Non-Immigrant Visas for:
Non-Immigrant Visa for Persons of
Extraordinary
Ability (O Visa):
The O visa classification is available to persons with extraordinary
ability in the sciences, arts, education, business and athletics,
or extraordinary achievement in motion picture and television production,
and their essential support personnel.
The sponsor is required to file a petition, Form I-129 O, with
the United States Citizenship and Immigration Services (USCIS).
In the case of an alien who is traditionally self-employed or who
uses agents to arrange short-term employment with numerous employers,
an agent may file the petition with USCIS. An agent may also file
a petition on behalf of a foreign employer.
Immediate Family Members O Visa Holders (O-3 visa):
Spouses and/or children under the age of 21 require derivative
O-3 visas. Spouses and children may study in private or public schools
in the United States on the O-3 visa. However, spouses on O-3 visas
may not work. If a spouse on an O-3 visa is seeking employment,
he or she must seek the appropriate work visa to do so. The principal
O applicant must prove the ability to support the family while in
the U.S.
Non-Immigrant Visa for
Professional Performers, Entertainers, and Athletes (P Visa):
The P-1 visa classification is meant for certain athletes, entertainers
and artists, and essential support personnel. Individual members
of the entertainment industry are not eligible for the P-1 visa
classification, but individual athletes are. For members of the
entertainment industry, the visa will be issued for a specific event
only. However, individual athletes may be admitted for five years
and a team for a period of six months.
The P-2 visa classification provides for the admission into the
United States of an artist or entertainer, either an individual
or group, involved in a reciprocal exchange program between an organization
or organizations in the United States and one or more foreign countries
which provides for the temporary exchange of artists and entertainers.
The P-3 visa classification provides for the admission into the
United States of an artist or entertainer, either an individual
or group, to perform, teach, or coach under a program that is culturally
unique.
The sponsor is required to file a petition, Form I-129 P, on behalf
of the beneficiary with the United States Citizenship and Immigration
Services (USCIS). A P visa applicant must satisfy the condition
that she/he has a residence abroad, with no intention of abandoning.
Immediate Family Members of P Visa Holders (P-4 visa):
Spouses and/or children under the age of 21 require derivative
P-4 visas. Spouses and children of P visa holders may study in private
or public schools. However, spouses on P-4 visas may not work. If
a spouse on a P-4 visa is seeking employment, he or she must seek
the appropriate work visa to do so. The principal P applicant must
prove the ability to support the family financially while in the
U.S.
Non-Immigrant Visa for
Members of the Media (I Visa):
Representatives of the foreign media traveling on assignment to
the United States require “I” classification visas.
Freelance journalists will only be considered for the “I”
visa classification if they are under contract to a media organization.
Definition of the term representative of the foreign media includes,
but is not limited to, members of the press, radio, or film whose
activities are essential to the foreign media function, such as
reporters, film crews, editors and persons in similar occupations.
As a general rule, stories that report on events, including sports
events, are essentially informational and are usually appropriate
"I" classification visa activities. People involved in
associated activities such as proofreaders, librarians, set designers,
etc. will require O, P or H visas.
Immediate Family Members of I Visa Holders:
Spouses and/or children under the age of 21 require derivative
I visas. Spouses and children of I visa holders may study in private
or public schools the United States on the derivative I visa. However,
spouses on I visas may not work. If a spouse on I visa is seeking
employment, he or she must seek the appropriate work visa to do
so. The principal I visa applicant must prove the ability to support
the family financially while in the U.S.
Non-Immigrant Visa for
Cultural Exchange (Q Visa):
Participants in an international cultural exchange program designed
to provide practical training, employment and sharing of the participant’s
native culture, require classification Q visas.
The training/employment must be approved in advance by the office
United States Citizenship and Immigration Services (USCIS) in the
United States on the basis of a petition, form I-129Q, which must
be filed by the U.S. sponsor.
The culture-sharing must take place in a school, museum, business,
or other establishment where the public is exposed to aspects of
a foreign culture as part of a structured program and must be designed
to exhibit the attitude, customs, history, heritage, philosophy
and/or tradition of the alien’s country of nationality. The
organization must demonstrate that it has the ability to conduct
a responsible international cultural exchange program and has the
financial ability to remunerate the participant and offer him/her
wages and working conditions comparable to those accorded local
domestic workers similarly employed.
A Q visa petition is approved for the length of the program, or
for fifteen months, whichever is shorter. The holder of a Q visa
who has spent fifteen months in the United States may not be issued
a visa or be readmitted under the Q visa classification unless he/she
has resided and been physically present outside the United States
for one year.
As a Q visa applicant, you must satisfy the condition of having
a residence abroad with no intention of abandoning.
Immediate Family Members of Q Visa Holders:
There is no derivative visa category for spouses and children of
the beneficiary of a Q petition.
This information does not constitute legal advice.
Consult an attorney for the analysis of your case. |
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