Non-Immigrant Visa Categories

A-1: Foreign Government Officials

  • Diplomats, officials, and employees of foreign governments recognized by the US coming on official business.
  • Spouse and minor child(ren) may be admitted in A-1 status
  • Attendants, servants, or personal employees may be admitted in A-3 status

A-2: Foreign Government Officials

  • Full-time employees of foreign diplomatic missions or consular posts who are not within A-1 classification, aliens coming to perform duties and services for their governments in the United States (including participation in international meetings or conferences), and their immediate family members.
  • Spouse and minor child(ren) may be admitted in A-2 status
  • Attendants, servants, or personal employees may be admitted in A-3 status

B-1/B-2: Visitors for Business/ Visitors for Pleasure

Criteria for the B-1/B-2:

  • Intend to depart at the end of the stay
  • Maintain a foreign residence with no intent to abandon the same
  • Possess financial means adequate to stay in the U.S. without working in the U.S.
  • Engage solely in legitimate business visitor activities, not employment
  • Enter the U.S. for a limited period of time

C-1: Transit Visa

Criteria for C-1:

  • Passing in immediate and continuous transit through U.S.
  • Possess proof of transportation to destination
  • Possess financial means for travel
  • Possess permission to enter destination country
  • Cannot stay beyond 29 days

D-1: Crewmen

Criteria for D-1:

  • Serving on board a vessel and necessary for the normal operation of the vessel

E-1/E-2: Treaty Traders/Treaty Investors

Criteria for E-1:

  • National of a treaty country
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country
  • Trade must be “substantial”
  • Trade must be principally between the U.S. and the treaty country
  • Employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.
  • Spouse and minor child(ren) may be admitted in E-1 status

Criteria for E-2:

  • The investor, either a real or corporate person, must be a national of a treaty country
  • Investment must be substantial and “at-risk”
  • Funds must be committed to the investment
  • Enter U.S. to develop and direct the enterprise or be employed in a supervisory, executive, or highly specialized skill capacity.
  • Spouse and minor child(ren) may be admitted in E-2 status

F-1: Students

Criteria for F-1:

  • Possess a foreign residence with no intent to abandon the same
  • Qualified to pursue a full course of study at an academic institution
  • Accepted for a full course of study by an educational institution approved by BCIS
  • Intend to depart at the end of the study
  • Possess sufficient financial support to study in the U.S.
  • Spouse and minor child(ren) may be admitted in F-2 status

G-1 through G-4: Representatives to International Organizations

G-1: Principal Resident Representatives of a Recognized Foreign Government Which is a Member to an International Organization.

  • Spouse and minor child(ren) may be admitted in G-1 status
  • Attendants, servants, or personal employees in G-5 status

G-2: Other Representatives of a Recognized Foreign Member Government to an International Organization

  • Spouse and minor child(ren) may be admitted in G-2 status
  • Attendants, servants, or personal employees in G-5 status

G-3: Representatives of an Unrecognized or Nonmember Foreign Government to an International Organization

  • Spouse and minor child(ren) may be admitted in G-3 status
  • Attendants, servants, or personal employees in G-5 status

G-4: International Organization Officers or Employees

  • Spouse and minor child(ren) may be admitted in G-4 status
  • Attendants, servants, or personal employees in G-5 status

H-1B: Temporary Employee in Specialty Occupation

Criteria for H-1B:

  • Work in a specialty occupation
  • Possess baccalaureate degree or higher, or equivalent (specialty occupation)
  • Position requires theoretical and practical application of a body of highly specialized knowledge (specialty occupation)
  • Classification also applies to fashion models and persons providing services related to Department of Defense projects
  • Employer compliance with Department of Labor’s Labor Condition Application and payment of prevailing wage.
  • Spouse and minor child(ren) may be admitted in H-4 status.

H-1C: Temporary Health Professional

Criteria for H-1C:

  • Enter to work temporarily as a nurse at hospitals designated as Health Professional Shortage Areas (HPSAs)
  • Possess license in home country or educated in the U.S.
  • Possess license to work in the state of employment

H-2: Temporary Agricultural Worker or Temporary Services/Labor

Criteria for H-2:

  • Enter the U.S. for a limited period of time
  • Intend to depart at the end of the stay
  • Enter U.S. to perform temporary services/labor
  • U.S. Employer must demonstrate no qualified U.S. workers available for position

H-3: Trainee

Criteria for H-3:

  • Will receive training from individual or organization
  • Maintain a foreign residence with no intent to abandon the same
  • Training not available in home country
  • No productive employment unless incidental and necessary to training

I-1: Representatives of Information Media

Representative of foreign press, radio, film or other information media, entering the U.S. to engage in such vocation.

  • Spouse and minor child(ren) may be admitted in I-1 status.

J-1: Exchange Visitor

J-1 categories include: educational exchange students, au pairs, graduate medical trainees, practical training students, professors and researchers, short-term scholars, camp counselors).

