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Law Offices of Osas Iyamu, LLC

Our Services / Non-Immigrant Visa

An Overview

Each year, people come from other countries to the United States temporarily for a variety of reasons and purposes. Generally, such persons are called Non-Immigrants.

In fact, several Non Immigrant visa categories exist to accommodate the various reasons and purposes people come to the United States.

For example, categories of Non-Immigrants include foreign government officials, representatives of international organizations, tourists, temporary workers, foreign athletes and artists, students, cultural exchange visitors, religious workers, foreign media representatives, treaty traders and investors, professional workers, and much more.

Some Non Immigrant visa categories facilitate the entry of family members of US citizens such as Fiance, spouses and minor children of United States Citizens. Upon entry, they are afforded the opportunity to apply for Permanent Residence (Commonly known as Green Card ) in the US.

Admittance to the United States as a Non Immigrant is intended to be for temporary purpose. However, some Non Immigrants are permitted to extend the duration of their stay in the United States, change to a different Non Immigrant visa status within the US, or in some cases adjust their status to that of a legal Permanent Resident of the United States.

Below are some of the various Non-Immigrant visa categories:

Non Immigrant Visa Classification:

A-1 Visa Class

  • Description: Firstly, Ambassador, public Minister, Career diplomatic or consular officer, and their immediate family members.
  • Employment Eligibility: Employer-specific; however, certain dependents from countries with special bilateral agreements are eligible for Employment authorization incident to status; other dependents must apply for employment authorization.

A-2 Visa Class

  • Description: Next, other foreign government official and employee and their immediate family members.
  • Employment Eligibility: Employer-specific; similarly, certain dependents from countries with special bilateral agreements are eligible for Employment authorization incident to status; other dependents must apply for employment authorization.

B-1 Visa Class

  • Description: Temporary Visitor for Business
  • Employment Eligibility: Not eligible for employment

B-2 Visa Class

  • Description: Temporary Visitor for Pleasure
  • Employment Eligibility: Not eligible for employment

C-1 Visa Class

  • Description: Alien in transit directly through the U.S.
  • Employment Eligibility: Not eligible for employment

C-2 Visa Class

  • Description: Alien in transit to the United Nations Headquarters.
  • Employment Eligibility: Employer-specific

C-3 Visa Class

  • Description: Foreign government official, immediate family, or personal employee in transit
  • Employment Eligibility: Employer-specific

C-4 Visa Class

  • Description: Transit without a visa (see also TWOV)
  • Employment Eligibility: Not eligible for employment

D-1 Visa Class

  • Description: Crewmember
  • Employment Eligibility: Employer-specific

D-2 Visa Class

  • Description: Crewmember departing by means other than arriving vessel.
  • Employment Eligibility: Employer-specific

E-1 Visa Class

  • Description: Treaty Trader and employees, spouse, and children.
  • Employment Eligibility: Employer-specific; meanwhile, spouses in the same classification are eligible for EAD incident to status. However, children are not eligible for employment, except unmarried dependent children of E-1 employees of the Coordination Council for North American Affairs, who may apply for employment authorization.

E-2 Visa Class

  • Description: Treaty Investor and employees, spouse, and children.
  • Employment Eligibility: Employer-specific; additionally, spouses in the same classification are eligible for EAD incident to status. However, children are not eligible for employment.

F-1 Visa Class

  • Description: Academic Student (except Border Commuters from Canada or Mexico, see below)
  • Employment Eligibility: Eligible for on-campus employment and curricular practical training incident to status; therefore, no separate EAD is necessary. However, students must apply for employment authorization for optional practical training or to work off-campus.

F-1/F-3 Visa Class

  • Description: Border Commuter Academic Students from Canada and Mexico
  • Employment Eligibility: Generally, students must apply for employment authorization for curricular practical training or alternatively, post-completion optional practical training.

F-2 Visa Class

  • Description: Spouse or child of F-1
  • Employment Eligibility: Not eligible for employment.

