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H 1 N 1 Is Not a Visa: A Survey of the Other Visa H 1 N 1 Is Not a Visa: A Survey of the Other Visa Categories ‘A’ thru ‘V’ Eugene Goldstein, Esq Law Offices of Eugene Goldstein & Associates (212) 374 -1544 [email protected] com http: //www. eglaw-group. com Thursday, November 5, 2009 1

A Visas n Diplomats, officials and employees of foreign government (1) recognized by the A Visas n Diplomats, officials and employees of foreign government (1) recognized by the U. S. and (2) coming on official business. n A visa holders may adjust status. ¨ If failed to maintain status and can demonstrate compelling reasons why cannot return to home country. ¨ Must also demonstrate it is in the U. S. national interest and not contrary to national welfare, safety and security to grant LPR status. 2

A-1 Visas n n n Ambassadors, public ministers or career diplomats/officers and their immediate A-1 Visas n n n Ambassadors, public ministers or career diplomats/officers and their immediate families. Credentials must be approved by U. S. as accepted by the President or the Secretary of State. Possession of the visa, standing alone, does not prove diplomatic status. Must be on OFFICIAL BUSINESS. Duration of Status (D/S) Dependents – may be employed only if apply for and receive an EAD from USCIS, subject to any restrictions stated on the EAD. 3

A-2 and A-3 Visas n n A-2 Other accredited officials and employees of foreign A-2 and A-3 Visas n n A-2 Other accredited officials and employees of foreign governments and their immediate families. Duration of Status Only on basis of reciprocity – Check DOS Dependants may be employed only if they apply for and receive an EAD from USCIS, subject to any restrictions stated on the EAD. n n n A-3 Attendants, servants, personal employees of A-1 or A-2 and members of their immediate families. Duration of Status Only on basis of reciprocity. Must prove admissibility. Admission of 3 years plus 2 year periods. Family of A-3 no employment 4

Temporary Visitors (B Visa) n n Must have a “residence” in a foreign country Temporary Visitors (B Visa) n n Must have a “residence” in a foreign country (need not have his own home), but must be “actual dwelling place in fact. ” Must have no intention of abandoning foreign residence. ¨ By showing employment, family, social ties, etc. to residence abroad. ¨ Permission to enter foreign country at end of stay. ¨ Adequate financial arrangements to carry out purpose of visit. n Initial admission – 1 year maximum with 6 months extensions. ¨ For B-2 s, generally automatically admitted for 6 months. 5

Temporary Visitors (B Visa) n A person entering the U. S. as a B-1/B-2 Temporary Visitors (B Visa) n A person entering the U. S. as a B-1/B-2 can no longer begin to attend school as an F-1/M-1 without first obtaining a change of status in the U. S. , or an F-1/M-1 visa abroad. n If a student with a B-1/B-2 begins school without an F-1/M-1 or a change of status s/he will be denied a change of status to an F-1/M-1 6

B-1 Visitors for Business n n n Engaging in commercial transactions not involving gainful B-1 Visitors for Business n n n Engaging in commercial transactions not involving gainful employment. May also study, if it is part of work or recreational activities. Participating in scientific, educational, professional, religious or business conventions. ¨ n May receive an honorarium and incidental expenses for “usual academic activity” from an academic institution as long as it does not last more than 9 days at a single academic institution, and as long as the foreign national has not accepted more than five such honoraria in a six-month period. Religious workers coming temporarily to do missionary work if such work does not involve the selling of articles or solicitation and acceptance of donations, and receives no 7 salary/renumeration except expenses.

B-1 Visitor for Business n n Business = legitimate commercial or professional activity; not B-1 Visitor for Business n n Business = legitimate commercial or professional activity; not local employment or labor for hire. Must show: ¨ Clear intent to continue foreign residence. ¨ Principal place of business and actual accrual of profits predominantly in foreign county. ¨ Various U. S. entries of plainly temporary nature, etc. n Employment Authorization: ¨ NOT permitted to be employed in the U. S. ¨ Only for domestic servants and employees of airlines of non-treaty countries, and domestic partner. 8

