U.S. Visa information

This outline of visa classifications is intended to furnish interested parties with a general description on the most important types of visas issued by the U.S. government. It is not intended to be all-inclusive.

Visa information may be obtained from the U.S. Embassy toll number (0900-87 84 72).

The Swiss-American Chamber of Commerce can provide additional information on visas that are primarily used for business purposes, i.e. B-1, L and E visas. This information is free of charge for members of the Swiss-American Chamber of Commerce. 

Non-Immigrant Visa Categories
 

Over twenty-five different classes of non-immigrant visas are issued by Foreign Service Offices of the U.S. Department of State at U.S. Embassies and Consulates abroad. Non-immigrant visas are used to enter the United States temporarily for pleasure, business, training or to engage in productive employment.

Visas are stamped into a valid travel document, usually a passport. At the border, the U.S. Immigration and Naturalization Service (INS) inspects the alien with respect to the status for which the visa has been granted. If found admissible, the INS officer endorses the admission slip (Form I-94) which is attached to the alien's passport, recording the date of entry, the status for which the alien is admitted, and the duration of stay authorized.

With limited exceptions, an alien who enters in one non-immigrant classification may apply to change to another non-immigrant status while in the United States.

Visitors - Visa Waiver Program
 

Nationals from a list of twenty-eight designated countries, including Switzerland, are permitted to enter the United States as visitors for business or pleasure under the Visa Waiver Program, without first obtaining visas. While the purpose of the visit may be business or pleasure, the activities in which a visitor may engage while in the United States under the Visa Waiver Program are identical to the permissible B visa activities.

Individuals entering under this program are permitted to stay in the United States for a maximum period of 90 days. No extensions can be granted and VWP travelers cannot their status while in the United States.

The U.S. Patriot Act of 2001 requires nations of visa waiver countries to possess machine-readable passports by October 1, 2003. If they don't, they will need a B-Visa. In addition, the Patriot Act requires that nationals of  visa waiver countries have biometric identifiers approved by the International Civil Aviation Organization in order to enter without a visa on or after October 26, 2004; an exception applies to those who obtained machine readable-passports prior to the implementation date of October 26, 2004 and further provided such passport is still valid for at least six months when the traveler arrives at a U.S. port of entry.

 

The B-Visa - Visitors for Business or Pleasure
 

An alien seeking permission to visit the United States for business or pleasure may obtain a B-visa at the U.S. Embassy. B-1 visas are for business visitors; B-2 visas are primarily for tourists, but may also be issued to the dependent (spouse, child or parent) of someone who has obtained a B-1 visa.

Entry into the United States under a B-1 visa allows an alien to conduct business in the United States which benefits a foreign employer, but is not in the nature of employment. A B-2 visa allows an alien to be admitted for a personal visit to friends or relatives, on holiday or for tourism; a visitor may not engage in employment in the United States. The inspecting INS officer has discretion to determine how much time is sufficient to allow the applicant to engage in the desired activity; however, only in rare instances will longer periods than one year be permitted.

The E-1 Visa - Treaty Trader
 

The E-1 visa category was established to facilitate trade between the United States and foreign countries with which the United States enjoys reciprocal trade and investment agreements.

An alien who enters the United States in pursuance of the provisions of any such treaty to carry on substantial trade principally between the United States and the foreign country of which he or she is a national may obtain an E-1 visa, provided his or her foreign employer is controlled by more than 50 per cent in equity by a national residing in a treaty state ("Treaty National").

The E-1 visa may be granted for an initial one-year period of stay, which can be extended in increments of up to two years subsequently.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the E visa holder. Under a new law that took effect on January 16, 2002 spouses of E visa holders will be authorized to engage in employment in the United States for the period of admission and/or status of their spouses not to exceed two years.

E-2 Visa - Treaty Investor
 

An alien who enters the United States to develop and direct the operations of an enterprise in which the foreign Treaty National (see under "E-1, Treaty Trader") has invested, or is actively in the process of investing a substantial amount of capital in the pursuit of provisions of any reciprocal trade and investment agreement, qualifies for E-2 status. The initial period of admission is one year, with extensions available in appropriate circumstances.

F-1 Visa - Student
 

Students qualified to pursue a full course of study in an educational program who seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study may qualify for F-1 status. The duration of such status is defined to include the program of study (which in case of attendance at U.S. public high schools cannot exceed 12 months), plus any period of practical training authorized, plus an additional sixty days. Potential students are required to apply for a F-1 visa from their home country, rather than once they are in the United States, or to formally state their intention to seek such visa when they apply for admission as tourists. Furthermore, foreign students attending a publicly-funded adult education program are not entitled to an F-1 visa.

Students  are not allowed to accept off-campus employment at any time during the first year of study. After one year the INS may grant permission to accept off-campus employment. Spouses and children of F-1 students may not accept employment at any time.

H-1B Visa - Specialty Occupation Workers
 

An alien coming to the United States to perform services in a "specialty occupation" and who possesses the requisite education and/or professional background may qualify for H-1B status. He or she may be admitted to perform these services for the duration indicated to the INS; the maximum period allowed, including all extensions, is six years. The total limit for these visas is 195,000 in each fiscal year.

