A citizen of a foreign country who wishes to enter the United States temporarily must first apply for and obtain a non-immigrant visa. There are many different categories of non-immigrant visas, and these are classified according to the purpose of the visit. Each non-immigrant visa will stipulate the terms of your stay in the United States, including the duration of your time there and the activities you are permitted to engage in. Broadly, non-immigrant visas fall into three main categories.
Visitor visas are non-immigrant visas for individuals who wish to enter the United States temporarily for business, tourism or a combination of both.
The B-1 visa covers visitors for business, and allows an individual to consult with business associates and to attend professional conferences. Its scope also permits you to settle an estate or negotiate a contract.
The B-2 visa covers visitors for pleasure, and allows an individual to visit the United States for the purposes of tourism, visiting with friends or relatives, or receiving medical treatment.
The team at Baker Stirling can advise you on which category of visitor visa is appropriate for you, and we can then guide you through the application process to help ensure that you achieve the desired outcome whilst remaining compliant with the US immigration rules. If your country is a member of the Visa Waiver Programme (VWP), then you may be granted entry to the United States without a visa subject to certain conditions.
Individuals wishing to attend a university or other academic institution in the United States, including primary and secondary school, will require an F-1 visa. This visa category is valid for the duration of their studies. For those wishing to take part in an exchange program, and who are planning to take up prearranged employment, training or research in the United States, a J-1 visa will instead be required. For a J-1 visa to be approved, the proposed activity must be part of an officially approved program sponsored by an educational or other non-profit institution.
The team at Baker Stirling has a depth of experience in providing the necessary legal advice and support for individuals who wish to study in the United States under one of the above visa categories.
Businesses often require individuals to travel to the United States for temporary or sometimes extended periods of time. There are many different types of business visas, and it is therefore essential that you apply for the correct type and that you comply with the complex US immigration laws. The team at Baker Stirling can help both you and your business to select the visa category that is most appropriate to your circumstances. We will then guide you through the application process to help you achieve the desired outcome in the most time-efficient and cost-effective manner.
The most commonly used visa categories for non-immigrant workers are as follows:
E-1 and E-2 Visas – The E-visa category provides non-immigrant status for traders or investors who are nationals of any of the countries with which an appropriate treaty of friendship, commerce and navigation exists. An individual who wishes to go to the United States to carry on substantial trade with their home country may apply for an E-1 treaty trader visa. An individual who is going to the United States to develop and direct the operations of an enterprise in which they have invested or are actively in the process of investing a substantial amount of capital, may apply for an E-2 treaty investor visa.
H-1B Visa – The H-1B visa is the non-immigrant visa category for professional workers. H-1B employers must petition for foreign nationals who will be employed temporarily in professional fields, referred to as “specialty occupations”. These include IT professionals, University Professors and Teachers, Engineers, Healthcare Workers, Accountants, Financial Analysts, Management Consultants and Lawyers.
L-1 Visa – The L-1 visa category is one of the most common employment-based non-immigrant visas used in the United States. The L-1 visa allows employers to transfer executives, managers, and specialised knowledge employees from one of the organisation’s foreign offices to one of its offices in the United States subject to certain conditions.
O-1 and O-2 Visas – The O-1 visa category is available to a foreign national who has extraordinary ability in the sciences, arts, education, business, or athletics which has been sustained by national or international acclaim or who has demonstrated a record of extraordinary achievement in the motion picture or television industry. O-1A visas are for individuals in business, science, arts, education or athletics. O-1B visas are for people of achievement in the motion picture and/or television productions. The O-2 visa category is for accompanying aliens coming temporarily to the United States to assist in the artistic or athletic performance by an O-1.
The team at Baker Stirling will analyse your individual circumstances to help select the best option for you and your business. We pride ourselves in offering our clients the sound advice that is needed to achieve the ultimate objective of establishing a right to work in the United States.
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