OVERVIEW OF NONIMMIGRANT BUSINESS VISA CATEGORIES Ryan, Swanson & Cleveland, PLLC 1201 Third Avenue, Suite 3400 Seattle, Washington 98101 www.ryanswansonlaw.com
OVERVIEW OF NONIMMIGRANT BUSINESS VISA CATEGORIES INCLUDING NAFTA B-1 VISA CATEGORY: TEMPORARY VISITOR FOR BUSINESS B-1 BUSINESS ACTIVITY SHOULD BE ASSOCIATED WITH INTERNATIONAL TRADE OR COMMERCE Principal benefit of the business activity accrues to the business person or corporate entity abroad. No salary permitted from a U.S. employer or direct payments made in the United States. Typical Activities Sales activity, contract negotiations or taking orders from established customers. Acting as a purchasing agent for a foreign employer to procedure U.S. goods, components, or raw materials. Some service contract activity. Professional or business conferences or conventions or executive seminars. Duration of Stay Authorized period limited to time required to conduct business, up to initial grant of six months. Required intention to depart from the United States. Application made directly to U.S. consulate abroad, except for Canadian citizens who can apply at U.S. port of entry. There is a visa waiver program in effect with 36 countries that allows for 90-day entry without a visa. Individual must have a machine readable passport to participate. The following countries are included: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. -2-
B-1 SCHEDULE 1 TO ANNEX 1502.1 TO FREE TRADE AGREEMENT Research and Design Technical, scientific, and statistical researchers conducting independent research, or research for an enterprise located in Canada/United States/Mexico. Growth, Manufacture and Production Harvester owner supervising a harvesting crew admitted under applicable law. Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada/United States/Mexico. Marketing Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada/United States/Mexico. Trade fair and promotional personnel attending a trade convention. Sales Sales representatives and agents taking orders or negotiating contracts for goods or services but not delivering goods or providing services. Buyers purchasing for an enterprise located in Canada/United States/Mexico. Distribution Transportation operators delivering to the United States/Canada/Mexico or loading and transporting back to Canada/United States/Mexico, with no intermediate loading or delivery within the United States/Canada/Mexico. Customs brokers performing brokerage duties associated with the export of goods from the United States/Canada/Mexico to or through Canada/United States/Mexico. After-Sales Service Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller s contractual obligation, performing services or training workers to perform such services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States/Canada/Mexico, during the life of the warranty or service agreement. General Service Professionals: with respect to entry into the United States of America, otherwise classifiable under section 101(a)(15)(H)(i) of the Immigration and Nationality Act, but receiving no salary or other remuneration from a United States source. Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada/United States/Mexico. Computer specialists: with respect to entry into the United States of America, otherwise classifiable under section 101(a)(15)(H)(i) of the Immigration and Nationality Act, but receiving no salary or other remuneration from a United States source. Financial service personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in Canada/United States/Mexico. Public relations and advertising personnel consulting with business associates, or attending or participating in conventions. Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in Canada/United States/Mexico. Translators or interpreters performing services as employees of an enterprise located in Canada/ United States/Mexico. -3-
E VISA CATEGORY: TREATY TRADER/TREATY INVESTOR Treaty Trader Requirements TRADE: Employment in Trading Company. SUBSTANTIAL: Trade must be substantial. PRINCIPALLY WITH U.S.: Trade must be principally between the U.S. and the treaty country. DUTIES: Employee must be in either an executive managerial position or have essential skills. Treaty Investor Requirements ACTIVE INVESTMENT: Actual and active commitment of investment funds. SUBSTANTIAL INVESTMENT: Large scale in relation to overall value of investment. CREATION OF JOBS: Investment cannot be marginal or solely to earn a living. ESSENTIAL ROLE: Investor must fill key role in company. EMPLOYEES: May qualify if managerial, executive, key or essential employee in company. Special Conditions U.S. must have a treaty of commerce and navigation with country. Company engaging in trade or investment in the United States must have the same nationality as the treaty country. Each employee or principal of the investing/trading company must be a citizen of the country holding a treaty of commerce and navigation with the United States. Application Process Application made directly to U.S. consulate. No separate applications made to U.S. Citizenship and Immigration Services ( USCIS ) except for extension of stay. Duration of Stay Initial period of stay of two years. Visas may be issued for one to five years depending on circumstances. There is no maximum validity of authorized stay. Must have intent to return to home country. -4-
