U.S. Immigration Services (Non-Immigrant Visas), Law Offices of Dixon Fung, P.C.

Non-Immigrant Visas

There are many different kinds of non-immigrant visas to enter the United States, as outline in Section 101(a) of the Immigration and National Act and Section 8 C.F.R. 214. Unless you fall under the Visa Waiver Program (VWP), you must obtain a visa to enter the United States

There are three options to obtain a non-immigrant visa. The first option is to apply for a visa at the consulate or embassy of your home country. Under this option, an officer will meet with you and decide whether you are eligible for the type of visa you request. The second option is to apply for a temporal visa at the port of entry. Some visas, such as the TN visa, do not require an alien to apply for them at a consulate or embassy. You simply needs to fill out the paper work and bring all the supporting evidence to the port of entry and the officer there will decide whether you are eligible for the visa. Finally, if you are in the U.S., you may apply for a visa that is different from the visa that you have used to enter the U.S. You do so by completing USCIS Form I-539, Application to Change/Extend Non-immigrant Status.

Categories of Non-immigrant Visas
Some of the most common categories are listed in the following sections. To decide whether you are eligible for a certain category of visa or which category suits your need the most, please contact our office and schedule a consultation.

B Visas: Business or Pleasure Visitors
B-1: Temporal visitor for business
B-1 visa is generally for those aliens who want to come to the United States for business related purpose, such as attending a business seminar or conference, negotiating a contract, participating in an exhibition or trade show, etc. A B-1 visa holder is not allowed to seek employment in the United States.

B-2: Temporal visitor for pleasure
B-2 visa is generally for those aliens who want to come to the United States for leisure purposes, such as vacation or visits with friends and family. A B-2 visa holder is not allowed to seek employment in the United States.

Visa Waiver Program (VWP)
If you are a national of one of the qualified countries and enter the United States for business or leisure purposes for 90 days or fewer, you may visit the United States without a visa. For a list of the qualified countries, please visit the website of the Department of State.

To enter the United States through the VWP, you must receive prior travel authorization from the Electronic System for Travel Authorization. When you are at the port of entry, you must 1) present a passport that is valid for six months past your expected stay in the United States; and 2) show that you have no intent to stay beyond 90 days and have sufficient fund for your stay.

E Visas: Treaty Visitors
If you are a national of a foreign country that the United States has a treaty of commerce or navigation, you may enter the United States with an E visa if you intend to trade or invest in the United States. For a list of the treaty countries, please visit the Department of State's website.

E-1: Treaty Trader, spouse, and children
An E-1 visa holder must enter the United States with the purpose of completing a trade and passing title of items from one treaty to another. For specific requirements of an E-1 visa, please visit the Department of State's website.

E-2: Treaty investor, spouse, and children
An E-2 visa holder must intend to come to the United States to invest a substantial amount of money or manage the alien's enterprise in the U.S. For specific requirements of an E-2 visa, please visit the Department of State's website.

F and M Visas: Students
If you are planning to attend school for more than 18 hours a week in the United States, you are required to obtain a student visa. There are two categories of student visas: F visas are for academic students and M visas are for vocational students. ?

In order to obtain a F-1 or M-1 student visa, you must be accepted by an educational or vocational institution in the United States. Upon acceptance, the school that you are planning to attend will enter your information to an internet-based system called the Student and Exchange Visitor Information System (SEVIS). The school will then send a form called I-20 to you, and you must sign and submit it either 1) to the consulate or embassy in order to receive a student visa overseas; or 2) to USCIS if you are seeking to change your non-immigrant status in the United States. If applying overseas, you must attend an interview with an officer at the consulate or embassy and provide sufficient supporting documents during the interview.

Foreign students are generally not allowed to work outside the campus of the institution they attend. In order to work outside campus while you attend school, you must receive authorization from USCIS.

After you graduate, you may work in the United States under the Optional Practical Training program (OPT) if your application is approved by USCIS. Under OPT, you are allowed to work in the United States for a period of up to 12 months. OPT may be extended for 17 months if you meet the requirements outlined by USCIS.

H-1B Visas: Specialty Occupational and Professional Workers
Under Section 214(h) of the Immigration and Nationality Act, an alien must (1) work in a field that requires usage of a highly specialized skill or knowledge; and (2) have received a bachelor's degree or higher degree in the highly specialized field.

To apply for an H-1B visa, you must have a job offer from an employer. The employer must submit a labor condition application (LCA) to the Department of Labor and provide information about the employment offer to you. After the Department of Labor has certified the LCA, the employer must submit USCIS form I-129 along with other supporting documents.

All H-1B visa applications must be submitted on or after April 1 of a calendar year, otherwise they will be returned and rejected. If an H-1B visa application is approved, you may start working with the H-1B visa on October 1.

