American immigration law classifies visas issued into two categories: nonimmigrant visas and immigrant visas. U.S. consulates issue nonimmigrant visas to foreign nationals, who wish to visit the U.S. temporarily. The different nonimmigrant visas encompass multiple reasons why a foreign national may enter the U.S. For example, tourism (B-2); visits with family (B-2); brief educational endeavors, longer educational purposes, and internships (F-1, M-1, J-1). As an additional example, U.S. law authorizes visas for employment (H-1B, L-1, O, R-1, TN), business investment purposes (E-1 & E-2), and additional reasons.   

E-1 VISA (Treaty Trader) and E-2 VISA (Treaty Investor)

Foreign nationals may wish to pursue business activity within America. The U.S. entered into treaties to facilitate trade and investment. A treaty must govern commerce and navigation between the United States and the foreign nation. An applicant for an E-1 visa or E-2 visa must satisfy multiple criteria before obtaining these visas.

The E-1 and E-2 visas differ. The E-1 visa focuses upon substantial trade between the United States and the E-1 applicant’s nation. An applicant intending to conduct business only in the U.S. domestic market, with no direct trade occurring with the E-1 applicant’s nation, may not qualify for an E-1 visa. In contrast to the E-1 visa, obtaining an E-2 visa does not require that an applicant demonstrate that the E-2 business will conduct substantial trade between the United States and the foreign nation.     

H-1 VISAS

The United States Government authorizes a few different H visas for foreign nationals to work in the United States. A few examples of the different types of H visas:

• H-1B visas for foreign nationals who will work in a specialty occupation, a project with the U.S. Defense Department, or fashion model;
• H-1C visas for registered nurses;
• H-2A visas for foreign nationals who will provide agricultural labor;
• H-2B visas available to foreign nationals who will perform other temporary services or labor; and
• H-3 visas for a trainee (not graduate medical education) or a foreign national participating in a special education exchange visitor program.

Generally, the H visas require that the employer receive certification from the U.S. Labor Department, and that USCIS approve a petition filed by the employer or academic institution. Employers filing petitions for H-1B beneficiaries must apply for H-1B registration during the open time period. Employers may only file petitions for H-2A and H-2B beneficiaries from certain nations. 

K-3 VISAS (SPOUSES)

A K-3 visa differs from the K-1 visa. A foreign national fiancé/fiancée receives a K-1 visa. In contrast, U.S. consulates issue K-3 visas to a U.S. citizen’s foreign national spouse. A married couple may wish to consider the K-3 visa when the couple do not want to remain separated while petitioning for an immigrant visa. Stated differently, a married couple should consider the K-3 visa when the foreign national spouse wishes to reside in the U.S. while waiting for USCIS to approve a pending I-130 Form.

EXTENSION OF STAY and CHANGE OF STATUS

After CBP admits a nonimmigrant beneficiary into America, life events may require that a foreign national remain in the U.S. beyond the authorized stay period. A noncitizen may find the last day of authorized stay on the I-94 Form. When encountering these life events, a foreign national may request that USCIS extend the stay in the U.S. Just as life may require an extension of stay, life may motivate a desire to remain in America beyond the authorized stay. Some nonimmigrant categories may change status to a different category under certain circumstances.