B-2 Visitors for Pleasure n For tourists, social visits to friends/relatives, health purposes, participants B-2 Visitors for Pleasure n For tourists, social visits to friends/relatives, health purposes, participants in conventions, dependants of U. S. Armed Forces personnel, etc. Pleasure = “Legitimate activities of a recreational character, including tourism, amusement. . . ” n No employment permitted. n 9

Visa Waiver Program (WB & WT) n n Waiver for persons from certain countries Visa Waiver Program (WB & WT) n n Waiver for persons from certain countries applying as B 1/B-2 for a period not in excess of 90 days with nonrefundable ticket. US-VISIT Program – machine-readable passports (MRP) and MRPs that incorporate biometric identifiers. ESTA Clearance prior to travel. NOT eligible for change of status, extension of status, or adjustment of status unless it is on the basis of an immediate relative petition. Also exception for up to 30 days for illness. ¨ However, a VWP placed in a removal (asylum only) proceeding may be ineligible to AOS even if an immediate relative. 10

C Visas – Transits n C-1 = for alien in “immediate and continuous transit C Visas – Transits n C-1 = for alien in “immediate and continuous transit through U. S. ” ¨ Crewmen n joining ship or plane. C-2 = U. N. transits ¨ Non de jure and nonmember reps, e. g. Chairman Abbas or U. N. experts. C-3 = Foreign representative passing through U. S. n NOT permitted to receive payment from any U. S. source. n 11

D Visa – Crewmen (Sea or Air) n n Crewmen = person serving in D Visa – Crewmen (Sea or Air) n n Crewmen = person serving in good faith in any capacity required for normal operation and service on board a vessel. Determined by: (1) the nature of the employee’s duties; (2) when those duties are performed; and/or (3) whether any employee has a permanent connection with the ship, and whether their presence facilitates the operation of the vessel. No extension of stay, no change of status, no adjustment except INA § 245(i) Permitted to be employed in the U. S. only by the vessel or aircraft. 12

E Visa – Treaty Trader/Investor n n Based upon Treaty of Friendship, Commerce and E Visa – Treaty Trader/Investor n n Based upon Treaty of Friendship, Commerce and Navigation, or Bilateral Investment Treaty, or other arrangements (NAFTA-Canada and Mexico) between U. S. and country with s/he is a national. Need not show proceeding to U. S. for a specific period of time, so long as there is an ultimate intention to depart the U. S. and not permanently remain. Applicant must have an intent to depart and DOS requires a visa applicant to establish that s/he will not seek adjustment of status within the U. S. Time of Admission = 2 year admission and extension of stay up to 2 years at a time. 13

E-1 and E-2 Visas n E-1 Treaty Trader n “the existing international n exchange E-1 and E-2 Visas n E-1 Treaty Trader n “the existing international n exchange of items of trade for consideration between the U. S. and the treaty country. ” n Spouses may apply to USCIS for employment authorization. Children can attend school w/o changing status, but no EAD n unless there is a change of status to F-1. n Extension – auto 240 days n n n E-2 Treaty Investor Investment must be “substantial, ” not passive or marginal, e. g. not mere ownership or a residence. Must manage business and not compete directly in the market as skilled laborer; has controlling interest in the business. Spouses may apply to USCIS for employment authorization. Children can attend school w/o changing status, but no EAD. Age-Out Problem – if derivative’s birthday is more than 30 days from the beginning of a semester. 14

E-3 Visa – Australian “Specialty Occupation” n n n Allows persons to enter the E-3 Visa – Australian “Specialty Occupation” n n n Allows persons to enter the U. S. “solely to perform services in a ‘specialty occupation’ in the United States if the alien is a national of the Commonwealth of Australia” and employer files a labor attestation (LCA). 10, 500 visas per fiscal year E-3 spouses may work and E-3 applicants are not required to pay the special fees required of H-1 Bs. Admitted initially for a period not to exceed the validity of LCA. The term of admission normally granted is two years. Spouses eligible for employment authorization. 15

F-1 Visa – Academic Students n n n Seeks to enter the U. S. F-1 Visa – Academic Students n n n Seeks to enter the U. S. as a student “temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States. ” Applicant will study ONLY at an institution particularly designated by him and approved by ICE in compliance with the SEVIS program. Intent Not to abandon foreign residence Must maintain a full course of study. Duration of Status – all students will be admitted a maximum of 30 days before program start date. Employment: on-campus, CPT, OPT 16