H-3 Visa - Trainee
 

An alien coming temporarily to the United States for training at the invitation of an individual, organization, firm or other trainer in any field of endeavor may qualify for H-3 trainee status. The purpose of the H-3 program is limited to training. The period of initial admission is generally the full period required for training, but not longer than 2 years. Extensions are available in limited circumstances.

J Visa - Exchange Alien
 

The J visa program is designed to facilitate educational and cultural exchange activities in order to develop and promote mutual understanding between the United States and other countries of the world. A foreign national seeking a J visa must maintain a foreign residence abroad that he has no intention of abandoning, and must be admitted to an agency or organization designated as an exchange visitor program sponsor. Generally, J-1 visas can be obtained for a duration of up to two years.

Participants in "J" exchange programs which provide for on-the-job training, reaching, research or other activities which involve paid employment may except such employment while participants in programs which do not involve work may not accept outside employment.

The spouse and minor children of participants in "J" exchange programs may apply for derivative "J-2" visas to accompany the J visa holder to the United States. Dependents may apply to the INS for authorization to accept employment in the United States.

L-1 Visa - Intra-company Transferee
 

The L visa category covers employees who will be temporarily transferred from a company abroad to a related company in the United States to serve in executive, managerial or specialized knowledge capacities. To qualify as an L-1 intra-company transferee, he or she must be an alien who, during the three-year period immediately preceding the time of his or her application for admission into the United States, has been employed for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States temporarily in order to continue to render his or her services to the same employer in one of the capacities mentioned. In 2002, the one-year requirement was lowered to six months for employees of so-called "blanket L petition holders".

Admission is generally granted for an initial period of three years. Extensions of stay may be authorized in increments of up to two years. There are limits on the total period of stay.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative L visas in order to accompany the L visa holder. Under a new law that took effect on January 16, 2002 spouses of L visa holders will be authorized to engage in employment in the United States for the period of admission and/or status of their spouses not to exceed two years.

Permanent Resident (Immigrant) Alien Status Categories
 

The status of a lawful permanent resident of the United States may be obtained by applicants who meet several quantitative and qualitative requirements of U.S. law. An applicant must either obtain family preference classification, based on the petition of specified close relatives who are permanent residents or citizens of the United States, or employment preference classification, based upon the petition of a sponsoring employer or prospective employer for occupational preference. Admittance to the permanent resident alien status may also be based on a major investment in the United States, or through selection through the diversity (lottery) visa program. With the exception of the family preference classification, national and worldwide quota limitations are imposed, often resulting in extended waiting periods.

Family-sponsored Preferences
 

Immediate relatives of U.S. citizens (including the spouse, widow(er), minor children and parents of adult U.S. citizens) are an unrestricted category, not subject to numerical limitation and may therefore obtain an immigrant visa. In addition, "preference relatives" may receive all of the visas not used by "immediate relatives", but no less than 226,000 visas per year,  if they are eligible for preference in one of the preference classes in descending order: unmarried sons and daughters of U.S. citizens; spouses and unmarried children of permanent resident aliens, and unmarried adult sons and daughters of permanent resident aliens; married sons and daughters of permanent resident aliens; and brothers and sisters of U.S. citizens.

Employment-based Preferences
 

Immigrant visas (the so-called "green card") can be obtained by foreign nationals located outside of the United States as well as those who are lawfully present in the United States and have never violated the terms of their non-immigrant status. To obtain an employment-based visa, a foreign national in most cases must find an employer in the United States to offer him or her a full time permanent job and to "sponsor" him or her for permanent residence. The Immigration Act of 1990 defines five categories or preferences for immigration based on employment or employment-creation, one of which of these five categories must be fulfilled. Such preferences are based on extraordinary abilities in a specific field of profession or activity, or on the designation by the INS that he or she is of "national interest". Per year a total minimum of 140,000 immigrant visas is available for this category.

Diversity Immigrants
 

Since 1990 there has been a "diversity lottery" program where citizens of a number of designated countries may file a letter-type application with a designated office of the State Department for possible random or chronological selection for immigrant visas without any reference to the applicant's relationship to the United States (so called "Diversity Immigrant Visa"). Under present regulation, a lottery applicant must have at least a high school education or two years' experience in a position which requires equivalent skills. Each year the countries the citizens of which are eligible to participate in the " diversity lottery" program and the quota of citizens of such countries to which such visas may be granted is designated. Presently the "diversity lottery" makes available a maximum of 50,000 immigrant visa numbers annually.

Switzerland is included in this program. The dates for the next lottery have not yet been determined. For more information send a stamped return-addressed envelope to: U.S. Embassy, Green Card Lottery, P.O. Box, 3001 Berne or consult the Visa Bulletin of the United States Department, Bureau of Consular Affaires, at www.state.gov.

Acknowledgement

This outline has been authored by Dr. René Bösch, Attorney at Law, Zurich

 March 2003