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ALBAREDA, ROSSO,
MALUJE
Types of Visas:
Florida Immigration & Trial Lawyers
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B-1 VISITOR FOR BUSINESS
Permits a foreign national to enter the U.S. to conduct business associated with international
trade or commerce. This status does not authorize employment in the United States.
E-1 TREATY TRADER/E-2 TREATY INVESTOR
The E Visa category is available to citizens of countries which have a treaty of trade and
commerce with the U.S. The E-1 Trader must conduct 'substantial' trade between the treaty
country and the United States; the E-2 Investor must make a 'substantial' investment in the
United States. Key employees who are nationals of the treaty country may be eligible for E
status. There is no maximum period of stay in this category.
F-1 FOREIGN STUDENT
Students are admitted to pursue academic studies in F-1 status. F-1 students may obtain
practical training employment authorization for a period of one year immediately after
completing a degree. The employment is not limited to a specific employer, but the
employment must be in appropriate field of study.
H-1B SPECIALTY WORKERS
Available to foreign nationals with a minimum of a Baccalaureate Degree or its equivalent,
working in a specialty occupation which requires said degree as the minimum for entry into the
position. The employment is "employer specific" and the petitioning employer must file
attestations with the U.S. Department of Labor, including an attestation that the salary offered
is at least the prevailing wage for the position. Foreign nationals are allowed to remain in the
United States for a period of six years in H-1B1 classification.
H-2B TEMPORARY WORKERS
The H-2B non-immigrant visa program permits employers to hire foreign workers to come to
the U.S. and perform temporary non-agricultural work, which may be one-time, seasonal, peak
load or intermittent.
H-3 TRAINEES
Available to foreign nationals who will be trained by U.S. employer, so long as the training is
not designed to provide productive employment. Total stay available is two years.
L-1A/L-1B INTRACOMPANY TRANSFEREES
Available to employees of international companies who have worked abroad for a related
company for at least one year in the three years immediately preceding the filling of the
application. L-1A classification is available to managers or executives for up to seven years
stay in the United States; L-1B classification is available to employees with specialized
knowledge who may remain in the United States for a total of five years.
K-1 FIANCE VISA
Regardless of the country in which your fiance resides, the K-1 Fiance Visa is the proper visa
for her or him to use to enter the United States to marry. You can marry your fiance if he or
she enters on another visa or waiver. However, she or he will then need to leave the United
States, obtain a K-3 Marriage Visa (see below) at the United States Consulate in her or his
country and re-enter the United States on the Marriage Visa (K-3) in order to be able to stay in
the United States on a permanent basis as your Husband or Wife.
K-3 SPOUSAL VISA & K-4 CHILDREN VISA
The K-3 Marriage Visa is only for those who are already married or are soon to be married. The
requirements of the K-3 marriage visa are similar to the Fiance Visa (K-1 above); however, the
Marriage Visa requires a great deal more paperwork. If you are not yet married it may be faster
and easier for you to obtain a Fiance Visa. You must be a United States citizen to file a petition
to obtain a K-3 visa for your Spouse. Husbands and Wives of permanent residents cannot
obtain the K-3 Marriage Visa. If you are planning on marrying your fiance while he or she is in
the United States and your fiance is not in the United States of a K-1 Visa, please call this law
office. Please note that children of the K-3 Marriage Visa recipient may also qualify for the K-4
Visa. A child may qualify for a K-4 visa if he or she is an unmarried minor child less than 21
years old of a qualified K-3 Marriage Visa applicant.
O-1 ALIENS OF EXTRAORDINARY ABILITY, P-1 PERFORMING
ARTISTS AND ATHLETES, O-1 CULTURAL EXCHANGE VISITORS
This classification is utilized by foreign nationals of extraordinary ability, established artists or
athletes, and persons participating in cultural exchange programs to come to the United States
to perform services in their areas of expertise.
TN NAFTA
Available to qualified workers from Canada and Mexico entering the United States to work in
fields designated in the NAFTA Treaty. The TN worker must have the intent to remain only
temporarily in the United States and is admitted for a period of one year.
EMPLOYMENT-BASED IMMIGRATION: PERMANENT RESIDENCE
Employment-based immigration allows foreign nationals who have skills and talents needed in
the United States to obtain lawful permanent residence ("green card"). The employment based
immigrant classifications are divided into five categories:
LABOR CERTIFICATION
A "labor certification" is a determination by the U.S. Department of Labor that there are no
available and qualified U.S. workers for the position being offered and that the employment of
the foreign national will not adversely affect the wages and working conditions of U.S. workers.
The process is somewhat lengthy and the employer must conduct a supervised recruitment
with a state employment service in order to test the labor market. Generally, the foreign
national is in a valid nonimmigrant status during this process, unless he/she is abroad. The labor
certification is a prerequisite to the Second and Third Preference employment categories, unless
in the Second Preference, the work is "in the national interest."