J Visas: Exchange Visitors
In order to obtain a J visa, you must participate in an exchange visitor program that is approved by the Department of State. Exchange visitor programs are generally educational or cultural in nature.

Under Section 212(e) of the Immigration and Nationality Act, a J-visa holder is subject to a two-year foreign residency requirement and cannot apply for permanent residency, H, L, or K visas if one of the three conditions exists:

(i) the alien's participation of the program is either party or entirely sponsored by an agency of the United States or the alien?冱 country of origin;
(ii) the alien is a national or resident of a country where the U.S. has designated as requiring the services of persons engaged in a particular field of specialized knowledge or skills, and the alien had engaged in a program that is related to that particular field while the alien was in the U.S.
(iii) the alien participated in a graduate medical program or training.

The application process of a J visa is very similar to those of F and M visas. You must be admitted to an approved exchange visitor program and the institution that administers such program must enter your information to the Student and Exchange Visitor Information System (SEVIS). The institution will then issue a form named DS 2019 to you. You must then submit the form along with other supporting evidence to the consulate or embassy when you apply for a J visa.

L Visas
To be eligible for a L visa, you must have worked continuously for the sponsoring employer for at least one year in the preceding three years. In addition, you must work for a branch of the sponsoring company or its parent, subsidiary, or affiliated company.

There are two kinds of L visas: L-1A and L-1B.
L-1A: Intra-company transferee with managerial capacity
L-1B: Intra-company transferee with specialized knowledge

TN Visas: Canadian and Mexican Professional Business Workers
TN visas are exclusively reserved to citizens of Canada and Mexico, two North America Free Trade Agreement (NAFTA) countries. To be eligible for a TN visa, you must have received a job offer from a company in the United States. Moreover, the job offer must be in a profession that is on the NAFTA list, and you must possess all the educational and work qualifications required for the profession.

If you a Canadian citizen, you do not need to apply for a TN visa at the Consulate before you come to the United States. All you need to do is to bring the supporting documents to a port of entry and an immigrant officer at the border will adjudicate your application.

If you are a Mexican citizen, you need to apply for a TN visa at a Consulate before coming to the United States.

TN visas are valid for one year and can be renewed on an annual basis as long as your employment is still valid.

Useful Resources

USCIS Immigration Forms
Visa Application Forms
Study materials for new natrualization test
Your case status with USCIS
Processing time of your case with USCIS
Department of State's Visa Bulletin

Information on this page does not constitute as legal advice. For specific inquiries, please contact us and schedule for a consultation.