E-3 VISA The E-3 visa classification applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate. The definition of specialty occupation is one that requires: - A theoretical and practical application of a body of specialized knowledge; and - The attainment of a bachelor s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. Although there is no definitive list of occupations eligible for the E3 visa, a useful general guide for applicants to check if their occupation might be considered a graduate specialty profession and thus might be eligible for an E3 visa, is the Occupational Information Network website O*NET Online. The job will qualify provided that it requires a minimum of a bachelor s degree in a specialty occupation. It is not enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification. For example, someone with a degree in Business Studies planning to work as a Personal Assistant would not be eligible for the E-3 unless the job actually required a bachelor-level qualification. U.S. Code of Federal Regulations, 8 CFR 214.2(h)(4)(iii)(D), describes the kind and amount of experience which can be used to establish the equivalency of a university degree. As a guide, three years of professional experience may generally be used as a substitute for each year of universitylevel education. This means you would need to show 12 years experience in the field you are applying to work in. During their visa interviews, applicants for U.S. work visas should be prepared to provide documentation outlining their work history, education, and training. A consular officer will determine whether the educational and employment information provided meets the eligibility requirements for a U.S. visa. The job has to pay the prevailing wage for the location. A Labor Condition Application has to be filed with and approved by the Department of Labor. The visa application fee can be paid online or at Australia Post in advance of the non-immigrant visa interview. For payment instructions, please visitwww.ustraveldocs.com/au/ The E-3 Visa MRV fee is $205 (US). There is no issuance fee. The E-3 visa is normally issued for three years. The applicant cannot have the intent to immigrate to the U.S. -5-
TREATY COUNTRIES E-1 and E-2 Status Argentina Australia Austria Belgium Bolivia Bosnia and Herzegovina Canada Chile China (Taiwan ONLY) Colombia Costa Rica Ethiopia Finland France Germany Honduras Iran Ireland Italy Japan Jordan Korea (South) Kosovo Latvia Liberia Luxembourg Macedonia Mexico Montenegro Netherlands Norway Oman Pakistan Paraguay Philippines Poland Serbia Singapore Slovenia Spain Suriname Sweden Switzerland Thailand Togo Turkey United Kingdom ONLY E-1 Status Brunei Greece Israel ONLY E-2 Status Albania Armenia Azerbaijan Bahrain Bangladesh Bulgaria Cameroon Congo (Brazzaville) Congo (Kinshasa) Czech Republic Ecuador Egypt Georgia Grenada Jamaica Kazakhstan Kyrgyzstan Lithuania Moldova Mongolia Morocco Panama Romania Senegal Slovak Republic Sri Lanka Trinidad and Tobago Tunisia Ukraine ONLY E-3 Status Australia as of 3/15/12-6-
H-1B VISA CATEGORY: ALIENS EMPLOYED IN SPECIALTY OCCUPATIONS Basic Requirements Employee must be coming to perform services in a specialty occupation, an occupation that requires, as entry-level prerequisites, a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor s degree or higher degree in the specific specialty, or a demonstration of its equivalence in experience. Alien must have either equivalent to U.S. bachelor s degree in area related to job offer or have gained experience in the specialty equivalent to the degree through progressively responsible positions relating to the specialty. U.S. employer must require person with the alien s qualifications. Employer must file labor condition attestation (LCA) with Department of Labor which confirms wages and working conditions of employment. Application Process U.S. employer files petition with U.S. Citizenship and Immigration Services ( USCIS ). Employer must pay $1,500.00 (or $750.00 if under 26 full-time employees) to USCIS as a tax (alien cannot pay this), plus filing fee of $325.00 and a $500.00 fraud fee (in effect March 8, 2005). For a 14-day expedited service (premium processing), the filing fee is an additional $1,225.00. Alien employee takes approval notice to U.S. Consulate to secure visa, except for Canadian citizens. If alien is already in U.S., alien may, under certain circumstances, change status to H-1 category. Duration of Stay Period of time required by U.S. employer, up to three years. Single extensions available as required, up to three years. Intermittent user may be able to obtain further extensions. Six years maximum stay allowed. Extensions beyond six years possible under some circumstances if employer is in the process of sponsoring employee for U.S. permanent residence. -7-
