Visa Waiver Program

Nationals of certain countries may take advantage of the US Visa Waiver Program which allows visitors to travel to the US for up to 90 days for business or pleasure without a visa. Details of the twenty-eight countries included in the program may be found on US consular websites.

This website is devoted to a brief overview of the topic of immigration law, an extremely detailed and complex area of law and regulations which by its nature allows only the most cursory treatment. Specialized legal advice is always advisable in this area to ensure this lengthy and detail-oriented process is not further delayed or complicated. Common and simple pitfalls include filing at the wrong USCIS (formerly INS) office, filing incorrect forms and filing fees, providing incomplete or incorrect information and omitting required evidence or documentation.

These errors result in, at best, rejections, delays, lost or ignored filings and at worst, denial of the petition or application.

The following is a list of the most common visa types:

People who wish to travel to the United States for reasons of employment are divided into two main categories, immigrant and non-immigrant. There are many different routes to an employment based ‘green card’, none simple or speedy. Expert representation is absolutely essential.

Those applying for immigrant visas, commonly referred to as ‘green cards’, wish to remain in the United States permanently. The correct term for a ‘green card’ is lawful permanent residency. There are many different routes to an employment based ‘green card’, none simple or speedy. Expert representation is absolutely essential.

The Immigration and Nationality Act provides temporary visa status for a national of a country with which the United States maintains a Treaty of Commerce and Navigation, (including Ireland and UK), who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested or is actively in the process of investing a substantial amount of capital. For the U.S. company to qualify, it must be at least 50% owned by a company which is owned by treaty country nationals, or it must be 50% directly owned by treaty nationals who are not lawful permanent residents of the U.S. For a list of the countries included, see

The E-1 Treaty Trader visa is for treaty traders and employees of treaty traders who will direct and develop import / export trade between the US and the treaty country. It is available for an indefinite period (5 year increments). Trade must be substantial and should involve numerous transactions over time.

The H1 visa is for aliens who are sponsored by a US employer coming to the United States to perform ‘specialty occupations’. ‘Specialty occupations’ are defined as those that require theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation. This generally requires a minimum of four years of collegiate education culminating in a bachelor’s degree. In the absence of a BA, relevant work experience may be evaluated for equivalency.

The number of H-1-B visas is limited by law to 65,000 per year. The USCIS year runs from October to October and in 2006, the cap was reached in May, meaning there are no new H-1B visas available until October 1st, 2007. The cap does not apply to H-1B portability cases (change of employer) or to H-1B extensions. It is however, possible (and advisable) to petition for H-1B visas as soon as permissible - April 1st, 2007, and obtain an approval to start employment on October 1st, 2007.
H1-B visas may also be granted to aliens coming to the United States to work in cooperative efforts with the United States Department of Defense or for artists, entertainers, or fashion models possessing international acclaim.

The L-1 intra-company transferee visa allows executives and managers (L-1A), and employees with specialized skills (L-1B) to transfer from the foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services.

The applicant must have been employed as an executive, manager, or as a specialized skill worker for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition, by the same company, or its U.S. parent, subsidiary or affiliate.

The L-1 classification is for executives or managers - L-1A - or employees performing services which require specialized knowledge – L-1B. Immigration Service defines ‘specialized knowledge’ as special knowledge of the employer’s product or its application in international markets or an advanced level of knowledge of the employer’s processes and procedures.