date of the EAD card.
  45. NATO-1 Principal Permanent Representative of Member State to NATO (including any or its Subsidiary Bodies); Resident in the US and Resident Members of Official Staff; Secretary General, Assistant Secretary General and Executive Secretary of NATO; other Permanent NATO officials of similar rank, or immediate family. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permits through USCIS and must be issued EAD card. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  46. NATO-2 Other Representatives of Member State to NATO (including any if its Subsidiary Bodies) including Representatives, its Advisers and Technical Experts or Delegations, Members of Immediate Family; Dependents of Member of a Force Entering in Accordance with the Provisions Status-of-Forces Agreement or in accordance with the provisions of the Protocol on the Status of International Military HQ; Members of such a force or immediate family if issued visas. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permit through the USCIS and must be issued EADs. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  47. NATO-3 Official Clerical Staff Accompanying Representatives of Member State to NATO (including any of its Subsidiary Bodies) or immediate family. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permit through the USCIS and must be issued EADs. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  48. NATO-4 Official of NATO other than those classifiable as NATO-1) or immediate family. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permit through the USCIS and must be issued EADs. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  49. NATO-5 Expert other than NATO Officials classifiable under the NATO-4, Employed in Missions on behalf of NATO, and their dependents. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permit through the USCIS and must be issued EADs. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  50. NATO-6 Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied HQ Under the Protocol on the Status of International Military HQ set up pursuant to the North Atlantic Treaty and their dependents. Payment limited to funds provided by NATO. Dependents are eligible to apply for work permit through the USCIS and must be issued EADs. Employer must re-verify after expiration date of the EAD card. My engage in full or part-time study while maintaining valid visa status. Visa valid for duration of status.
  51. NATO-7 Attendant, Servant or Personal Employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 and NATO-6 classes, or immediate family.
  52. O-1 An individual of extraordinary ability in Sciences, Arts, Education, Business, or Athletics who is in the US to work for a sponsoring employer organization. May be employed and compensated ONLY by the petitioning employer or agency through which the visa status was obtained. No EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.
  53. O-2 Accompanying Personnel. People that accompany and assist an O-1 visa holder in a specific athletic or artistic event or in the motion picture or television industry; O-2 visas are not available for those who accompany or assist O-1 visa holders in education, science or business. May be employed and compensated ONLY by the petitioning employer or agency through which the visa status was obtained. No EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.
  54. O-3 Spouse and children of O-1 and O-2 visa holders. Not permitted to be employed or receive compensation from any US source. May engage in part-time of full-time study.
  55. P-1 Internationally Recognized Athletes or Member of Internationally Recognized Entertainment Group and members of the essential support personnel. Maybe employed and compensated ONLY by the petitioning employer or agency through which the visa status was obtained. If the petition was submitted by an agent on behalf of several employers, all entities must have been included on the itinerary at the time of the USCIS approval of the application. A member of a group may NOT perform services separate and apart from the entertainment. Form I-797 authorizes employment and no EAD card is required. May engage in study if incidental to the primary purpose of the stay in the IS while maintaining valid visa status.
  56. P-2 artist or Entertainer in a Reciprocal Exchange Program. An individual in the US as an artist or entertainer, individually or as a group, who will be performing under a reciprocal exchange program between an organization in the US and one in a foreign state. Maybe employed and compensated ONLY by the petitioning employer or agency through which the visa status was obtained. If the petition was submitted by an agent on behalf of several employers, all entities must have been included on the itinerary at the time of the USCIS approval of the application. A member of a group may NOT perform services separate and apart from the entertainment. Form I-797 authorizes employment and no EAD card is required. May engage in study if incidental to the primary purpose of the stay in the IS while maintaining valid visa status.
  57. P-3 Artist or Entertainer in a Culturally Unique Program. An individual in the US as an artist or entertainer individually or as a group, recognized for excellence in developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation. Maybe employed and compensated ONLY by the petitioning employer or agency through which the visa status was obtained. If the petition was submitted by an agent on behalf of several employers, all entities must have been included on the itinerary at the time of the USCIS approval of the application. A member of a group may NOT perform services separate and apart from the entertainment. Form I-797 authorizes employment and no EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.
  58. P-4 Spouse of Child of P-1, P-2 or P-3 visa holder. Not permitted to be employed or receive compensation from any US source. May engage in part-time or full-time study.
  59. Q-1 Participant in an International Cultural Exchange Program approved by the Attorney General to provide practical training, employment, and the sharing of the history, culture and traditions of the foreign national’s country (also known as the Disney Visa).  May be employed and compensated only by the petitioning employer or agency through which the visa was obtained. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid visa status.
