Non-immigrant Visas

Information on Pittsburgh Immigration Laws

Non-immigrant visas permit foreigners to enter the United States for a temporary period of time, which can range from a few days to over five years.  Visa holders who intend to stay past the validity of their visas become immigrants and must follow the immigrant visa procedures.  The United States Citizenship and Immigration Services (USCIS) issues non-immigrant visas for a variety of activities, including business, tourism, studying, working, or obtaining medical treatment.  The following is a brief overview of the common non-immigrant visas:

B-1 Visa (Visitor for Business)

B-1 visas allow those coming to the U.S. to do business on a foreign employers' behalf.  U.S. employers cannot hire B-1 visa holders.  Traditionally, B-1 visas are valid for 180 days.  B-1 visas holders can perform a variety of tasks that benefit their foreign employers. These tasks include consulting with business associates, traveling for a convention, attending a conference on specific dates, settling an estate, or negotiating a contract.

B-2 Visa (Visitor Visa for Pleasure, Tourism, or Medical Treatment)

The B-2 visa allows foreigners to come to the United States to partake in activities that are recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and other social activities. 

H-1B Visa (Specialty Occupations)

Foreign nationals employed in specialty occupations involving the application of highly specialized knowledge are eligible for an H-1B Visa.  The visa is valid for a maximum of six years.  The USCIS limits the number of H-1B Visas approved every year.  For Fiscal Year 2009, the number was capped at 65,000, with as many as 20,000 exemptions for workers with a Masters degree or higher from a U.S. educational institution. 

H-2B Visa (Temporary Workers)

H-2B visas are issued to foreign nationals to work temporarily in jobs for which employers can prove a shortage of qualified American workers.  The position must be temporary and the employer must prove that the need for the employee will end within a period that does not extend the visa's expiration, which is initially after one year. 

H-3 Visas (Trainees)

Foreign nationals can enter the United States for up to two years for training and skill development to use in their careers in other countries under an H-3 Visa.  Trainees must enroll in structured training programs at United States companies, and the programs must be unavailable in the foreigner's home country.  The skills learned must be relevant to the foreign national's work outside the United States.

E Visas (Treaty Trader and Treaty Investor Visas)

A foreign national who is a citizen of a country that has a treaty with the United States can enter the United States to invest in a business or to engage in international trade under either an E-1 (Treaty Traders) or an E-2 (Treaty Investors) visa.  See this page for a list of the nations that have treaty arrangements with the US for E Visa purposes.

Under the E-1 visa, foreign nationals enter the United States to engage in substantial trade of goods, services, or technology with treaty countries.  An E-1 treaty trader must be an executive or manager or hold a job that requires skills essential to the employer, and the company must be majority-owned by treaty nations.

The E-2 visa allows investors who are nationals of treaty countries to remain in the United States to develop, direct, and oversee business that involves investing substantial sums of money in an active business in the U.S. The E-2 visa includes managers, executives, and essentially skilled employees from treaty countries.

Spouses and unmarried children under 21 years of age may accompany the principal holder of an E visa.  An E visa holder's spouse can apply for an Employment Authorization Document after entry to the United States.

L-1 Visas (Intercompany Transferees)

L-1 visas permit foreign companies with branches or affiliations in the United States to transfer needed employees to their United States facilities.  The foreign national must assume comparable duties in the United States with the same employer, or with an affiliate or subsidiary of the same employer.  For an L-1 visa to remain valid, the foreign operation must continue to do business in the foreign country during the entire period the L-1 visa is valid.  Spouses and unmarried children under 21 years old of intracompany transferees may be granted L-2 visas.  An L-2 visa holder is not permitted to work in the United States. Please see the frequently asked questions page for further information regarding L-1 visas.

O Visas (Extraordinary Ability)

O Visas are available to people with extraordinary ability in the sciences, arts, education, business, or athletics.  Applicants must prove their extraordinary ability by providing national or international acclaim, they can only enter the U.S. to work in their specific field, and USCIS must find that their admission substantially benefits the United States.  This visa is granted for up to three years, and may be subject to subsequent renewal for one year at a time.

P Visas (Performing Artist)

P Visas are given for a variety of performers, depending on the type of visa:

• P-1 visa: issued to internationally recognized entertainers and athletes
• P-2 visa: issued to reciprocal exchange artists and entertainers
• P-3 visa: issued to culturally unique artists and entertainers
• P-4 visa: granted to family members of P-1, P-2 and P-3 visa holders

J Visas

J visas allow sponsoring institutions to bring students, researchers and business or industrial trainees into the United States to participate in training programs authorized by the United States Information Agency (USIA). 

F Visas

F visas are issued to students enrolled in academic institutions.  F visa holders may work on campus throughout their studies and during school vacations, and with authorization, may engage in practical training during their studies or for one year after completion.  Any further training activities requires authorization from the educational institution and USCIS.

Seek Experienced Legal Representation

A wide variety of nonimmigrant visas are available to foreign nationals who wish to come to the United States on a temporary basis.  Experienced legal counsel can assist you in determining the proper type of visa, prepare and file the appropriate paperwork, and ensure that you have submitted the appropriate documentation required for visa approval.