H-1B LABOR CONDITION APPLICATION The law now provides that before the U.S. Citizenship and Immigration Services ( USCIS ) may review an application to determine whether the occupation and alien meet the requirements for an H-1B visa, an employer must submit a Labor Condition Application ( LCA ) to the Department of Labor ( DOL ). The DOL will review the LCA for completeness, obvious inaccuracy, and previous employer disqualification. An employer is then required to submit the reviewed LCA to the USCIS with their H-1B petition. In the LCA, an employer must attest that five conditions will be met before the USCIS may issue an H-1B visa. 1) The employer must confirm that the H-1B nonimmigrant worker and other similarly employed workers will be paid the actual wage for the occupation at the place of employment or the prevailing wage for the occupation, whichever is higher (and the employer must retain documents establishing how the wage offered was established); 2) The employer must attest that by employing an H-1B nonimmigrant worker, the working conditions of similarly employed workers in the area will not be adversely affected; 3) The employer must state that no strike, lockout or work stoppage is pending; 4) The employer must publicly notify any union representative; and 5) The employer must post a notice of intent to hire the H-1B worker in two visible locations at its place of employment for ten days. The employer must confirm that the H-1B nonimmigrant worker will be paid at least the prevailing wage or the actual wage for the occupation, whichever is greater. 1) The actual wage is the wage rate paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. In determining such wage level, the following factors may be considered: experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors. Legitimate business factors, for purposes of this paragraph (a), means those that it is reasonable to conclude are necessary because they conform to recognized principles or can be demonstrated by accepted rules and standards. Where there are other employees with substantially similar experience and qualifications in the specific employment in question - i.e., they have substantially the same duties and responsibilities as the H-1B nonimmigrant - the actual wage shall be the amount paid to these other employees. Where no such other employees exist at the place of employment, the actual wage shall be the wage paid to the H-1B nonimmigrant by the employer. 2) The prevailing wage for the occupational classification in the area of intended employment must be determined as of the time of filing the application. The employer shall base the prevailing wage on the best information available as of the time of filing the application. The employer is not required to use any specific methodology to determine the prevailing wage and may utilize the State Employment Service Agency ( SESA ), an independent authoritative source, or other legitimate sources of wage data. One of the following sources shall be used to establish the prevailing wage: a) A SESA Determination. Upon receipt of a written request for a prevailing wage determination, the SESA will issue a wage determination. b) An independent authoritative source. The employer may use an independent authoritative wage source in lieu of a SESA prevailing wage determination. c) Published Wage Survey that is based on recent accurate information. The regulations also specify that the prevailing wage rate be based on the best information available to the employer at the time of filing the LCA. Although the statute permits the employer to use any legitimate method for determining the prevailing wage, the regulations expressly rank various methods, indicating a clear preference for the SESA determinations. Under the regulations, if an employer relies on a prevailing wage determination from a SESA, union contract, or federal statute, the employer is protected against complaints alleging an inaccurate prevailing wage. If the employer relies on a wage survey, the -8-
employer must identify the name of the survey. An employer must also update the prevailing wage information in its labor condition application and in its supporting documentation every 36 months. There are certain authorized deductions which will not affect the wage - primarily any deductions which are reported as taxable income are permitted and any voluntary and agreed to deductions between the H-1B alien and the employer. An employer does not have to submit supporting documentation with the LCA but they must keep such documentation in their file for public inspection. The employer is also required to make available for public inspection, the method used to determine the prevailing wage listed in the LCA, and the information on compliance with the notice requirements. Finally, the DOL will accept complaints from any aggrieved party about an employer s failure to meet a specified condition or for misrepresentation of a material fact in the application. If the DOL determines that a reasonable basis for the complaint exists, the DOL will investigate, provide the employer with an opportunity for a hearing, and may assess penalties depending on the outcome of the hearing. -9-
H-1B1 VISA This visa allows qualified Chileans to live and work in the United States, accompanied by their spouse and dependent children. Only Chilean citizens are eligible as principal applicants. The applicant cannot be intending to immigrate to the U.S. H-1B1 visas are multiple-entry and valid for a maximum of 18 months even though the Labor Condition Application will be approved for three years. The USCBP will on entry to the U.S. limit status to one year. Extensions and renewals are allowed. The position must be a specialty occupation; that is, a position requiring theoretical and practical application of a body of specialized knowledge. Some examples of specialty occupations are jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, such as management and human resources. However, applicants have successfully applied for H-1B1 visas for work in other fields, including teachers and fruit inspectors. The applicant must have a post-secondary degree involving at least four years of study in his or her field of specialization. In some instances, a combination of specialized training and experience can constitute alternative credentials. The applicant cannot be self-employed or an independent contractor. The period of employment in the United States must be temporary. As such, the applicant must demonstrate non-immigrant intent. Note: This requirement makes the FTA Professional Visa (H-1B1) different from the traditional H-1B Temporary Worker visa, as applicants for traditional H-1B visas do not have to demonstrate that they intend to return to Chile when their temporary job is finished. Chileans are still eligible to apply for traditional H-1B visas. As is the case for applicants for traditional H-1B visas, applicants for H-1B1 visas must already have a job offer in their chosen field from an employer in the United States. However, unlike a traditional H-1B visa, the employer does not have to submit Form I-129, Petition for Nonimmigrant Worker, to the U.S. Citizenship and Immigration Service, and the applicant does not need to obtain a Notice of Approval, Form I-797, before submitting their visa application. Certified form ETA 9035 or 9035E from the U.S. Department of Labor provided. Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas. Couples must be legally married to qualify for such derivative visas. -10-
H-2B VISA CATEGORY: TEMPORARY PERSON AND TEMPORARY POSITION Basic Requirements U.S. employer must need to employ skilled or unskilled alien in a position that is temporary in nature and for which no unemployed U.S. workers are available. Alien must maintain permanent residence abroad. Application Process A labor certification must be obtained from Department of Labor, which means advertising the job at prevailing wage and recruiting U.S. workers to determine if there are U.S. workers available and qualified for the job. U.S. employer files petition with U.S. Citizenship and Immigration Services ( USCIS ). Duration of Stay Up to 10 months. Extension up to three years may be available if required, but a new labor certification required each time. Alien Employment Certification Process An alien employment certification is granted when the U.S. Department of Labor ( DOL ) has determined that an employer has made a reasonable effort to recruit U.S. workers and found that there are no qualified, able, available and willing U.S. workers for the position. Employment certification is required to assure that an alien s employment does not adversely affect the U.S. labor market or displace a U.S. worker. An application for alien employment certification must be filed with the DOL. The state employment agency reviews the application to assure that the wage offered is within the