Non-Immigrant Visas

E-2: Treaty Investor Visa

• Nationality: The investor (individual, partner, or corporate entity) must possess the nationality of a treaty country. If a business, at least 50% must be owned by nationals of the treaty country.

• Substantial Investment: The investment must be substantial and irrevocably committed. It must be sufficient to ensure the successful operation of the enterprise.

• Real Operating Enterprise: The investment must be in a real, active commercial undertaking. Speculative or idle investments (e.g., uncommitted funds in a bank account or undeveloped land) do not qualify.

• Marginality: Under 9 FAM 402.9, the enterprise must generate significantly more income than just providing a living for the investor and their family, or it must have the capacity to make a significant economic contribution.

• Risk & Control: The investor must manage the funds, and the investment must be “at risk” in the commercial sense. If the investment is not subject to partial or total loss, it does not meet the requirements of INA 101(a)(15)(E). Loans secured by the assets of the investment enterprise are not permitted.

• Purpose of Entry: The primary purpose must be to develop and direct the enterprise. If the applicant is not the principal investor, they must be employed in a supervisory, executive, or highly specialized capacity.

• Intent to Depart: The applicant must intend to depart the U.S. upon the termination of their E-2 status.

E-1: Treaty Trader Visa

• Nationality: The applicant must be a national of a treaty country.

• Company Ownership: The trading firm must have the nationality of the treaty country (at least 50% ownership by treaty nationals).

• Substantial Trade: There must be a substantial and continuous flow of international trade (exchange of goods, services, or technology).

• Principal Trade: More than 50% of the international trade must be between the U.S. and the treaty country.

• Role: The applicant must be employed in a supervisory or executive capacity or possess highly specialized skills essential to the efficient operation of the firm.

• Intent to Depart: The applicant must intend to depart the U.S. upon the termination of their E-1 status.

Employment & Professional Visas

• H-1B (Specialty Occupations): For professionals in specialized fields. Requires a bachelor’s degree or higher (or equivalent). Employers must file a Labor Condition Application (LCA) with the Department of Labor and a petition with USCIS.

• H-4 (Dependents): Spouses and unmarried children (under 21) of H visa holders. Generally, H-4 dependents are not authorized to work in the U.S.

• H-3 (Trainee): For individuals receiving training in any field (other than graduate medical education) for up to 2 years. The training must not be available in the applicant’s home country and cannot be for primary productive employment.

• L-1 (Intracompany Transferees): For managers, executives, or specialized knowledge employees transferring from a foreign office to a U.S. parent, branch, affiliate, or subsidiary. The applicant must have been employed abroad for at least one continuous year within the preceding three years.

• L-2 (Dependents): Spouses and unmarried children (under 21) of L-1 holders. Note: Spouses are now considered “work authorized incident to status” but may still apply for an EAD (I-765) for formal documentation.

• O-1 (Extraordinary Ability): For individuals with extraordinary ability in sciences, arts, education, business, or athletics, or extraordinary achievement in motion picture and television.

• P-1 (Athletes & Entertainers): For internationally recognized athletes, artists, and entertainers visiting to perform in specific events.

• H-2B (Non-Agricultural Workers): For temporary or seasonal jobs where there is a shortage of U.S. workers. Requires a Temporary Labor Certification from the Department of Labor.

• R-1 (Religious Workers): For individuals coming to work in a religious capacity for a non-profit religious organization.

• Q-1 (Cultural Exchange): For international cultural exchange programs that provide practical training and employment while sharing the history, culture, and traditions of the participant’s home country.

Student & Exchange Visas

• F-1 (Academic Student): The most common student visa for those attending accredited colleges, universities, private high schools, or approved English language programs (more than 18 hours per week).

• M-1 (Vocational Student): For students in non-academic or vocational study/training programs.

• J-1 (Exchange Visitor): Designed to promote the exchange of persons, knowledge, and skills in fields such as education, arts, and sciences. Includes students, trainees, teachers, professors, and research scholars.

Fiancé(e) Visa

• K-1 (Fiancé/e): For the fiancé(e) of a U.S. citizen to travel to the U.S. for marriage and permanent residence. Unmarried children under 21 can apply for K-2 visas.