Descriptions
of Temporary Visas to U.S.
Here is a simple description
of the most frequently obtained U.S. Temporary visas. As you read
this list, remember this: the most useful permits for our Canadian
citizen clients will be these:
Canadian citizens can get
these three permits right on the spot, at the Port of Entry to
the United States.
B
Visas
B visas are for bonafide tourists or for individuals
seeking to enter the United States to attend business meetings
or conference, engage in buying or selling, oversee contracts
on behalf of one’s foreign employer, or participate in
other business ventures. As well, an individual may be issued
a B Visa to attend a training course being offered by a foreign
company operating in the United States, or if they are an employee
of a foreign based company seeking entrance to the U.S. to provide
consulting services to a United States company. B Visas may
also be obtained to enter the United States to work as a volunteer
for an American organization.
D
Visas (Foreign Crew)
This visa is for paid crew members of foreign airlines
or ships who will be arriving in the United states and departing
on the vessels or aircrafts of the same employer.
E
Visas (Treaty Investors and Traders)
Nationals of certain countries that have entered
into treaties containing treaty trader or investor provisions
with the United States are eligible for this category of visa.
Investors:
To obtain an investor visa, an individual or corporation must
place a substantial amount of funds at risk in a United States
enterprise. This investment cannot be marginal. To demonstrate
the investment is not marginal, the applicant must show that
the return on the investment does more than simply provide a
living for her/him. There is no maximum or minimum amount of
funds that needs to be invested; it wholly depends upon the
type of business entered into. Also, a certain proportion of
the total investment must come directly from the investor and
not be secured against the assets of the enterprise in the United
States.
Traders:
To obtain a trader visa, the applicant must demonstrate that
the U.S. enterprise is involved in a substantial amount of trade
with the applicant’s country of nationality. This usually
means that more than 50% of the U.S. operation’s trade
is with the country of nationality.
Some countries that have entered into a
treaty with the United States include: Argentina, Bangladesh
(investor only), Canada, Pakistan, and the United Kingdom. This
is not an exhaustive list.
F Visa (Academic
and language Students)
This visa enables foreigners to study in the United
States in full-time academic or language programs that will
lead to a degree or certificate.
H-1B
Visas (Specialty Occupations)
This visa is for professionals in specialty occupations
who are seeking entrance to the United States to work in their
field of expertise. Such a person must be "clearly professional."
This means that s/he must possess either a baccalaureate degree
or have amassed the equivalent employment experience or a combination
of the two. An individual who is "clearly professional"
may include, for example, accountants, lawyers, doctors, engineers,
management consultants and systems analysts. This list is not
exhaustive. Before filing a petition for an H-1B applicant,
the United States employer must obtain approval of a labour
condition application from the Department of Labor in the occupational
specialty in which s/he will be employed.
J
Visas (Exchange Visitors/Student Programs)
J visas enable foreigners to enter the United States
for study and/or research or to work in businesses or participate
in training programs offered by United States companies. To
be eligible to participate in an exchange program the individual
must be a bonafide student, scholar, medical graduate, trainee,
teacher, professor, research assistant, or leader in a filed
of specialized knowledge or skill seeking entry to the United
States on a temporary basis to teach, instruct, lecture, study,
observe, conduct research, consult, demonstrate ones’ skills
or receive training. Alternatively the individual may be the
employee of a multinational company coming to the United States
to gain experience at the company’s United States office.
K Visas (Fiancés/Fiancées
of United States Citizens)
This visa is for the foreign, future spouse of a United States
citizen. It is available to applicant who are seeking entry
to the United States to marry one’s fiancé or fiancée and
the wedding is going to take place within 90 days of one’s
arrival in the U.S.
L Visas (Intra-Company
Transfer)
This visa allows foreign companies in the United States
to transfer staff from overseas offices to work in their United
States offices. It also allows United States companies with
offices overseas to bring in foreign nationals to work for them.
An applicant may gain temporary entry to the United States pursuant
to this category if within the three years preceding his/her
application, she/he has been employed, for one continuous year
as an executive, manager, or specialized employee for a foreign
corporation that has branches, subsidiaries, affiliate, or joint
venture in the United States. Alternatively, the foreign company
may be the parent company of the United States counterpart for
which the applicant will be working. In either case, both the
foreign and United States companies must be actively involved
in the trade of goods or services.
This category is extremely useful as it
is ultimately easier to obtain permanent resident status in
the United States if one is initially an intra-company transferee
in a managerial or executive capacity.
O Visas (Extraordinary
Ability)
A qualified individual may be authorized to enter the
United States to perform services relating to an event or events
if petitioned for by an employer. Under this category, s/he
may be classified as a person who has extra-ordinary ability
in the sciences, arts, education, business or athletics, or
who has demonstrated a record of extra-ordinary achievement
in the motion picture or television industry. Recognition on
a national or international basis in one’s field is required
to establish "extra-ordinary ability".
P Visas (Athletes
or Entertainment Groups)
An individual may be authorized to come to the United
States temporarily to perform services for an employer or sponsor
if the applicant is seeking entry to the United States to perform
services as an internationally recognized athlete, member of
an internationally recognized entertainment group or perform
an integral and essential part in the performance.
Q Visa (Cultural
Exchange Workers)
This visa is for people seeking entry to the United
States to participate in international cultural exchange programs.
In each case, it must be demonstrated that the program in which
the applicant will be participating, will advance the knowledge
of the history, culture, and traditions of the applicant’s
country.
R Visas (Religious
Workers)
This visa allows ministers and religious workers employed
by religious, non profit organizations to work for affiliated
organizations in the United States. An applicant must be a minister
of religion, a professional religious worker or one involved
in a religious vocation or occupation, or a general employee
working for a religious, non profit denomination in order to
qualify for this visa.
TN Visas
(NAFTA Professionals)
Under the North American Free Trade Agreement citizens
of Canada in certain professions may enter the United States
to work for a U.S. company or may be sent by their Canadian
employer to perform work in the United States. In order to qualify
for TN "Professional" status, the intended activity
to be performed in the United States must be in a profession
listed in Appendix 1603.D.1 of NAFTA and the applicant must
possess the required credentials to be considered a "professional".
Some of the qualifying professional titles include: Systems
Analyst, Engineer, Scientific Technician, Medical Laboratory
Technicians, Lawyers, Hotel managers, Management Consultants,
Accountants, Journalists and Architects. While many of the listed
professions require a minimum of a Baccalaureate degree, some
professions only require a post-secondary diploma plus several
years of work experience to qualify for the TN visa.
Free U.S. Temporary Visa Assessment: