ENTERING THE UNITED STATES AS A NON-IMMIGRANT
Visa WaiverIf you do not have a visa
stamp in your passport, and you are national of a Visa Waiver Program (VWP) country, you should be able to enter the U.S.
for tourism or limited business purposes and for a maximum of 90 days without first obtaining a visa stamp from the U.S. Embassy
or Consulate. Most western European countries qualify. A machine-readable passport valid at least 6 months longer than the
anticipated stay is required.
A list of qualifying countries, the passport requirements and other important information
about this program may be found at the U.S. Department of State website,
http://www.travel.state.gov
B-1 / B-2 VisaThese two Visas are typically combined into one stamp. The B-1 Visa allows
you conduct a limited amount of business in the U.S. for your overseas employer (for example, attend a trade show or handle
contract negotiations). The U.S. stay is usually authorized for the period of time necessary for you to take care of
your business.
The B-2 category is strictly for tourists; an authorized stay of up to six months is typically
granted upon entry into the U.S.
Both Visas are obtained through your United States Consulate or Embassy. An application
form, passport photos, and fee are required. Some applications are accepted by mail. Information about tourist visas,
the application form required (DS-156 and DS-157), payment of the visa fee, is all available at the above U.S. Department
of State website, as well as the individual U.S. Embassy websites. It is important to review the procedures for the
applicable Embassy:
http://usembassy.state.gov
E-1 (Treaty Trader)The basis of the E-1 Visa is trade (exchange of goods, services,
or technology) between a U.S. business or a corporation (of which the applicant, a national of the treaty country, must be
at least a 50% owner) and a foreign country. At least 51% of the trade must be with the treaty country.
The amount
of trade must be substantial; the volume of trade is much more significant than the dollar amount.
E-2
(Treaty Investor)The basis of the E-2 Visa is a substantial investment in an active U.S. business or company
(of which the applicant, a national of the treaty country, must be at least a 50% owner). Speculative or passive investments
do not qualify. The investment must have a significant, positive impact on the U.S. economy or generate significantly more
income than the amount required for the applicant’s living. The applicant must be coming to the U.S. to direct and control
the business.
The validity period of both the E-1 and E-2 visa varies depending upon the terms of the treaty and
the viability of the business. Both the E-1 and the E-2 visa categories are available for executive or supervisory employees
who are the same nationality as the applicable treaty country.
More specific details about the E-1 and E-2 visas
can be found at the U.S. Embassy websites:
http://usembassy.state.govL-1 U.S. Citizenship and Immigration Services first must approve a U.S. employer’s
L-1A application on behalf of a senior manager or executive for transfer from a foreign affiliate. To qualify, employment
by the foreign affiliate in an executive or senior management position for at least one of three years immediately preceding
the application is a prerequisite. The foreign company must be the parent, subsidiary or an affiliate through stock ownership
of the United States’ company.
There is no minimum investment requirement. However, for the initial L-1A
application the foreign company must prove that it is in a financial position to support the start-up of the U.S. business.
H-1B You may qualify for an H-1B Visa if you have a minimum of a university degree or its
equivalent. The prospective employer must apply first to the Department of Labor and making a number of attestations regarding
the labor conditions. The employer must then submit an application to U.S. Citizenship and Immigration Services. The
approval is typically granted for an initial period of three years, and may be extended up to six years.
H-2BIndividuals with no university degree or its equivalent may qualify for an H-2B Visa which is issued
for seasonal or temporary workers. The employer must advertise the position (as above under “Employer Sponsorship”),
and prove that the position is only for a temporary duration. This type of visa may apply for seasonal work or for a particular
project or assignment.
J-1, M, R, O & POther visas such as the J-1, M, R, and O &
P are available to exchange workers, trainees, athletes, entertainers, religious workers and journalists, provided specific
qualifications are met. Normally Visas are granted to spouses and children of the primary visa holders, granting the
same length of stay but without work authorization.
Temporary Work Authorization for Spouses
Spouses of L-1,
E-1 and E-2 visas are now eligible for employment authorization. Limited work authorization may also be granted to individuals
with F-1 student visas. The administrator of the foreign student office should be able to provide assistance in this process.
For more detailed information, visit the United States citizenship and immigration services website:
www.uscis.govGenerally, whether a change of status from USCIS from one non-immigrant category to another, or whether a visa
stamp from the appropriate US Embassy is required, depends upon a number of factors.