G-1 Visa Class

  • Description: Primarily, principal resident representative of a recognized foreign member government to an international organization, along with their staff and immediate family.
  • Employment Eligibility: Employer-specific; furthermore, certain dependents from countries with special bilateral agreements must apply for employment authorization.

G-2 Visa Class

  • Description: Additionally, other representatives of a recognized foreign member government to an international organization, and their immediate family.
  • Employment Eligibility: Employer-specific; Dependents are not eligible for employment.

G-3 Visa Class

  • Description: Furthermore, representatives of a non-recognized or non-member government to an international organization, and their immediate family.
  • Employment Eligibility: Employer-specific; additionally, certain dependents from countries with special bilateral agreements must apply for employment authorization.

G-4 Visa Class

  • Description: Additionally, international organization officer or employee, along with their immediate family.
  • Employment Eligibility: Employer-specific; moreover, dependents must apply for employment authorization.

G-5 Visa Class

  • Description: Specifically, attendant, servant, or personal employee of G-1, G-2, G-3, G-4, along with their immediate family.
  • Employment Eligibility: Employer-specific; Dependents are not eligible for employment.

H-1b Visa Class

  • Description: Alien in Specialty Occupation (profession)
  • Employment Eligibility:  Employer-specific

H-1c Visa Class

  • Description: Registered Nurse serving in underserved area
  • Employment Eligibility: Employer-specific

H-2a Visa Class

  • Description: Specifically, temporary worker performing agricultural services unavailable in the United States.
  • Employment Eligibility: Employer-specific

H-2b Visa Class

  • Description: Temporary worker performing other services unavailable in the United States.
  • Employment Eligibility: Employer-specific

H-3 Visa Class

  • Description: Trainee
  • Employment Eligibility: Employer-specific

H-4 Visa Class

  • Description: Spouse or child of H-1, H-2, or H-3
  • Employment Eligibility: Not eligible for employment

I Visa Class

  • Description: Primarily, Information Media Representatives and their immediate family.
  • Employment Eligibility: Employer-specific; however, dependents are not eligible for employment.

J-1 Visa Class

  • Description: Exchange Visitor
  • Employment Eligibility: Employer-specific

J-2 Visa Class

  • Description: Spouse or child of J-1
  • Employment Eligibility: Therefore, employer-specific roles must apply for employment authorization.

K-1 Visa Class

  • Description: Specifically, fiancé(e).
  • Employment Eligibility: Eligible for EAD incident to status

K-2 Visa Class

  • Description: Minor child of K-1
  • Employment Eligibility: Eligible for EAD incident to status

K-3 Visa Class

  • Description: Spouse of US citizen
  • Employment Eligibility: Similarly, eligible for EAD incident to status.

K-4 Visa Class

  • Description: Child of K-3
  • Employment Eligibility: Eligible for EAD incident to status

L1A Visa Class

  • Description: Intracompany Transferee (manager or executive)
  • Employment Eligibility: Employer specific

L1B Visa Class

  • Description: Intracompany Transferee (specialized knowledge alien)
  • Employment Eligibility: Employer-specific

L-2 Visa Class

  • Description: Spouse or child of L-1
  • Employment Eligibility: Generally, spouses of L-1s are eligible for EAD incident to status; however, children are not eligible for employment.

NATO-6 Visa Class

  • Description: Specifically, a member of a civilian component accompanying a force entering in accordance with the NATO Status-of-Forces Agreement or attached to Allied Headquarters under the “Protocol on the Status of International Military Headquarters” set up pursuant to the North Atlantic Treaty, along with their immediate family.
  • Employment Eligibility: Employer-specific; additionally, certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-7 Visa Class

  • Description: Personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6, and immediate family.
  • Employment Eligibility: Employer-specific; furthermore, certain dependents from countries with special bilateral agreements must apply for employment authorization.