F-2 and F-3 – Family and Commuter Students n n F-2 Visas for family F-2 and F-3 – Family and Commuter Students n n F-2 Visas for family members of F-1 s, they may not attend school without change of status to F-1, except that children may attend elementary through 12 th grade. F-2 s may not attend school while the change of status is pending. n n n F-3 Visas For commuter students from Canada and Mexico to attend school part time or full time in the U. S. as long as they are not residing in the U. S. Will be given a date certain on their I-94, instead of D/S. Subject to SEVIS but may not obtain F-2 status for their dependents. 17

G Visas – Under International Organizations Immunities Act n n G-1: Principal resident representative, G Visas – Under International Organizations Immunities Act n n G-1: Principal resident representative, family and staff of a recognized foreign government to international organization. e. g. , U. N. , WHO, IMF, etc. G-2: Representatives of a recognized foreign government to international organization and their immediate family. G-3: G-1/G-2 from government without de jure recognition from U. S. or nonmember country of international organization. e. g. , Iran or Cuba. G-4: Officers and employees of international organization and immediate family. Includes “personnel of any rank. ” ¨ Sons and daughters, widows and retirees in G-4 status can apply for green card as “special immigrants. ” (May need “N” status as a bridge. ) 18

G Visas – Under International Organizations Immunities Act n n n n G-5: Attendants, G Visas – Under International Organizations Immunities Act n n n n G-5: Attendants, servants and personal employees of G-1 to G-4. ¨ May be admitted for 3 years, plus renewals in increments of 2 years, but extensions must be accompanied by a letter from employer describing G-5’s work. G-1 to G-4: Duration of Status so long as DOS recognizes credentials. Employment Authorization: The spouse and unmarried dependent children, sons or daughters of G-1, G-3 or G-4 s may also seek employment authorization. For G-1 and G-3, dependents’ employment can only be pursuant to a formal bilateral employment agreement or an informal de facto reciprocal agreement if they are a national of that country. It is a violation of status for dependents to work without authorization AND for principal alien when s/he works outside scope of his or her official position. Age out problem for children – See slide 14 19

H-1 B Visas - Specialty Occupation n Dual Intent OK – Approval of labor H-1 B Visas - Specialty Occupation n Dual Intent OK – Approval of labor certification or the filing of immigrant visa petition does not preclude granting an H 1 B petition or extension – Does not require maintenance of a foreign residence. n Labor Condition Application (LCA) Requirement n Cap of 65, 000 H-1 B Visas Per Year, with 20, 000 Advanced U. S. Degrees n 6 year maximum, but can begin a new 6 year cycle if out of the country for a year. ¨ Recapture time if outside U. S. or if a green card employment application has been pending for more than 1 year, may file for extension over 6 years. 20

H-1 B Visa - Specialty Occupation n n Quota exceptions: Employment at a U. H-1 B Visa - Specialty Occupation n n Quota exceptions: Employment at a U. S. Institution of Higher Education (Colleges or University) or a Related/Affiliated Non-Profit Entity or Employment at a Non-Profit Research Organization or a (Federal) Government Research Organization, or State or Local Government Benefiting the Federal Government. Costs = Filing Fee $320 Training Fee $750 (Companies of 25 employees or less/$1, 500 if 26 employees or more) by Employer’s Check ¨ Fraud Detection Fee $500 must be by Employer’s Check ¨ ¨ n USCIS Site Checks Premium Processing Fee $1, 000 Government FY begins 10/1, DOL permits filing of H-1 B 6 months early File 4/1 – 4/5. If Over Cap Lottery If you win the H-1 B lottery – OPT extended to 10/1 H-1 B start date with employment – but no travel. ¨ If you lose – continue in school or consider alternative visa categories, or go 21 home. ¨ ¨

