Areas of Practice

Nonimmigrant Visas/Status

Nonimmigrants are foreign nationals admitted to the United States for a specific purpose. For example, there are nonimmigrant workers, investors, visitors, students, and many more. A nonimmigrant’s status in the United States determines how long they can be in the U.S. and the type of activities they can undertake while in the U.S., such as work, travel, or be accompanied by family members. Each visa or status classification also has its own application process, sometimes involving several U.S. government agencies. I work with foreign nationals, employers, and family members to help them obtain the right visa or status for accomplishing their goal of being in the U.S. Below are some of the most common nonimmigrant visas.

Nonimmigrant work visas/status:

o   E-1 – Treaty traders and qualified employees and their spouses and children

o   E-2 – Treaty investors and qualified employees and their spouses and children

o   H-1B – Temporary Workers in specialty occupations

o   H-1B1 – Chile and Singapore Free Trade Agreement aliens

o   H-2A – Agricultural Workers

o   H-2B – Non-agricultural Workers

o   H-3 – Trainees

o   H-4 – Spouses and children of H-1, H-2, or H-3

o   L-1A - Intracompany transferees in managerial or executive positions

o   L-1B – Intercompany transferees in positions utilizing specialized or advanced knowledge

o   L-2 – Spouses and children of L-1

o   O-1 – Workers with extraordinary ability and achievement

o   O-2 – Workers accompanying and assisting in performance of O1 workers

o   O-3 – Spouses and children of O1 and O2

o   P-1A - Internationally recognized athletes or entertainers

o   P-1B - Internationally recognized entertainers or members of internationally recognized entertainment groups.

o   P-2 - Artists or entertainers in reciprocal exchange programs

o   P-3 - Artists or entertainers in culturally unique programs

o   P-4 – Spouses and children of P1, P2, or P3

o   R-1 - Workers in religious occupations

o   R-2 - Spouses and children of R1

o   TN - North American Free Trade Agreement (NAFTA) professional workers

o   TD - Spouses and children of TN

Nonimmigrant student or exchange visas/status:

o   F-1 – Academic Students

o   F-2 – Spouses and children of F-1

o   M-1 – Vocational Students

o   M-2 – Spouses and children of M-1

o   J-1 – Exchange visitors

o   J-2 – Spouses and children of J-1

Nonimmigrant visitors visas/status:

o   B1 – Visitor visa for business

o   B2 – Visitor visa for pleasure or medical treatment

o   WT – Visa Waiver Program

Nonimmigrant visas for fiancés and children of U.S. citizens:

o   K-1 – Fiancé of U.S. citizen

o   K-2 – Children of K-1

Nonimmigrant visas for family members of U.S. citizens and Lawful Permanent Residents:

o   K-3 – Spouses of U.S. citizens, immigrant visa pending

o   K-4 – Children of U.S. citizens, immigrant visa pending

o   V-1 – Spouses of permanent residents, immigrant visa pending

o   V-2 – Children of permanent residents, immigrant visa pending

Nonimmigrant visas/status for victims of crimes:

o   T-1 – Victims of human trafficking

o   U-1 – Victim of criminal activity

If would like to know more about whether you qualify for a nonimmigrant visa or status, contact Prebisch Law Firm today.