Criteria for J-1:

  • Possess a foreign residence with no intent to abandon the same
  • Participate in exchange visitor program approved by the Department of State
  • Intend to depart at the end of the study
  • Possess sufficient financial funds to and medical insurance while in the U.S.
  • Spouse and minor child(ren) may be admitted in J-2 status
  • Participants of some J-1 programs become subject to a “two year foreign residency” requirement that they return to their home country for at least two years before they can obtain US permanent resident status or H- or L- status. Procedures to waive foreign residence requirement exist, but waiver is not granted in all cases.

K-1: Fiance(e) of U.S. Citizen

Criteria for K-1:

  • Fiance(e) of U.S. citizen
  • Enters U.S. with intent to marry U.S. fiance(e) within 90 days of entry into U.S.
  • Have met U.S. citizen within 2 years of filing K-1 petition.
  • Minor child(ren) may be admitted in K-2 status

K-3: Spouse of U.S. Citizen

Criteria for K-3:

  • Valid marriage to U.S. citizen, and
  • Have a pending I-130 petition with BCIS as the spouse of a U.S. citizen, and
  • Have an approved I-129F petition approved by BCIS, and
  • Will enter the United States to await the approval of the I-130 petition by BCIS or the availability of an immigrant visa
  • Minor child(ren) may be admitted in K-4 status

L-1: Intracompany Transferee

Criteria for L-1:

  • Employed abroad for at least one year* within the three years preceding admission into the U.S. (*Only six months employment in prior three years needed if company has an approved Blanket L petition)
  • Employment must have been with a parent, affiliate or subsidiary of U.S. company
  • Enter to work in a managerial, executive, or specialized knowledge capacity
  • Spouse and minor child(ren) may be admitted in L-2 status

M-1: Students in a Vocational, Academic, or Nonacademic Institution

Criteria for M-1:

  • Possess a foreign residence with no intent to abandon the same
  • Qualified to pursue a full course of study at an academic institution
  • Accepted for a full course of study by an educational institution approved by BCIS.
  • Intend to depart at the end of the study
  • Possess sufficient financial support to study in the U.S.
  • Spouse and minor child(ren) may be admitted in M-2 status.

O-1: Alien of Extraordinary Ability or Achievement

Criteria for O-1:

  • Possess extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim
  • Spouse and minor child(ren) may be admitted in O-3 status

P-1 thru P-3: Artists, Athletes, and Entertainers

Criteria for P visa:

  • Athlete or Group Entertainers internationally recognized as being outstanding \
  • Enter U.S. for limited period of stay for purpose of performing
  • Maintain a foreign residence with no intent to abandon the same
  • Spouse and minor child(ren) may be admitted in P-4 status

Q-1/Q-2: Cultural Visitor

Criteria for Q-1:

  • Enter U.S. to engage in a cultural exchange program
  • Program purpose to provide practical training, employment, and sharing of culture, history and traditions
  • Must be at least 18 years old

Criteria for Q-2:

  • Only residents of Northern Ireland and surrounding counties, are eligible for Q-2 visa only
  • Purpose of visa is to develop job skills and conflict resolution
  • Occupations are designated by the Department of State
  • U.S. employer must first be pre-approved by Department of State
  • Must be 35 years old or younger
  • Spouse and minor child(ren) may be admitted in Q-3 status.

R-1: Religious Worker

Criteria for an R-1:

  • Work as a minister or in a professional capacity in a religious vocation or occupation
  • Member of a religious denomination having a bona fide nonprofit religious organization in the U.S.
  • Member of the denomination for two years immediately preceding admission
  • Religious organization is exempt from taxation, or the religious denomination qualifies for tax- exempt status
  • Spouse and minor child(ren) may be admitted in R-2 status.

TN: Canadian and Mexican Professionals under the North American Free Trade Agreement

Criteria for a TN visa:

  • National of Canada or Mexico
  • Enter U.S. to work in a profession listed on the NAFTA list
  • Possesses the specific criteria for that profession
  • Will work for a U.S. employer
  • Spouse and minor child(ren) may be admitted in TD status

VWP (Visa Waiver Program)

Foreign nationals of countries that have been designated by the Department of State for eligibility to enter the U.S. on a Visa Waiver.

Criteria for VWP:

  • Be a citizen of a Visa Waiver Program country; and
  • Have a valid passport issued by the participating country. Beginning October 1, 2004, the passport must be machine-readable passport; and
  • Be seeking entry for 90 days or less, as a temporary visitor for business or pleasure.
  • Extension of your visit or change to another visa category is not permitted under the VWP.

PLEASE NOTE: This information is intended to be a general overview of the U.S. immigration structure and does not constitute legal advice applicable to a particular individual’s situation. Please contact FINNAN, FLEISCHUT AND ASSOCIATES and arrange for a consultation if you have questions about how the immigration laws and regulations apply to your particular situation.