Other H-1 Visas n H-1 A category expired on n H-1 B 1 – Other H-1 Visas n H-1 A category expired on n H-1 B 1 – Fast Track H 1 -Bs September 30, 1997, under extension from the Immigration Nursing Relief Act of 1989. U. S. has entered into Fast Track Trade legislation with Chile and Singapore. ¨ Currently, Chile receives a maximum of 1, 400 H-1 B 1 s and Singapore a maximum of 5, 400 H-1 B 1 s. ¨ n Actual numbers used are subtracted from the overall H-1 B cap. n H-1 C – Professional Nurses Working in Health Professional Shortage Areas (HPSAs) Permits foreign trained nurses to work temporarily at hospitals in Health Professional Shortage Areas (HPSAs). ¨ Period of admission is 3 years. ¨ Total number of H-1 C issued in each fiscal year shall not exceed 500. ¨ 22

H-2 Visas – Temporary Workers n H-2 A – Temporary workers performing “agricultural labor H-2 Visas – Temporary Workers n H-2 A – Temporary workers performing “agricultural labor or services … of a temporary or seasonal nature. ” Employer must demonstrate that there are insufficient workers who are able, willing, qualified and available to perform the agricultural work at the time and place, AND ¨ His or her employment will not adversely affect wage and working conditions of similarly employed U. S. workers. n ¨ ¨ n 50% Rule: Requires employers to hire qualified U. S. farmworkers who apply for the job until 50% of the contract period has been completed. H-2 B – Temporary workers performing “other temporary service or labor. ” n n n Must get temporary labor certification, demonstrating that (1) No USC/LPR workers are available for position; (2) employment of aliens will not adversely affect wage rate and working conditions of similarly employed workers in the U. S. (Construction projects, seasonal resort workers, etc. ) Must demonstrate that the request for labor is a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need. H-2 B is limited to 66, 000 visas a year. Period of employment must be a year or less unless there are extraordinary circumstances or in the case of a onetime event could last up to 3 years. 23

H-3 and H-4 Visas n H-3: Trainees Temporary worker invited by an individual or H-3 and H-4 Visas n H-3: Trainees Temporary worker invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. ¨ Training program must be one “that is not designed primarily to provide productive employment. ” ¨ Must have foreign residence to which s/he must return. ¨ n H-4: Accompanying family members ¨ Spouse/children 24

I Visa – Representative of Foreign Information Media, Spouse and Child n n Must I Visa – Representative of Foreign Information Media, Spouse and Child n n Must be a bona fide representative. Of foreign press, radio, film or other foreign information media. ¨ n n n Entering solely to engage in vocation Only if “home office” is in foreign country. Duration of status upon entry, extension for 1 year. ¨ n n Highly recommended that they have track record of bylines and professionally appropriate publications to prevent implication of fraud. No limitation on extensions. May remain indefinitely. No requirement of residence abroad. Condition of entry – reciprocity between U. S. and home country. No restrictions on adjustment. Spouse/children – must apply for employment authorization to work. 25

J-1 Visa – Exchange Visitor n n n For nonimmigrant professors, scholars, researchers, students, J-1 Visa – Exchange Visitor n n n For nonimmigrant professors, scholars, researchers, students, teachers, nonacademic specialists, foreign physicians, international visitors, government visitors, camp counselors, au paires, trainees, interns, etc. who have no intention of abandoning foreign residence, and Have sufficient funds and fluency in English, and Maintain sufficient medical insurance for accident and illness for participant and J family members in a minimum amount of $50, 000 per accident or illness. n Two-Year Foreign Residence Requirement: ¨ Certain J visa holders are subject to a requirement by funding source or “Skills List” that they must return to their home country or country of last residence upon completion of their training in the U. S. before adjustment of status, change of status or apply for any other immigrant or nonimmigrant visa. ¨ May apply for a waiver – based on possible persecution, exceptional hardship, no objection waiver, request by U. S. Federal Agency, or as International Medical Graduate ¨ Subject to DOS favorable recommendation to USCIS. n Admission with D/S on I-94 = completion of J program + 30 days J-2: Also subject to foreign-residence requirement n 26

