Non-Immigrant: Temporary Visas

Unlike immigrant visas, nonimmigrant visas assume temporary residency. It is used for foreign naturals who live, work, or study in the United States (U.S.) with the intention of leaving upon the expiration of the nonimmigrant visa. Since it is not considered long-term, nonimmigrant visas have fewer procedural requirements than permanent resident or immigrant visas.

Berger Law attorneys often recommend nonimmigrant visas as the most efficient way to bring in skilled workers from other countries. Immigrant visas/green cards present long procedures and several barriers that can stall the employment of a qualified foreign national. That is why bringing in these employees under a nonimmigrant visa before starting the immigration visa process often saves companies time, money, and legal complications.

Dual intent means an immigrant can intend temporary residency and permanent immigration at the same time. It arose out of the 1990 amendments to the Immigration and Naturalization Act and implemented into United States Citizenship and Immigrations Services and Department of State procedure. The arrangement allows foreign nationals to accept jobs here and still have the flexibility to travel and maintain nonimmigrant status while awaiting acceptance of an immigration petition. Maintaining this dual intent is the safest way to ensure authorization to stay and work in the U.S.

Yes, but they are not dual intent. If an employee falls under other visa categories, an attorney consultation will help determine the proper type and procedure for authorizing a foreign national.

These other nonimmigrant visas include:

• B-1/B-2 Visa Category
• A – Diplomatic, Ambassadors
  • B1/B2 Visitors for Business/Pleasure
• C – Foreign National in Transit
  • C-1 – Transit Visa
  • C-2 – United Nations
• D – Crewpersons
• K-1 Visa for Fiancés of United States Citizens
  • K - Fiancé of U.S. Citizen
• F-1 International Student Visas
  • F - International Student
  • F-1 - Visa Student
• M-1 Visas for International Vocational Students
  • M - International Vocational Student
• Optional Practical Training
• J-1 Exchange Visitor Visas
• J – Exchange Visitors
• G – Foreign Government Agencies
• H-1B, H-1B1 (Singapore), E-3 Visas (Australian)
• H – Temporary Workers
  • H-2A - Agricultural Workers
  • H-2B – Temporary Services
  • H-3 – Training
• H1-B Visa Audits and Investigations of H-1B Petitioners and Employees
• N – Children of Special Immigrants
• Q – Cultural Exchange Visa
• E-1 Treaty Trader and E-2 Treaty Investor Visas
• E – Treaty Traders & Investors

There may also be special consideration for dual intent with E visas, which apply to treaty traders and investors. Please contact Berger Law for more information on dual intent and whether an employee's situation can apply.

• L-1 Visas: Intra-company Transferees
  • L - Intra-company transfers
• O Visas: Visas for Aliens of Extraordinary Ability
  • O - Aliens of extraordinary ability
  • O-2 - Accompanying Aliens (to Aliens of Extraordinary Ability)
• P Visa Category
  • P - Performing artists and athletes
• I-Visas for Foreign Media Representatives
• I – Foreign Media Representatives/Journalist
• R-1 Visas for Religious Workers
  • R - Religious Visa
• S – Special Snitch Status ("LEA")
• T – Work Options for Students
• TN-1 – Canadian Citizens
• TN-2 – Mexican Citizens

A skilled immigration attorney can review the circumstances of an immigrant worker and determine the quickest and most appropriate visa for temporary residency. Once established, attorneys at Berger Law can start the process for an immigrant visa and green card.

Hiring skilled legal assistance for immigration matters saves companies money and prevents procedural headaches from immigration difficulties. Contact Berger Law at (201) 587-1500 (New Jersey) or (212) 380-8117 (New York) to schedule an appointment or complete our contact form.