There are many other types of
nonimmigrant visas available for entry into the United States.
Hammond & Associates is including here a brief summary of
some of these nonimmigrant visas; specifically:
Please note that the purpose of these summaries are to assist the reader in evaluating whether (s)he may be eligible for any particular visa in the United States. Please bear in mind that the immigration laws are under constant change and that some of the information contained herein may or may not apply to the specific facts of your particular case. We, therefore, recommend that you contact Hammond & Associates after reviewing the visas listed below so that we can evaluate your specific situation.
| WARNING: U.S. Immigration Law is a highly complex body subject to ongoing modification by the U.S. government. Accordingly, the information described below attempts only to summarize the basic information associated with each type of nonimmigrant visa listed. Which visa will apply depends on the specific facts of each foreign national's situation. |
The M visa is used by foreign nationals who wish to enter the United States to attend study in nonacademic or vocational programs. It is similar to a F-1 student visa. In fact, the requirements for entering the U.S. on a M nonimmigrant visa are similar to those for a F-1 student visa. The M visa holder must show that (s)he has been admitted into an authorized school, and that the school's "designated school official" has issued an INS Form I-20 to the foreign national.
a) What types of schools can be attended by a foreign national on a M visa?
A M visa holder can attend: (i) a community or junior college that provides vocational or technical training and which awards recognized associate degrees; (ii) a vocational high school; or (iii) a school that provides vocational or nonacademic training other than language training.
b) What must a foreign national do to maintain his/her M visa status?
A M visa holder must be enrolled in a full course of studies. For students enrolled in community or junior colleges, this means 12 credit hours (or whatever is designated as full time by the school). For post-secondary vocational students, this generally means at least 18 hours of classroom instruction per week or at least 22 hours of shop or laboratory-based curriculum per week. For vocational and other nonacademic high school students, this means not less than the minimum number of hours necessary for normal progress towards graduation.
c) What is the length of stay for a M visa holder?
A M visa holder can remain in the United States for the time necessary to complete the course of study or one year, whichever is less.
d) Can a foreign national on a M visa work while in the U.S.?
A M visa holder cannot work while attending school. Like the F-1 student visa holder, however, the M visa holder can obtain paid "practical training" after graduation in a position related to his/her course of study. However, a M visa holder is only allowed one month of practical training for every four months of study for a maximum of six months' practical training.
e) Can a foreign national's family enter the U.S. with a M visa holder?
The spouse and unmarried children (under 21) of the M visa holder are eligible for entry on a M-2 visa, but are not authorized to work.
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2) O-1 Visa Category
The O-1 visa is for use
by "aliens of extraordinary ability" in the sciences,
education, business, arts and athletes. To qualify for an O-1
visa, the foreign national must be considered to be at the top
of his/her field, must be highly talented and demonstrate sustained
national or international recognition and acclaim. The standard
defining "extraordinary" varies dependent upon the area
in which the beneficiary will perform services. For example, there
is a lower standard for artisans and entertainers.
a) What are some examples of evidence which qualifies a person for O-1 status?
Some examples are receipt of a Nobel Prize, association memberships which require outstanding achievements of their members, publications, media/press coverage of the foreign national's work, contributions of major significance in filed, office or employment of critical capacity to organization, high salary (for entertainers, an Academy Award, Emmy, Grammy, Oscar, Director's Guild, etc).
b) What is the length of stay for an O-1 visa holder?
An O-1 visa holder can remain in the United States for the period of time the "event" (s)he is entering the United States to attend is ongoing.
c) Are support personnel able to follow the O-1 nonimmigrant?
Support personnel of entertainers and athletes also may enter the U.S. on an O-2 visa. However, the O-2 recipient must meet a very exacting standard. Support personnel must be able to prove that they are an "integral part" of the performance and that the possess "critical skills and experience" specific and of a personal nature with the principal O-1 foreign national.
The P visa category is reserved
for those entertainers and athletes who do not meet the strict
requirements of exceptional ability as defined by the O visa.
The P visa recipient must prove a level of international recognition;
or, if a performer, prove tat (s)he is an integral part of a group
that has received international recognition. An entertainer or
athlete may also enter on an H2B visa However, an H2B visa requires
a labor certification,
which is a very time-consuming process. There are three different
types of P visas, specifically:
a) What are the P-1 visa requirements for athletes and athletic teams?
