TN visas are available to Canadian and Mexican nationals, who enter the U.S. to engage in business activities at a professional level in certain designated professions, and who possess the necessary qualification to be considered a professional in one of the fields on Schedule 2 of NAFTA. The foreign national must actually perform professional-level activities in the United States and may be admitted to the United States in TN status for an initial maximum stay period of three years. TN professionals can receive extensions of stay in one-year increments with no outside limit on the total period of stay. However, the purpose of the foreign national’s stay must clearly demonstrate that it’s temporary throughout the duration, and must not have the intent to settle in the United States. The family members (spouse and unmarried children under 21) of the principal applicant who are classified as TD category cannot engage in employment, unless they are independently qualified. However, family members are allowed to enroll in courses of study in the United States while in TD status.
For a Canadian citizen:
This classification does not require a petition for employment if the applicant is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at a U.S. port of entry with full immigration services. The applicant must provide the following:
- Proof of Canadian citizenship
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications
- Credentials evaluation (if applicable), together with any applicable fees.
Fiancé(e) Visa (K-1/K-2 Status)
The K-1 Fiancé (e) Visa allows foreign nationals who are potential/future spouses of United States Citizens to enter the United States for the sole purpose of marriage.
The marriage between the foreign national and U.S. citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that he/she meets the legal capacity to marry (i.e., proper age, all former marriages have been terminated by divorce or annulment), there is a legitimate (“good faith”) intention to marry, the couple must be willing to enter into a valid marriage within ninety (90) days after entry into the U.S, and they previously met in person within the two (2) years prior to filing a petition to receive K-1 visa status. The K-1 Visa is valid for a period of four (4) months and the admitted individual on a K-visa will not be eligible to adjust their status to any other nonimmigrant visa or apply for an extension of their temporary stay in the U.S.
The K-1 visa also makes provision for the U.S. Citizen to have his/her fiancé (e)’s dependents enter as a non-immigrant. K-2 dependent status, it is for those who are under the age of 21, and it can be applied for simultaneously with the primary visa application.
If the marriage does not take place within 90 days, your fiancé (e) and any accompanying dependents will be required to leave the United States. If the petitioner dies or voluntarily withdraws the petition, the K-1 petition is automatically terminated. Any dependents’ status (K-2) is subject to cancellation or revocation upon expiration of the primary visa holder’s status. It is strongly recommended that the beneficiary of the K-1 visa and the petitioner file an Adjustment of Status upon marriage.
After arriving in the United States, your fiancé (e) will be eligible to apply for an Employment Authorization Document (EAD), which can be valid for a maximum of two (2) years.
Student Visa (F-1/F-2 visas)
"F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs. Foreign students seeking to study in the U.S. may apply for the F-1 category provided they meet the following general criteria:
- The school must be approved by U.S. Citizenship and Immigration Services (USCIS)
- The student must be enrolled as a full-time student at the institution in an academic educational program, a vocation program, or a language training program.
- The student must be able to prove proficiency in English or be enrolled in courses leading to English proficiency
- The student must have sufficient financial support during their stay
- The student must maintain a residence abroad which he/she has no intention of abandoning, you must demonstrate that you have no intention of settling in the U.S. You can accomplish this by showing ties to your home country (i.e. family, bank accounts, assets like house, car)
When a person enters the United States on a student visa, he/she will usually be admitted for the duration of the student status. The student can remain in the U.S. up to 60 days beyond the length of time it takes to complete their academic program, unless he/she has applied and has been approved to stay and work for a period of time under the OPT Program.
Extraordinary Ability (O1 – Visa)
The O1 visa is for foreign nationals with extraordinary ability in one of the following categories, the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and who have been recognized nationally or internationally for those achievements. The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be entering United States temporarily to work in the area of extraordinary ability.
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).
O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
DISCLAIMER: The aforementioned is for general information purposes only and should not be viewed as legal advice. For any specific questions, please contact us by phone or email.