prevailing wage for the job in the area, and that the application is otherwise consistent with regulations. If the application is found to be in order, the state agency opens a job order for the position, which remains open for ten days. When the job order is opened, an advertisement must be published three days consecutively in the local newspaper. The advertisement refers applicants directly to the employer. The state agency also refers applicants to the employer, who must keep accurate records of all applicants, including telephone inquiries, job applications, resumes, and personal interviews conducted. The employer must determine whether any of the applicants are truly qualified for the position. At the end of the 10-day job order period, the employer has 45 days to document the results of recruitment efforts. All documentation is submitted to the DOL. The DOL then makes a determination as to whether an employment certification is granted. Should the DOL find grounds for denial of the application, the Certifying Officer will issue a denial. There is no appeal from this denial. A petition must then be filed with the USCIS if the labor certification is approved. This entire process can take up to three to six months. -11-
H-3 VISA CATEGORY: TRAINEES Basic Requirements The U.S. company or institution must be bringing the alien to the U.S. to participate in an established training program that is not available in the alien s home country. The alien trainee is not to engage in productive employment if such employment will displace a U.S. resident. A statement describing the kind of training, the duties and the reason why the training has to be done in U.S. must accompany the petition. Application Process U.S. employer files petition with U.S. Citizenship and Immigration Services ( USCIS ). Duration of Stay Depends on duration of training program, but may not exceed one year without an approved extension. -12-
L-1 VISA CATEGORY: INTRACOMPANY TRANSFEREE Basic Requirements Allows foreign employees of multi-national corporations to transfer to the U.S. parent/subsidiary. Foreign company must have subsidiary/parent/affiliate relationship to the U.S. company. Employee must have worked abroad for overseas company for at least one in the preceding three years in one of positions listed below. Employee must be coming to work in one of the following types of positions in the U.S.: 1) Executive Capacity: direct overall management of organization; establish overall long-term goals; wide latitude of discretionary authority; 2) Managerial Capacity: direct recognized department, function or subdivision of company; discretionary authority over daily questions; hiring/firing authority; 3) Specialized Knowledge: special knowledge possessed by an individual of the petitioning organization s product, service, research, equipment, techniques, management or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization processes and procedures. Application Process Employer files petition with U.S. Citizenship and Immigration Services ( USCIS ). Canadian citizens may file at U.S. port of entry. Filing fees are $325.00 plus a $500.00 fraud fee (in effect March 8, 2005). For a 14-day expedited service (premium processing), the filing fee is an additional $1,225.00. Alien employee takes approval notice to U.S. consulate to obtain visa if a non-canadian citizen. Duration of Stay Initial three-year period. One year for newly established U.S. companies. Extensions for two years at a time. Seven years maximum stay allowed for managers and executives. -13-
TREATY NAFTA (TN) VISA CATEGORY: PROFESSIONALS LISTED ON SCHEDULE 2 Basic Requirements Alien must be a citizen of Canada or Mexico. Alien must be one of the professionals listed on Schedule 2 of the NAFTA. Alien must be qualified to perform the services of the profession and be licensed in the state where services will be performed if the state requires its residents in the same profession to be licensed. The purpose of the entry is temporary. Application Process Canadian citizens may apply at U.S. Port of Entry. Mexican citizens require a visa. Duration of Stay Period of time required by employer; up to 3 years at a time. Extensions are available as required, no limit so long as there is intent to return to Mexico or Canada. -14-
