NONIMMIGRANT VISAS

How to choose the right nonimmigrant visa out of an array of nonimmigrant visas?

If a foreign national wants to continue her education in the US she should check out visas for students. Academic students are eligible for F-1 visa and vocational students are eligible for M-1 visa. J-1 visa is available through Department of State for students who want to participate in exchange program. 

Individuals with bachelor’s degree and a job offer from  U.S. employer are eligible for H-1B visa. Do not be intimidated! American companies hire foreigners every day!  The U.S. government sets aside 65,000 H-1B visas every year.  Work visas are non-immigrant visas that are good for three years with the option of extending it for another three years. Have your resume ready, and start distributing them. All universities hire foreigners, and the best thing about working for a university is that there is H-1B cap for institutions of high educations such as universities. Browse company’s websites to check for employment opportunities. USCIS starts accepting applications for H-1B visa on April 1st each year. Recently, there are more applicants than visas, so there is a lottery among the applicants.

O-1 nonimmigrant visa visa is available to individuals with extraordinary abilities; it is for the individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. O-1 has no numeric limitations and therefore,  the employer can apply for O-1 on individual's behalf  of a foreigner at any time. 

A foreigner who wants to do business or make investments in the United States should look into visas for entrepreneurs such as L-1, E-1 and E-2. 

An individual who is in the U.S in  nonimmigrant status may apply to changeher nonimmigrant status if  she was lawfully admitted to the U.S., her nonimmigrant status remains valid, she has not violated the conditions of such status

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Under §INA(217) citizens of certain countries may enter the U.S in nonimmigrant status, with nonimmigrant intent, for a period of up to 90 days. Certain activities such as study and employment not permitted on the VWP and require visas for travel to the U.S.

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Section § 212(d)(3) of the Immigration and Nationality Act waives virtually all grounds  of inadmissibility for non-immigrants including health, criminal, prostitution, smuggling, and unlawful presence.

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