  60. Q-2 Irish Peace Process Cultural and Training Program (Walsh Visa).  Individuals 35years of age or younger (21) from Northern Ireland or certain countries within the Republic of Ireland coming temporarily to the US for a period not exceed 36 months to participate in a cultural and training program for the purpose of practical training, employment and the experience of co-existence and conflict resolution in a diverse society.  Participants may only be employed by the program-approved employer named on their certifying documentation. No work permit is required.
  61. Q-3 Spouse or child of Q-2. Not permitted to be employed in the US but may engage in study.
  62. R-1 Alien in a Religious Occupation.  An individual in the US as a member of a bona fide religious denomination carrying out the activities of a religious worker. May be employed and compensated only by the religious organization through whom the status was obtained. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid R visa status.
  63. R-2 Dependents of R-1 visa holder. Not permitted to be employed or receive any compensation from any US source. May engage in full or part time study.
  64. S-5 Certain aliens supplying critical information to federal or state authorities relating to a criminal organization or enterprise which information is essential to the success of a criminal investigation. Or, individuals in the US to supply such critical information who are eligible for a reward under State Department Legislation. May apply for work permit from the USCIS. EAD card is required.  May engage in full or part-time study while maintaining valid S-5 visa status.
  65. S-6 Certain Aliens Supplying Critical Information Relating to Terrorism to to federal or state authorities relating to a criminal organization or enterprise which information is essential to the success of a criminal investigation. Or, individuals in the US to supply such critical information who are eligible for a reward under State Department Legislation. May apply for work permit from the USCIS. EAD card is required.  May engage in full or part-time study while maintaining valid visa status.
  66. S-7 Dependents of S-5 and S-6. May apply for work permit from the USCIS. EAD card is required.  May engage in full or part-time study while maintaining valid visa status.
  67. T-1Alien who was a victim of a severe form of trafficking in persons. Eligible to work incident to status. EAD card is required. May engage in full or part-time study while maintaining valid visa status. May be eligible after three years  to adjust their status to that of lawful permanent resident in accordance with federal law and USCIS regulations. In appropriate circumstances, these visas may be available to family members of the victim. By statute, only 5,000 T visas and 10,000 U visas may be issued to victims annually. These limits do not apply to family members.
  68. T-2 Spouse of a T-1 visa holder. Eligible to apply for work permit. EAD card is required. May engage in full or part-time study while maintaining valid visa status.
  69. T-3 Child of a T-1 visa holder. Eligible to apply for work permit. EAD card is required. May engage in full or part-time study while maintaining valid visa status.
  70. T-4 Parent of a T-1 visa holder (if T-1) victim is under 21 years old. Eligible to work incident to status. EAD card is required. May engage in full or part-time study while maintaining valid visa status.
  71. T-5 Unmarried sibling under the age of 18 of a T-1 visa holder under the age of 21.
  72. TN NAFTA Trade NAFTA for citizens of Mexico and Canada.  Individuals in the US to perform professional services for a sponsoring employer in a specific position for a fixed period of time. Eligible to be employed only by the petitioning employer through whom the status was obtained in an activity in accordance with the provisions of the treaty. Canadians require only an I-94 card as employment authorization. Mexicans require Form I-797. N EAD card is required. May engage in study if incidental to the primary purpose of the stay in the US while maintaining valid TN visa status.
  73. TD Spouse or child of a NAFTA professional. They are not permitted to be employed in the US but may engage in full or part time study.
  74. TPS Temporary Protected Status. A temporary immigration status granted to eligible nationals of designated countries (or parts thereof) such as El Salvador, Honduras, Nicaragua, Somalia and Sudan. The Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS.
  75. U-1 Victim of certain crimes
  76. U-2 Spouse of U-1 visa holder
  77. U-3 Child of U-1 visa holder
  78. U-4 Parent of U-1 visa holder if U-1 is under 21 years old
  79. V-1 Spouse of a Lawful Permanent Resident Alien. An individual who is the principal beneficiary of a family base petition (Form I-130) which was filed prior to 12/21/00 and has been pending for at least 3 years. Eligible to apply for work permit from the USCIS. EAD card is required for employment. May engage in full or part-time study.
  80. V-2 Child of a Lawful Permanent Resident who is the beneficiary of a family based petition (Form I-130) which was filed prior to 12/20/00 and has been pending for at least 3 years. Eligible to apply for work permit from the USCIS. EAD card is required for employment. May engage in full or part-time study.
  81. V-3 Derivative child of a V-1 or V-2 nonimmigrant visa holder. Persons in V-1, V-2 or V-3 status are eligible to apply for a work permit through the USCIS. May engage in full or part time study.
  82.