How can we help? Call for a Free Consultation (626) 817-2522



PERMANENT VISAS NON-IMMIGRANT VISAS DEPORTATION/ASYLUM	Non-Immigrant Visas There are many different kinds of non-immigrant visas to enter the United States, as outline in Section 101(a) of the Immigration and National Act and Section 8 C.F.R. 214. Unless you fall under the Visa Waiver Program (VWP), you must obtain a visa to enter the United States There are three options to obtain a non-immigrant visa. The first option is to apply for a visa at the consulate or embassy of your home country. Under this option, an officer will meet with you and decide whether you are eligible for the type of visa you request. The second option is to apply for a temporal visa at the port of entry. Some visas, such as the TN visa, do not require an alien to apply for them at a consulate or embassy. You simply needs to fill out the paper work and bring all the supporting evidence to the port of entry and the officer there will decide whether you are eligible for the visa. Finally, if you are in the U.S., you may apply for a visa that is different from the visa that you have used to enter the U.S. You do so by completing USCIS Form I-539, Application to Change/Extend Non-immigrant Status. Categories of Non-immigrant Visas Some of the most common categories are listed in the following sections. To decide whether you are eligible for a certain category of visa or which category suits your need the most, please contact our office and schedule a consultation. B Visas: Business or Pleasure Visitors B-1: Temporal visitor for business B-1 visa is generally for those aliens who want to come to the United States for business related purpose, such as attending a business seminar or conference, negotiating a contract, participating in an exhibition or trade show, etc. A B-1 visa holder is not allowed to seek employment in the United States. B-2: Temporal visitor for pleasure B-2 visa is generally for those aliens who want to come to the United States for leisure purposes, such as vacation or visits with friends and family. A B-2 visa holder is not allowed to seek employment in the United States. Visa Waiver Program (VWP) If you are a national of one of the qualified countries and enter the United States for business or leisure purposes for 90 days or fewer, you may visit the United States without a visa. For a list of the qualified countries, please visit the website of the Department of State. To enter the United States through the VWP, you must receive prior travel authorization from the Electronic System for Travel Authorization. When you are at the port of entry, you must 1) present a passport that is valid for six months past your expected stay in the United States; and 2) show that you have no intent to stay beyond 90 days and have sufficient fund for your stay. E Visas: Treaty Visitors If you are a national of a foreign country that the United States has a treaty of commerce or navigation, you may enter the United States with an E visa if you intend to trade or invest in the United States. For a list of the treaty countries, please visit the Department of State's website. E-1: Treaty Trader, spouse, and children An E-1 visa holder must enter the United States with the purpose of completing a trade and passing title of items from one treaty to another. For specific requirements of an E-1 visa, please visit the Department of State's website. E-2: Treaty investor, spouse, and children An E-2 visa holder must intend to come to the United States to invest a substantial amount of money or manage the alien's enterprise in the U.S. For specific requirements of an E-2 visa, please visit the Department of State's website. F and M Visas: Students If you are planning to attend school for more than 18 hours a week in the United States, you are required to obtain a student visa. There are two categories of student visas: F visas are for academic students and M visas are for vocational students. ? In order to obtain a F-1 or M-1 student visa, you must be accepted by an educational or vocational institution in the United States. Upon acceptance, the school that you are planning to attend will enter your information to an internet-based system called the Student and Exchange Visitor Information System (SEVIS). The school will then send a form called I-20 to you, and you must sign and submit it either 1) to the consulate or embassy in order to receive a student visa overseas; or 2) to USCIS if you are seeking to change your non-immigrant status in the United States. If applying overseas, you must attend an interview with an officer at the consulate or embassy and provide sufficient supporting documents during the interview. Foreign students are generally not allowed to work outside the campus of the institution they attend. In order to work outside campus while you attend school, you must receive authorization from USCIS. After you graduate, you may work in the United States under the Optional Practical Training program (OPT) if your application is approved by USCIS. Under OPT, you are allowed to work in the United States for a period of up to 12 months. OPT may be extended for 17 months if you meet the requirements outlined by USCIS. H-1B Visas: Specialty Occupational and Professional Workers Under Section 214(h) of the Immigration and Nationality Act, an alien must (1) work in a field that requires usage of a highly specialized skill or knowledge; and (2) have received a bachelor's degree or higher degree in the highly specialized field. To apply for an H-1B visa, you must have a job offer from an employer. The employer must submit a labor condition application (LCA) to the Department of Labor and provide information about the employment offer to you. After the Department of Labor has certified the LCA, the employer must submit USCIS form I-129 along with other supporting documents. All H-1B visa applications must be submitted on or after April 1 of a calendar year, otherwise they will be returned and rejected. If an H-1B visa application is approved, you may start working with the H-1B visa on October 1. J Visas: Exchange Visitors In order to obtain a J visa, you must participate in an exchange visitor program that is approved by the Department of State. Exchange visitor programs are generally educational or cultural in nature. Under Section 212(e) of the Immigration and Nationality Act, a J-visa holder is subject to a two-year foreign residency requirement and cannot apply for permanent residency, H, L, or K visas if one of the three conditions exists: (i) the alien's participation of the program is either party or entirely sponsored by an agency of the United States or the alien?冱 country of origin; (ii) the alien is a national or resident of a country where the U.S. has designated as requiring the services of persons engaged in a particular field of specialized knowledge or skills, and the alien had engaged in a program that is related to that particular field while the alien was in the U.S. (iii) the alien participated in a graduate medical program or training. The application process of a J visa is very similar to those of F and M visas. You must be admitted to an approved exchange visitor program and the institution that administers such program must enter your information to the Student and Exchange Visitor Information System (SEVIS). The institution will then issue a form named DS 2019 to you. You must then submit the form along with other supporting evidence to the consulate or embassy when you apply for a J visa. L Visas To be eligible for a L visa, you must have worked continuously for the sponsoring employer for at least one year in the preceding three years. In addition, you must work for a branch of the sponsoring company or its parent, subsidiary, or affiliated company. There are two kinds of L visas: L-1A and L-1B. L-1A: Intra-company transferee with managerial capacity L-1B: Intra-company transferee with specialized knowledge TN Visas: Canadian and Mexican Professional Business Workers TN visas are exclusively reserved to citizens of Canada and Mexico, two North America Free Trade Agreement (NAFTA) countries. To be eligible for a TN visa, you must have received a job offer from a company in the United States. Moreover, the job offer must be in a profession that is on the NAFTA list, and you must possess all the educational and work qualifications required for the profession. If you a Canadian citizen, you do not need to apply for a TN visa at the Consulate before you come to the United States. All you need to do is to bring the supporting documents to a port of entry and an immigrant officer at the border will adjudicate your application. If you are a Mexican citizen, you need to apply for a TN visa at a Consulate before coming to the United States. TN visas are valid for one year and can be renewed on an annual basis as long as your employment is still valid.	Useful Resources USCIS Immigration Forms Visa Application Forms Study materials for new natrualization test Your case status with USCIS Processing time of your case with USCIS Department of State's Visa Bulletin
	Information on this page does not constitute as legal advice. For specific inquiries, please contact us and schedule for a consultation.
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How can we help? Call for a Free Consultation (626) 817-2522