Nonimmigrant Visas American Immigration Law Office

U.S. Nonimmigrant Visa Lawyer London

Entering the U.S. on a Temporary Basis

If you wish to enter the United States for a temporary period of time, you must apply for and obtain a nonimmigrant visa. There are several different types of nonimmigrant visas, all of which are classified according the purpose of your visit. Each nonimmigrant visa will dictate the terms of your stay in the USA, including the activities you are permitted to engage in and the duration of your time there.

If you are currently residing in the UK, you can complete the nonimmigrant visa application process through consular processing, which will be conducted at the U.S. Embassy in London. Generally, consular processing will require applicants to supply a number of forms and documentation. They will also have to attend an interview by making a personal appearance at the Embassy. Our firm's US Immigration Attorney London can assist you in preparing your application and can guide you through all the steps inherent to consular processing.

Types of Nonimmigrant Visas

The firm can analyse your situation in order to determine the most appropriate nonimmigrant visa for your needs. While there are various nonimmigrant visas that can allow you to enter the United States on a temporary basis, the most common types of nonimmigrant visas are as follows:

U.S. immigration law allows foreign nationals to visit the U.S. for business, medical treatment or pleasure. These visas usually allow a stay in the USA for six months, but can be granted for up to one year. (B-1) Business Visitor visas allow individuals to visit the U.S. to participate in commercial transactions such as contract negotiations and consultations, so long as they do not receive a salary or remuneration. (B-2) Visitor Visas are granted for visits related to recreational activities, tourism or medical treatment.

Students and Trainees
Students and trainees who wish to obtain nonimmigrant visas must be registered with the Student and Exchange Visitor Immigration System (SEVIS) program. SEVIS requires the institution to report certain information about the student, including when they complete a programme of study.

  • (F) Student Visas allow foreign citizens to attend a U.S. institution of learning. This includes undergraduate, postgraduate, post-secondary non-vocational, elementary, middle school and high school levels, as well as other eligible courses of study. Student visas are valid for the duration of studies;
  • (M) Student Visas are reserved for students who will be attending vocational or technical schools in the United States;
  • (J) Exchange Visitor Visas are for professors, research scholars, trainees or interns, certain university students, teachers, camp counselors and au pairs, among others.

Nonimmigrant visas can also allow foreign citizens to work temporarily in the United States. The most common nonimmigrant worker visas include:

  • E - Treaty Traders (E-1) or Treaty Investors (E-2): Suitable for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation to come to the United States to carry on substantial trade between the United States and the treaty country (E-1) or to develop and direct the operations of an enterprise in which the person has invested, or is actively in the process of investing, a substantial amount of money (E-2).
  • H-1B Visa: Reserved for individuals in specialty occupations, fashion models, and employees of the U.S. Department of Defense. Specialty occupations are those where theoretical and practical application of highly specialised knowledge is needed, as well as a Bachelor's degree or equivalent experience.
  • H-1C Registered Nurse:* Nurses working in Health Professional Shortage Area may petition for an H-1C visa. Generally speaking, to qualify for an H-1C visa, a person must have a full nursing license in the country where their nursing education was obtained, be authorized by the appropriate U.S. State Board of Nursing to practice, have passed all necessary examinations, and have been fully qualified under state law to practice as a Registered Nurse immediately upon entering the United States.
  • H-2A Temporary Agricultural Workers:* H-2A visas are limited only for seasonal work to citizens or nationals of designated countries as long as it can be demonstrated that there are not enough U.S. workers able and willing to perform the temporary work.
  • H-2B Temporary Non-Agricultural Workers:* To qualify for H-2B nonimmigrant classification, a petitioner must show that there are not enough US workers to perform the temporary work, that employing H-2B workers will not negatively affect the wages of similarly employed US workers, and that the work is indeed temporary, such as a one-time occurrence, seasonal, peakload, or intermittent need.
  • H-3 Nonimmigrant Trainee:* Trainees may receive training in any non-medical field of endeavor or participate in a special education exchange visitor training program by applying for an H-3 visa. To be granted an H-3 visa, employers must demonstrate that the proposed training is not available in the foreign national’s native country, that the position is not that normal operation of the business, the national will not engage in productive employment, and the training will benefit the national in pursuing a career abroad.
  • H-4: Spouses and children of H-3 nonimmigrants may accompany them by applying for H-4 status. Most H-4 beneficiaries are not able to work while in the United States.
  • I Visas: Representatives of foreign media, press, and radio may apply for an I visa if they can demonstrate that they are a bona fide representative of a foreign media organization. A consular officer at the petitioner’s U.S. embassy will determine if their activity is qualifying.
  • L Visas: Intra-company transferees who worked and will continue to work in a managerial or executive capacity (L-1A), or in a position involving specialised knowledge (L-1B visa) may petition for an L visa. Individuals must have been employed by the same employer abroad for at least 1 year within the previous three years.
  • O Visas: Foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics may enter the United States with an O visa. Applicants must demonstrate sustained national or international acclaim in a specific area and must be coming temporarily to the US to continue work in said area.
  • P Visas: Performing athletes, artists and entertainers who have demonstrated internationally recognized sustained performance may work in the United States with a P visa. P visas are also offered to persons providing essential services in support of these individuals.
  • Q Visas: International cultural exchange visitors participating in programs designated by the Department of State may enter the United States with a Q visa. Only employers who administer cultural exchange programs are allowed to petition for Q nonimmigrants. Q nonimmigrants must be age 18 or older and be able to effectively communicate about the cultural attributes of your country.
  • R Visas: Foreign nationals may come to the United States to temporarily work as a minister or in another religious occupation for at least 20 hours per week by a bona fide non-profit religious organization or non-profit organization affiliate with a religious denomination. Applicants must have been a member of the religious denomination or organization for at least two years immediately before filing the petition.

* Please note that the law firm does not currently provide legal representation regarding these visas.

Certain family members of U.S. citizens and lawful permanent residents can also obtain nonimmigrant visas. These include:

  • Fiancé (K-1) Visas - Fiancés of U.S. citizens who will marry the US citizen within 90 days of entry.
  • Spouse (K-3) Visas - Spouses of U.S. citizens where the spouse seeks to enter the U.S. whilst awaiting the resolution of the pending immigration petition filed by their U.S. citizen spouse.
  • Spouse / Children of LPRs (V) - Some spouses and children of lawful permanent residents who meet qualifying criteria.

Obtain Your Nonimmigrant Visa with the Firm's Assistance

Although these are the most common temporary visas, there are many more types of nonimmigrant visas available for your intended stay in the United States. Are you searching for an attorney for your nonimmigrant visa case in London? At the American Immigration Law Office LTD, our legal adviser can fully assist you in evaluating your situation, choosing the most appropriate course of action and completing all of the necessary procedures.

If you would like to schedule a consultation with a knowledgeable U.S. immigration lawyer in London, contact the firm today.

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