Athletes and entire teams are eligible for a P visa if they have a contract with a major U.S. sports league or team. Must have been involved in two of the following: prior season with a major U.S. sports league, participation in international competition, prior season with U.S. collegiate team, statement from U.S. sports league or official detailing international recognition of athlete, statement from a member of sports media or expert detailing international recognition, significant honors or awards. Athletes having a contract with a MLB or NLH team need only to submit their contract.
b) What are the P-1 visa requirements for entertainers?
Entertainment groups must prove international recognition for a substantial period of time and 75% of the members of the group must have a sustained and substantial relationship with the group for over one year and be an integral part of the group.
c) Are P-1 single entertainers eligible?
A single performer is eligible only when joining a foreign based entertainment group, otherwise they must qualify for an O visa.
d) Are support personnel allowed to follow?
Yes, support personnel are eligible for a P-1 if they can prove they are an "integral and essential part of the groups performance".
e) What is the P-2 category?
An artist or entertainer can be admitted to the U.S. on a P-2 visa if they are involved in a reciprocal exchange program between a foreign-based and U.S.-based organization. The artists and entertainers (groups or individuals) must be similar in caliber and receive the same terms and conditions.
f) What is the P-3 category?
The P-3 visa covers artists and entertainers who will perform "under a program that is culturally unique". The artist or entertainer must be coming to the U.S. to participate in a program which furthers the understanding of a culture, nationality, tribe, ethnicity, religion or country through developing, interpreting, teaching, coaching, or representing a unique or traditional ethnic, folk, cultural, theatrical, musical or artistic performance or representation.
The Q visa is for use by foreign nationals who enter the United States as part of a cultural exchange program designated by the Immigration and Naturalization Service ("INS"). A "Q-designated" exchange program is similar to a J-1 exchange program. The aim of a qualified cultural exchange program is to provide training, employment, and the sharing of the beneficiary's culture and nationality. The program must be accessible to the public and take place in a school, business, museum, or other institution/establishment where the public could be exposed to the foreign culture.
a) What are the requirements for the employer with regard to the Q cultural exchange program?
The sponsoring employer "must maintain an established international exchange program" and have a representative who will administer the program and be responsible for all communications with the INS, must actively be doing business within the U.S., must offer the Q nonimmigrant wages comparable to a U.S. worker, and have the financial ability to pay participants.
b) What are the necessary components for a cultural exchange program?
The program must be accessible to the U.S. public and take place in a school, business, museum, or some other such place. The program must have a cultural component "that is an essential and integral part of the cultural visitor's employment or training". This includes courses, lecture, exhibits, literature, history, or language.
c) Can a foreign national in the U.S. on a Q visa work while in the U.S.?
Yes, a Q visa holder can work while in the U.S. The employer must pay the Q visa holder wages and working conditions that are comparable to those provided to local U.S. workers. The employment must be based on the cultural exchange program's purposes. If training is the sole reason for the employment, the foreign national should enter the U.S. on a TN, H1B, H2B or H-3 nonimmigrant visa.
d) What is the length of stay?
The Q visa is valid for the length of the program or 15 months, whichever is less. The foreign national may enter on another Q visa after one year of foreign residence.
e) Can a foreign national's family enter the U.S. with a Q visa holder?
No. There is no derivative status for the spouse and children of a Q nonimmigrant. However, the family may enter on a B-2 visa for the duration of the Q nonimmigrants stay.
Religious workers may enter the United States on a R visa. Many R nonimmigrant visa holders can apply for a permanent residency "green card" through the Immigration and Naturalization Service's EB-4 immigrant visa process. The foreign national must fall into one of the following categories: minister of religion, a professional in a religious vocation or organization, or a religious worker performing a religious occupation or serving in a religious vocation. The applicant must also have been a "member of a religious denomination having a bona fide nonprofit, religious organization in the United States" for the two years immediately preceding application for admission.
a) What is the process for R visa applicants?
Unlike many nonimmigrant visas, the R visa applicant does not have to submit a petition to the INS. R-1 visas may be submitted directly to the consular officer abroad.
b) How long is a R visa valid?
A R visa is initially valid for up to three years. The R nonimmigrant may extend in two year increments not to exceed a total stay of five years.
c) Is a R visa holder's family eligible for nonimmigrant status?
The spouse and unmarried children (under 21) of the R nonimmigrant are eligible for entry on an R-2 visa, but are not authorized to work.