K Visa – Fiancé(e) of USC n K-1: Criteria A fiancé(e) of USC. Seeks K Visa – Fiancé(e) of USC n K-1: Criteria A fiancé(e) of USC. Seeks to enter U. S. solely to conclude a valid and bona fide marriage with petitioner. ¨ Marry within 90 days after entry. ¨ Must have previously met in person within two years of filing petition. ¨ Must provide criminal record of the petitioner, if any. ¨ ¨ n n n n K-2: for minor children of fiancés as accompanying Petition valid only for entry of 4 months. Can be revalidated for 4 -month period, but no extensions of stay, or change of status. K-3: A person who has a valid marriage to a USC, I-130 filed by USC on his/her behalf, and s/he seeks to enter the U. S. to await the approval. K-4: Unmarried child of a K-3 applicant. K-1 and K-2 have work authorization. K-3/K-4 cannot change status in the U. S, nor can an nonimmigrant visa holder change to a K-3/K-4 has employment authorization incident to status but must apply. 27

L Visa – Intracompany Transferee Continuing Employment with Int. Firm/Corp. n Beneficiary must be L Visa – Intracompany Transferee Continuing Employment with Int. Firm/Corp. n Beneficiary must be employed continuously abroad for 1 of the past 3 years by parent, branch, affiliate or subsidiary of U. S. company preceding the application for admission. ¨ n To enter U. S. temporarily to continue to work for same employer or its affiliate or subsidiary. ¨ n n n One-year cannot be met by working part of year for affiliate or branch in U. S, but time spent in U. S. will not interrupt one year. Not required to be full time employment. Must work in Managerial, Executive or “Specialized Knowledge” skills. Intent no longer an issue – dual intent as with H-1 B Possibly used as alternative for H-1 B due to cap shortage. 28

L-1 A, L-1 B and L-2 n L-1 A – Continuously working in a L-1 A, L-1 B and L-2 n L-1 A – Continuously working in a capacity that is managerial or executive. Exempt from labor certification when applying for EB-1 Green Card Category from L-1 A. ¨ Duration - 7 Years ¨ n L-1 B – Continuously working in a capacity that involves “Specialized Knowledge” Requires labor certification to obtain LPR status. ¨ Duration – 5 Years ¨ n L-2 – Spouse and children of L-1 visa holders. ¨ Spouse is eligible for employment authorization. 29

M Visa – Vocational Students n n n n M-1: Similar to F-1 except M Visa – Vocational Students n n n n M-1: Similar to F-1 except at a vocational/nonacademic institution. (Can be for culinary, secretarial, flight schools) M-2: Spouse or Child of M-1. M-3: For commuter students from Canada and Mexico attending school part time or full time in the U. S. as long as they are not residing in the U. S. Admitted for time necessary to complete course +30 days, or for one year, whichever is less. Extension – can cumulatively obtain extensions up to 3 years (+30 days) from the original start date to complete program. No work authorization. Practical Training – Temporary employment for practical training may be authorized only after completion of the student’s course of study. ¨ ¨ M-1 student may not begin employment until s/he has been issued EAD. One month employment authorization granted for each four months of full -time study that the M-1 student has completed. However, an M-1 student may not engage in more than six months of practical training in the aggregate. 30

N Visa – Special Immigrants n Parents and children of G-4 s and NATO N Visa – Special Immigrants n Parents and children of G-4 s and NATO employees accorded “Special Immigrant” status if child given G or NATO visa during the time s/he is under 21. (Used as “bridge status” if principal departs. ) 31

NATO Visas – Special Visas for Certain Employees of NATO n n n Exempt NATO Visas – Special Visas for Certain Employees of NATO n n n Exempt from overstay requirements unless USCIS or IJ makes a status determination. Employment authorization for NATO principal is incident to status. Dependents may be given employment authorization if there is a written bilateral dependent employment agreement or a de facto agreement. Civilian employees of NATO as well as their spouse and children may obtain “Special Immigrant” status in the same manner as G-4 employees. 32 NATO-1 to NATO-7

O Visa – Extraordinary Individual n O-1 A: Person who “has extraordinary ability in O Visa – Extraordinary Individual n O-1 A: Person who “has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim” n O-1 B: If in motion picture or TV production, the person must have “a demonstrated record of extraordinary achievement. ” Person needs to demonstrate that his or her achievements have been recognized in the field “through extensive documentation. ” § Dual intent OK – no foreign residence requirement but there is a requirement that there be a temporary intent to remain. § Can be in any field, even lawyers. § With intention to continue to use ability. § 240 -day rule applies. § Usually also qualifies for EB 1 -1 Green Card. O-1 needs petitioner, EB 1 -1 may self-petition. 33

