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Blandon Law Immigration

Friday, May 7, 2010

Nonimmigrants -- Visitors, Students and Trainees

      Nonimmigrants enter the United States for a temporary stay. They are restricted to the purpose of their entry. The Firm assists foreigners to obtain visas abroad even when waivers to inadmissibility are needed.
      The most common visa is for visitors, whether for pleasure or business purposes. In addition to tourists, this visa facilitates the entry of foreigners who are coming to the U.S. for commercial transactions but not for gainful employment. They may negotiate contracts, remain involved in litigation, consult with clients, and discuss business with associates. A person in the U.S. with a visitor visa may also study, if such activity is part of their work or recreational activities.
       Students can enter the United States on visas for academic (F visa) or vocational work (M visa). The institution where the foreigner will study determines the type of visa. Generally, a student with an M visa is studying either at a community/junior college, a vocational school or a business school (other than language instruction). If a student enters the U.S. to study at a private school and then transfers to a public school, the immigration law exacts a harsh penalty. The student will be barred from entering the U.S. for a period of five years. The Law Firm assists foreigners with initial admission, transfers, and reinstatement concerns.
      Like students, trainees can apply for different categories, each with its own requirements. Exchange visitors (J visa) are entering based on the sponsorship of a program that has been substantially reviewed by the Department of State. The maximum period of time that the foreigner can remain is 18 months, unless she is an intern (12 months) or is learning about agriculture or hotel/tourism (12 months). When a foreigner is coming to the U.S. to join a program within a company, she applies for an H-3 visa. The company must demonstrate that it is training, not employing, the foreigner. For example, successful H-3 programs usually involve training foreigners in the U.S. for future employment with an affiliate abroad.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: