Visas - General Information

NON IMMIGRANT VISA OVERVIEW

• Non-immigrant visas are for international travelers, (citizens of other countries), coming to the U.S. temporarily. These visas allow an individual to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not guarantee entry into the United States.

  
  

  International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work. The type of visa needed is defined by immigration law, and relates to the principal purpose of your travel. For an overview of the types of non-immigrant visas available under immigration law, please see below.

  
  

  Non-immigrant visas processed or handled by ISS:

B1   Individuals conducting general short-term business activities

 

B Visa Information  

The consular officer may require verification for obtaining the visa.

A B visa applicant must meet 3 requirements:

1. The visitor must have a foreign residence that he/she intends to maintain;
2. The visit must be temporary; and
3. The objective for the visit is for business or tourist purposes.

The B visa excludes those people coming to study, work or represent the foreign press or information media.

A B classification also includes the following under certain limited circumstances:

1. Religious ministers and missionaries;
2. Board members of U.S. corporations;
3. Servants of non-immigrants or certain U.S. citizens here temporarily;
4. Professional athletes;
5. Entertainers;
6. Employees of foreign airlines; and
7. Persons who would ordinarily qualify for H-1 or H-3 qualifications.

A dependent (spouse or child) of a B-1 visa holder is considered a B-2 non-immigrant when accompanying a person on a B-1 visa.

 

 

Validity Term

A B-1 visa is valid for periods ranging form 1 to 10 years. However any single entry into the US is normally limited to 3 months for business visitors and 6 months for tourist visitors. In certain situations entry into the US can be as long as 12-months

 

Individuals conducting general short-term business activities including:

 

1. Engaging in commercial transactions which do not result in employment in the United States;

2. Negotiating contracts or sales agreement;

3. Job interviews;

4. Equipment set-up or installation

5. Consulting with business associates;

6. Participating in scientific, educational, professional or business conventions, conferences, training or seminars; or

7. Undertaking independent research,

8. Individuals traveling to the US for tourist purposes to include:

a. Vacation / tourism

b. Visiting friends or relatives

c. Conferences or conventions

d. Medical treatment

e. Visiting family members who are crewmen or belong to the Armed Forces

f. Entering as a dependant of an alien in a different visa category that does not provide for an associated dependant visa

 

 

 

E1 VISAS are Designed for use by business owners, managers, and employees in order to allow them to oversee a business that is engaged in substantial trade in the U.S.

 E2 VISAS   Granted for applicants who want to enter the United States solely to develop and direct the operation of an enterprise in which they have invested a substantial amount of capital. An E-2 is also valid for their employees and members of their immediate family.

    

E-1 Information

       

 Basic Requirements Summary

 

Applicants are not required to submit the typical I-129 Petition, rather, application procedures may be completed entirely abroad through a U.S. Consulate The candidate need not maintain foreign residence as long as the person declares an intention to leave the U.S. upon the expiration of the visa.

Three Necessary Requirements

 

 

• A treaty of Freedom, Commerce and Navigation (FCN) or Bilateral Investment Treaty (BIT) must exist between the U.S. and the specific foreign country X
• The company ownership/control must be held by nationals of foreign country X
• Each individual person seeking this status must be a citizen of country X

 

 

 

The State Department provides the list of countries with which treaties exist. See the end of this document for a list of qualifying countries.

There are special conditions that exist with a limited number of countries

China, Eritrea, United Kingdom

 

  

 

Measured by volume, number of transactions, and continued course of trade. The flow of trade items must be existing, continuous, and numerous – a single transaction no matter how large will not constitute substantial trade.

Principal Involvement by U.S. company

More than 50% of the total volume of international trade must consist of trade between the U.S. and the treaty country

Typical Duties for Key Employees of E-1 Treaty Trader or Entity

 

• Those performing supervisory or executive duties.
• Those serving in lower positions with skills that are "essential to the successful operation of the enterprise".

 

THE COUNTRIES THAT MAINTAIN E.1 TREATY STATUS WITH THE UNITED STATES

 INCLUDE:

 

 

 • Yugoslavia

• Argentina

• Australia

• Austria

• Belgium

• Bolivia

• Bosnia & Herzegovnia

• Brunei

• Canada

• Chile

• China (Taiwan)

• Colombia

• Costa Rica

• Croatia

• Denmark

• Estonia

• Ethiopia

• Finland

• France

• Germany

• Greece

• Honduras

• Ireland

• Israel

• Italy

• Japan

• Jordan

• Korea (South)

• Latvia

• Liberia

• Luxembourg

• Macedonia

• Mexico

• Netherlands

• Norway

• Oman

• Pakistan

• Paraguay

• Philippines

• Singapore

• Slovenia

• Spain

• Suriname

• Sweden

• Switzerland

• Thailand

• Togo

• Turkey

• United Kingdom

 

  

 

If a company or investor/trader is unable to qualify for either of the E category visas or if there is no treaty, then alternative visas may be appropriate:

L-1: Intra-company Transferees

B-1: Business Visitors

H-1B: Specialty Occupation

Validity Term

Initial period is 2 years; there are unlimited extensions available as long as requirements are met.

Extensions to the initial two-year period occur two ways.

1. Automatically if the alien leaves the U.S. and is readmitted
2. Through an application for extension (2 yr. increments) with the CIS

Dependents

 

Dependents (spouses and minor children) may accompany the primary visa holder. Dependent spouses of E-1 visa holders can obtain work authorization during their stay in the US. The expiration of the dependents’ visas is co-terminus with the expiration date of the primary visa holder. In addition, the spouse and minor children of the principal E applicant can be granted dependent E status regardless of nationality.

  

 E-2 information

      

Description

 

Granted for applicants who want to enter the Untied States solely to develop and direct the operation of an enterprise in which they have invested a substantial amount of capital. An E-2 is also valid for their employees and members of their immediate family.

Basic Requirements Summary

Applicants are not required to submit the typical I-129 Petition, rather, application procedures may be completed entirely abroad through a U.S. Consulate. The candidate need not maintain foreign residence as long as the person declares an intention to leave the U.S. upon the expiration of the visa.

Three Necessary Requirements

• A treaty of Freedom, Commerce and Navigation (FCN) or Bilateral Investment Treaty (BIT) must exist between the U.S. and the specific foreign country X
• The company ownership/control must be held by nationals of foreign country X
• Each individual person seeking this status must be a citizen of country X

Treaty Requirement

The State Department provides the list of countries with which treaties exist that we have included below.

There are special conditions that exist with a limited number of countries:

China, Iran, Eritrea, United Kingdom

Specific Candidate Requirements

The investor must make an active, substantial investment in a bona fide business entity that has the capacity to generate income.

Active Investments include funds that are irrevocably committed. Passive or speculative investment such as the possession of undeveloped land or securities of a business in which the investor is not engaged, are examples of Non-Active investment.

Substantial Investments are considered with no general rule in mind. Multi-million dollar investments will always be considered substantial. Typically the investment must meet a sliding scale proportion of the value of the enterprise or be an amount considered necessary to start the desired business enterprise. Note – Only investments in which the investor is personally at risk will be counted as substantial.

Similar to the E-1 trade requirement that the individual be a key member of the company, here the individual seeking entry under the E-2 must be responsible for the direction and development of the investment.

  

 

    

Typical Duties for Key Employees of E-2 Investor or Business Entity

• Those performing supervisory or executive duties.
• Those serving in lower positions with skills that are "essential to the successful operation of the enterprise".

Note

– skills with language are not recognized and the specialty skill must be directly essential to the company

Alternatives to the E-category

If a company or investor/trader is unable to qualify for either of the E category visas or if there is no treaty, then alternative visas may be appropriate:

L-1: Intra-company Transferees

B-1: Business Visitors

H-1B: Specialty Occupations

Validity Term

Initial period is 2 years; there are unlimited extensions available as long as requirements are met.

Extensions to the initial two-year period occur two ways.

1. Automatically if the alien leaves the U.S. and is readmitted.
2. Through an application for extension (2 yr. increments) with the INS

Dependents

Dependents (spouses and minor children) may accompany the primary visa holder. Dependent spouses of E-2 visa holders can obtain work authorization during their stay in the US. The expiration of the dependents’ visas is co-terminus with the expiration date of the primary visa holder. In addition, the spouse and minor children of the principal E applicant can be granted dependent E status regardless of nationality.

The countries that maintain E-2 treaty status with the United States include:

• Albania

• Argentina

• Armenia

• Australia

• Austria

• Azerbaijan

• Bahrain

• Bangladesh

• Belgium

• Bolivia

• Bosnia & Herzegovina

• Bulgaria

• Cameroon

• Canada

• Chile

• 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

• Korea (South)

• Kyrgyzstan

• Latvia

• Liberia

• Lithuania

• Luxembourg

• Macedonia

• Mexico

• Moldova

• Mongolia

• Morocco

• Netherlands

• Norway

• Oman

• Pakistan

• Panama

• Paraguay

• Philippines

• Poland

• Romania

• Senegal

• Singapore

• Slovak Republic

• Slovenia

• Spain

• Sri Lanka

• Suriname

• Sweden

• Switzerland

• Thailand

• Togo

• Trinidad & Tobago

• Tunisia

• Turkey

• Ukraine

• United Kingdom

• Yugoslavia