McLean's Immigration Law PLLC: Immigration and Nationality Law

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Temporary Visas Employment Ba Family Based Permenant Visas U.S. Citizenship
Temporary Visas

Other Visas

The E-1 visa is issued to individuals known as "treaty traders" to facilitate international trade between the U.S. and a foreign country of which s/he is a national.  There must exist between the U.S. and the visa holder's country a Treaty of Navigation and Commerce (FCN), Bilateral Investment Treaty (BIT), or Free Trade Agreement.  The trade must be substantial and must be principally between the U.S. and the treaty country. 

A spouse and children of the E-1 visa holder can accompany the E-1 holder.  Spouses of E-1 holders can work with a USCIS issued Employment Authorization Document (EAD).

E-2 Visa
The E-2 visa is issued to individuals known as "treaty investors."  A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.  E-2 visa holders may remain in the United States for up to two years with extensions up to 2 years at a time. 

The treaty investor must be able to demonstrate that they are coming to the U.S. to partake in either a substantial investment including business in service or technology between, primarily, the U.S. and the treaty nation or to direct the operations of a business in which the E-2 holder has invested or will soon invest a substantial amount of money.  E-2 visa holders must own more than fifty percent of the proposed investment, unless that person is entering the U.S. as an employee of a business providing more than fifty percent of the total investment.

A spouse and children under the age of 21 may accompany the E-2 visa holder under derivative status.  Spouses of E-2 visa holders can work with a USCIS issued Employment Authorization Document (EAD).

J-1 Visa
The J-1 visa is designed to provide educational and cultural exchange programs, and to promote the sharing of individuals, knowledge, and skills in education, the arts and sciences.  This visa enables people to participate in exchange programs in the United States.  The J-1 visa holders include students, trainees involved in on-the-job training, visiting scholars and researchers, and consultants.  Although many J-1 visa holders come to the U.S. for paid on-the-job training, exchange students who visit the U.S. under this status are not permitted to work.

The J-1 applicant must prove that his or her stay in the U.S. will be temporary; that he/she will have sufficient funds to stay in the U.S.; and that he/she intends to return home after the visit.

Certain J visa holders are subject to the requirement that they must return to their home country or country of last residence upon completion of their training in the U.S. before they are eligible to adjust status or apply for H or L status or other nonimmigrant visas.

A spouse and children under the age of 21 may apply for entry under J-2 status.  Dependents of J-1 visa holders may work in the U.S. if they can prove that the work is not for the support of the principal J-1.

K-1 Visa
Individuals interested in entering the United States to marry an American citizen and reside in the U.S. can apply for a K-1 visa.  The K-1 visa, also known as the fiance(e) visa, grants the holder conditional permanent resident status.  However, the marriage must take place within 90 days of arriving in the U.S.  K-1 visa holders are permitted to work upon the issuance of an Employment Authorization Document (EAD) by the USCIS.  (See family-based permanent status).

Dependent children under 21 years of age may accompany the K-1 visa holder under K-2 status.

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