O Visa – Extraordinary Individual n O-2: For person accompanying and assisting an O-1 O Visa – Extraordinary Individual n O-2: For person accompanying and assisting an O-1 artist or athlete in the artistic or athletic performance for a specific event or events so long as: S/he is an integral part of such actual performance. ¨ S/he has critical skill and experience with the O-1 that are not of a general nature and which cannot be performed by other individuals. ¨ S/he has foreign residence which s/he has no intention of abandoning. ¨ n O-3: For spouse and children accompanying and following to join as O-3 s. n Admission – For O category generally, it is for such time as the AG may specify to provide for the event(s), but no more than 3 years. n Beneficiary may be admitted 10 days before and stay until 10 days after validity period. 34

P Visa – Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group n P Visa – Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group n P-1 - Athletes and Group Entertainers ¨ P-1 A: Person who performs as an athlete, individually or as part of a group or team that is “internationally recognized” OR n n ¨ n n Has had a sustained and substantial relationship with the group over a period of at least one year. Also includes minor league professional/entertainers under certain circumstances. P-1 B: Person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time. Seeks to enter temporarily and solely for purpose of performing in a “competition, event or performance. ” If visa holder is a member of a group, s/he may not perform services 35 separate from that group.

P Visa – Artist or Entertainer n P-2 – Reciprocal Exchange Program ¨ Performs P Visa – Artist or Entertainer n P-2 – Reciprocal Exchange Program ¨ Performs as artist or entertainer individually or as part of a group, or is an integral part of the performance. ¨ Seeks to enter temporarily and solely for performing and ¨ Under a reciprocal exchange program between an organization or organizations in the U. S. and one or more foreign organizations and which provides for the temporary exchange of artists, entertainers or groups. n P-3 – Culturally Unique Program ¨ Performs as an artist, entertainer, individual or as part of a group or is an integral part of the performance AND ¨ Enters temporarily and solely to perform, teach or coach in a culturally unique program. ¨ There is no requirement that group exist before tour. ¨ May be commercial or noncommercial program. ¨ No need to be sponsored by educational, cultural or government agency. n P-4 – Spouses and Children ¨ Can enter as accompanying or following to join as P-4 s. No employment unless authorized. Granted same term of admission as spouse. 36

Q-1 Visa – Participant in an International Cultural Exchange Program n For participant in Q-1 Visa – Participant in an International Cultural Exchange Program n For participant in an international cultural exchange program designated by the AG for the purpose of providing practical training, employment AND the sharing of the history, cultural and traditions of the country of the person’s nationality. n Conditions: ¨ ¨ ¨ n Requirements for Program Approval: ¨ n Cannot exceed 15 months. Beneficiary must have foreign residence. Must be physically outside of the U. S. for 1 year before eligible to apply for Q visas again after the 15 months. Interaction with American Public Requirements for Participants: ¨ ¨ Must be 18 at time petition filed; Must be qualified to perform work; Must have ability to communicate cultural attributes of country; Must have resided and been physically present outside the U. S. for the immediate prior year if previously admitted as Q. 37

R Visa – Alien in a Religious Occupation n R-1 - For minister or R Visa – Alien in a Religious Occupation n R-1 - For minister or a person working in a professional capacity in a religious vocation or occupation or a person working for a religious organization in a religious vocation or occupation and who for 2 years immediately preceding the application has been a member of the religious denomination having a bona fide nonprofit religious organization in the U. S. n Entry limited to 5 years. n R-2 – Spouse and children accompanying or following to join. 38

S Visa – Certain Aliens Supplying Critical Information Relating to a Criminal Organization or S Visa – Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise n n S-1: Alien who is willing to supply or has supplied such information to federal or state law enforcement authorities or court AND whose presence in the U. S. the AG determine is essential to the success of an authorized criminal investigation or prosecution. S-2: Persons supplying critical information relating to terrorism. ¨ n n n 200 visas for S-1 per year; 50 for S-2 Maximum admission is 3 years. AG not permitted to grant extension. Cannot change status from S visa, but can change status to S. Spouse, married or unmarried sons and daughters, and parents may accompany or follow to join if AG or Secretary of State and AG deem it 39 appropriate.