SCHEDULE 2 (TN PROFESSIONAL) Accountant - baccalaureate degree or license or C.P.A., C.A., C.G.A. or C.M.A. Architect - baccalaureate degree or state/provincial license Computer systems analyst - baccalaureate degree or Post-Secondary Certificate and three years experience Disaster relief claims adjuster - baccalaureate degree or three years experience in the field of claims adjustment Economist - baccalaureate degree or license Engineer - baccalaureate degree or state/provincial license Forester - baccalaureate degree or state/provincial license Graphic designer - baccalaureate degree, or post-secondary diploma and three years experience Hotel manager - baccalaureate degree and three years experience in hotel management Industrial designer - B.A.C.C. or license or P.S.O. and three years experience Interior designer - B.A.C.C. or license or P.S.C. and three years experience Land surveyor - baccalaureate degree or state/provincial/federal license or P.S.C. and three years experience Landscape architect - baccalaureate degree or license Lawyer - member of bar in province or state, or L.L.B., J.D., L.L.L. or B.C.L. or license Librarian - M.L.S. or B.L.S. (for which another baccalaureate degree was a prerequisite) Management consultant - baccalaureate degree or five years experience in field of specialty relating to the consulting agreement Mathematician - baccalaureate degree or license, includes statistician Medical/allied professionals Dentist - D.D.S., D.M.D., or state/provincial license Dietitian - baccalaureate degree or state/provincial license Medical technologist - baccalaureate degree or license or P.S.C. and three years experience Nutritionist - baccalaureate degree or license Occupational therapist - baccalaureate degree or state/provincial license Pharmacist - baccalaureate degree or state/provincial license Physician (teaching and/or research only) - M.D. or state/provincial license Physical therapist - baccalaureate degree or state/provincial license Psychologist - state/provincial license Recreational therapist - baccalaureate degree Registered nurse - state/provincial license Range manager (range conservationist) - baccalaureate degree Research assistant (working in a post-secondary educational institution) - baccalaureate degree or license. Scientific technician/technologist Must work in direct support of professionals in the following disciplines: Chemistry, engineering, geology, geophysics, meteorology, physics, astronomy, agricultural sciences, biology or forestry. Must possess theoretical knowledge of the discipline. Must solve practical problems in the discipline. Must apply principles of the discipline in basic or applied research. Scientist Agriculturist (agronomist) - baccalaureate degree or license Animal breeder - baccalaureate degree or license Animal scientist - baccalaureate degree or license Apiculturist - baccalaureate degree or license Astronomer - baccalaureate degree or license Biochemist - baccalaureate degree or license Biologist - baccalaureate degree or license Chemist - baccalaureate degree or license Dairy scientist - baccalaureate degree or license Entomologist - baccalaureate degree or license Epidemiologist - baccalaureate degree or license Geneticist - baccalaureate degree or license Geologist - baccalaureate degree or license Geophysicist - baccalaureate degree or license -15-
Horticulturist - baccalaureate degree or license Meteorologist - baccalaureate degree or license Pharmacologist - baccalaureate degree or license Physicist - baccalaureate degree or license Plant breeder - baccalaureate degree or license Poultry scientist - baccalaureate degree or license Soil scientist - baccalaureate degree or license Zoologist - baccalaureate degree or license Silviculturist (forestry specialist) - baccalaureate degree or license Social Worker - baccalaureate degree or license Teacher College - baccalaureate degree or license Seminary - baccalaureate degree or license University - baccalaureate degree or license Technical publications writer - baccalaureate degree, or post-secondary diploma and three years experience Urban planner - baccalaureate degree (including Geographic) Veterinarian - D.V.M., D.M.V., or state/provincial license Vocational counselor - baccalaureate degree or license -16-
LIST OF ALL NONIMMIGRANT CATEGORIES VISA SYMBOL CLASS A-1 Ambassador, Public Minister, Career Diplomat or Consular Officer, and Members of Immediate Family A-2 Other Foreign Government Official or Employee and Members of Immediate Family A-3 Attendant, Servant, or Personal Employee of A-1 or A-2 and Members of Immediate Family B-1 Temporary Visitor for Business B-2 Temporary Visitor for Pleasure B-1/B-2 Temporary Visitor for Business and Pleasure C-1 Alien in Transit Directly Through U.S. C-1D Combined Transit and Crewman Visa C-2 Alien in Transit to UN Headquarters District Under 11(3), (4) or (5) of the Headquarters Agreement C-3 Foreign Government Official, Members of Immediate Family, Attendant, Servant or Personal Employee in Transit C-4 Transit without Visa, see TWOV D-1 Crewmember departing on same vessel of arrival D-2 Crewmember departing by means other than vessel of arrival E-1 Treaty Trader, Spouse and Children E-2 E-3 Treaty Investor, Spouse and Children Treaty Australia F-1 