O-1 Visa Class

  • Description: Specifically, alien with extraordinary ability in sciences, arts, education, business, or athletics.
  • Employment Eligibility: Employer-specific

O-2 Visa Class

  • Description: Aliens accompanying/assisting O-1performers or athletes
  • Employment Eligibility: Employer-specific

O-3 Visa Class

  • Description: Spouse or child of O-1 or O-2
  • Employment Eligibility: Not eligible for employment under this category

P-1 Visa Class

  • Description: Individual or Team Athletes, and Group Entertainers.
  • Employment Eligibility: Employer-specific

P-2 Visa Class

  • Description: Specifically, individual/group artist/entertainer under a reciprocal exchange program.
  • Employment Eligibility: Employer-specific

P-3 Visa Class

  • Description: Artist or Entertainer in Culturally Unique Program
  • Employment Eligibility: Employer-specific

P-4 Visa Class

  • Description: Spouse or child of P-1, P-2, or P-3
  • Employment Eligibility: Not eligible for employment under this category

Q-1 Visa Class

  • Description: International Cultural Exchange Visitor
  • Employment Eligibility: Employer-specific

Q-2 Visa Class

  • Description: Notably, Irish Peace Process Cultural and Training Program (Walsh visas).
  • Employment Eligibility: Employer-specific

Q-3 Visa Class

  • Description: Spouse or child of Q-2
  • Employment Eligibility: Not eligible for employment

R-1 Visa Class

  • Description: Religious Worker
  • Employment Eligibility: Employer-specific

R-2 Visa Class

  • Description: Spouse or child of R-1
  • Employment Eligibility: Not eligible for employment

S-5 Visa Class

  • Description: Witness or informant regarding criminal organization.
  • Employment Eligibility: Must apply for employment authorization

S-6 Visa Class

  • Description: Witness or informant regarding terrorism
  • Employment Eligibility: Must apply for employment authorization

S-7 Visa Class

  • Description: Spouse, children, or parent of S-5 or S-6
  • Employment Eligibility: Therefore, must apply for employment authorization.

T-1 Visa Class

  • Description: Specifically, victim of a severe form of trafficking in persons.
  • Employment Eligibility: Eligible for EAD incident to status

T-2 Visa Class

  • Description: Spouse of trafficking victim
  • Employment Eligibility: Therefore, must apply for employment authorization.

T-4 Visa Class

  • Description: Parent of trafficking victim under 21
  • Employment Eligibility: Consequently, must apply for employment authorization.

TN-1 Visa Class

  • Description: Canadian NAFTA Professional
  • Employment Eligibility: Employer-specific

TN-2 Visa Class

  • Description: Mexican NAFTA Professional
  • Employment Eligibility: Employer-specific

TD Visa Class

  • Description: Spouse or child of TN-1 or TN-2
  • Employment Eligibility: However, not eligible for employment.

TWOV Visa Class

  • Description: Transit without a visa (Passenger or crew admitted temporarily) (see also C-4)
  • Employment Eligibility: Similarly, not eligible for employment.

U-1 Visa Class

  • Description: Victim of certain criminal activity
  • Employment Eligibility: Eligible for EAD incident to status

U-2 Visa Class

  • Description: Spouse of U-1 victim
  • Employment Eligibility: Therefore, must apply for employment authorization.

U-3 Visa Class

  • Description: Child of U-1 victim
  • Employment Eligibility: As a result, must apply for employment authorization.

U-4 Visa Class

  • Description: Parent of U-1 victim under 21
  • Employment Eligibility: Must apply for employment authorization

V-1 Visa Class

  • Description: Specifically, spouse of a Lawful Permanent Resident who is the principal beneficiary of a family-based petition.
  • Employment Eligibility: Eligible for EAD incident to status

V-2 Visa Class

  • Description: Child of Lawful Permanent Resident who is the principal beneficiary of a family-based petition
  • Employment Eligibility: Eligible for EAD incident to status

V-3 Visa Class

  • Description: Derivative child of a V-1 or V-2
  • Employment Eligibility: Eligible for EAD incident to status

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