T Visa – Victim of Trafficking in Persons n n n n Must comply T Visa – Victim of Trafficking in Persons n n n n Must comply with reasonable request by Federal, State or Local law enforcement authorities to assist in the investigation or prosecution of trafficking or in the investigation of crimes where acts of trafficking are at least one central reason of the crime. If under 18, s/he is not required to assist law enforcement agencies to obtain the visa. If under 21, the principal may include her spouse, parents, unmarried siblings under 18 at time of principal’s filing, and children who may accompany or follow to join. If 21 or over, may include only her spouse and children. 5, 000 visas per year – does not apply to T derivatives. Age Out Provision – Sibling and children who are under 21 do not age-out if application is filed before they are 21 and principal who is under 21 will continue to be treated as under 21 for purposes of being accompanied by family. May obtain employment authorization. Duration – maximum period of 4 years; may apply for change of status. 40

TN Visa – NAFTA Professionals n For Canadian and Mexican citizens engaged in activities TN Visa – NAFTA Professionals n For Canadian and Mexican citizens engaged in activities at a professional level on TN list. ¨ Similar to H-1 B except there is no statutory limitation on stay such as exists for Hs or Ls, and it generally covers a broader range of job categories. ¨ May be admitted for up to 3 years. n MUST prove intent not to immigrate. n May NOT be self-employed in U. S. , including through corporation acting as agent, but owned by applicant. 41

TD Visa – Spouse or Child of NAFTA Professional n For spouses and unmarried TD Visa – Spouse or Child of NAFTA Professional n For spouses and unmarried minor children accompanying or following to join TN. n Shall not accept employment UNLESS they are otherwise authorized. n Permitted to attend school on a full time basis, but no employment permitted. 42

U Visa – Victim of Substantial Physical or Mental Abuse from Criminal Activity n U Visa – Victim of Substantial Physical or Mental Abuse from Criminal Activity n n n Must show: (a) has suffered substantial physical or mental abuse as a result of having been a victim of “qualifying criminal activity; ” (b) possesses credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based; (c) has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity; AND (d) the qualifying criminal activity occurred in U. S. Generally used for physical abuse of spouse, children. 10, 000 visas per year – applies only to principal. Employment authorized incident to status. Approval for 4 years. Family members: spouse and children under 21 of U-1 where the U-1 is 21 and over. Where U-1 is under 21, family members include spouse, children, parents and unmarried siblings (under 18). U-2: Spouse of U-1 U-3: Child of U-1 U-4: Parent of U-1 43 U-5: Unmarried sibling of U-1

V Visa – Beneficiary of 2 A Family Preference Category Petition Filed Before 12/21/00 V Visa – Beneficiary of 2 A Family Preference Category Petition Filed Before 12/21/00 n n V-1: Visa for spouses of LPRs – if the LPR filed an I-130 petition for the spouse or child prior to 12/21/2000 AND if the petition is pending for 3 or more years or if the petition has been approved but 3 or more years have elapsed and a visa number is not immediately available or a visa number is available but the application remains pending, by 2009 most resolved. V-2: Visa for children of LPRs (same criteria as V-1) ¨ n n Subject to age-out. If ages out, becomes ineligible. V-3: Dependent, unmarried children of spouses of LPRs (same criteria as V-1) Employment authorization for period equals to the visa’s authorized admission. 44

QUESTIONS? Review NAFSA handbook pages: 1334 – 1343. 45 QUESTIONS? Review NAFSA handbook pages: 1334 – 1343. 45

H 1 N 1 Is Not a Visa: A Survey of the Other Visa H 1 N 1 Is Not a Visa: A Survey of the Other Visa Categories ‘A’ thru ‘V’ Eugene Goldstein, Esq Law Offices of Eugene Goldstein & Associates (212) 374 -1544 [email protected] com http: //www. eglaw-group. com Thursday, November 5, 2009 46