Academic Student F-2 Spouse or Child of F-1 G-1 Principal Resident Representative of Recognized Foreign Member Government to International Organization and Members of Immediate Family G-2 Other Representative of Recognized Foreign Member Government to International Organization and Members of Immediate Family G-3 Representative of Non-recognized or Nonmember Government to International Organization and Members of Immediate Family G-4 International Organization Officer or Employee and Members of Immediate Family G-5 Attendant, Servant, or Personal Employee of G-1, G-2, G-3, G-4 or Members of Immediate Family H-1B Specialty Occupations, Dept. of Defense Workers, Fashion Models H-1B1 Professional visa for Chilean citizens H-1C Nurses going to work for up to three years in health professional shortage areas H-2A Temporary Worker Performing Agricultural Services Unavailable in U.S. (Petition Filed On or After 6/1/87) H-2B Temporary Worker: skilled and unskilled (Petition Filed On or After 6/1/87) H-3 Trainee H-4 Spouse or Child of H-1, H-2, H-3 I Visas for Foreign Media Representatives J-1 Exchange Visitors J-2 Spouse or Child of J-1 K-1 Fiancé(e) of U.S. Citizen K-2 Minor Child of fiancé(e) of U.S. Citizen VISA SYMBOL L-1A L-1B CLASS Intra-company Transferee (Executive and Managerial) Continuing With International Firm or Corporation Intra-company Transferee (Specialized Knowledge) L-2 Spouse or Child of L-1 M-1 Vocational Student or Other Nonacademic Student M-2 Spouse or Child of M-1 N-8 Parent of An Alien Classified SK-3 Special Immigrant N-9 Child of N-8 or of an SK-1, SK-2, or SK-4 Special Immigrant NAFTA See TN NATO Representative of Member State to NATO O-1 Extraordinary Ability in Sciences, Arts, Education, Business or Athletics O-2 Accompanying Alien of O-1 O-3 Spouse or Child of O-1 or O-2 P-1 Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group P-2 Artist or Entertainer in a Reciprocal Exchange Program P-3 Artist or Entertainer in a Culturally Unique Program P-4 Spouse or Child of P-1, P-2 or P-3 Q-1 International Cultural Exchange Visitors Q-2 Irish Peace Process Cultural and Training Program (Walsh Visas) Q-3 Spouse or Child of Q-2 R-1 Religious Occupation R-2 Spouse or Child of R-1 S-5 Informant of Criminal Organization Information S-6 Informant of Terrorism Information T-1 Victims of a severe form of Trafficking in Persons T-2 Spouse of a Victim of a severe form of Trafficking in Persons T-3 Child of Victim of a severe form of Trafficking in Persons T-4 Parent of Victim of a severe form of Trafficking in Persons (if T-1 victim is under 21 years of age) TN Trade Visas for Canadians and Mexicans TD Spouse or Child accompanying TN TWOV Passenger TWOV Crew U-1 Victim of Certain Criminal Activity U-2 Spouse of U-1 U-3 Child of U-1 U-4 Parent of U-1, if U-1 is under 21 years of age V-1 Spouse of an LPR who is the Principal Beneficiary of a Family-Based Petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years V-2 Child of an LPR who is the Principal Beneficiary of a Family-Based Petition (I-130) that was filed prior to December 21, 2000 and has been pending for at least three years V-3 The Derivative Child of a V-1 or V-2-17-
PERMANENT IMMIGRATION Family-Sponsored Preferences First: Second: Unmarried sons and daughters of U.S. citizens: 23,400 plus any numbers not required for fourth preference. Spouses and children, and unmarried sons and daughters of permanent residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers: A. Spouses and children: 87,934 minimum, i.e., 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. Unmarried sons and daughters (21 years of age or older): 26,266 minimum, i.e., 23% of the overall second preference limitation. Third: Fourth: Married sons and daughters of citizens: 23,400, plus any numbers not required by first and second preferences. Brothers and sisters of adult citizens: 65,000, plus any numbers not required by first three preferences. Employment-Based Preferences First: Second: Third: Fourth: Priority workers: 40,000, plus any numbers not required for fourth and fifth preferences. (multi-national executive or managers; outstanding professors or researchers; aliens with extraordinary ability in arts, sciences, education, business or athletics). Members of the professions holding advanced degrees or persons of exceptional ability: 40,000, plus any numbers not required by first preference. Skilled workers, professionals, and other workers: 40,000, plus any numbers not required by first and second preferences, not more than 10,000 of which go to other workers. (requires a certificate by Department of Labor attesting that there are insufficient qualified U.S. workers for the job.) Certain special immigrants: 10,000, not more than 5,000 of which to the religious workers. -18-