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All Visas General Description

Family-Based Visa

Foreign nationals may apply for permanent residency through an immediate member of the family who must be either a U.S. citizen or lawful permanent resident. Permanent immigration in the U.S. comes with many rights and privileges. A citizen can petition for mothers, fathers, brothers, sisters, and married children, while a permanent resident may only sponsor a spouse and unmarried children.

Unlimited family-based immigration visas are classified into 2 main categories. These are assigned preference levels, based on their relationship to the sponsors.

Immediate Relatives of U.S. Citizens (IR): A spouse, widow or unmarried child under the age or 21 of a U.S. citizen. This category also includes parents of adult U.S. citizens (does NOT need a visa number).
Returning Residents (SB): Immigrants who previously lived in the U.S. under lawful permanent resident status. These individuals should be returning to live in the U.S. after being abroad for more than one year.

Limited Family-Based Immigration Visas have 4 categories of preference. (A Visa number is required)

Family-Based First Preference (FB1): Unmarried children (21 or older) of U.S. citizens.
Family-Based Second Preference (FB2): Spouses of lawful permanent residents, minor children (under 21), and unmarried children (21 or older) of lawful permanent residents.
Family-Based Third Preference (FB3): Married children of U.S. citizens, regardless of age, and their spouses and children.
Family-Based Fourth Preference (FB4): Children (siblings) of adult U.S. citizens (21 or older), and their spouses and children.

For an application through either the IR (Immediate Relative) category or one of the preference categories, your relative/sponsor should first file an immigrant visa petition (I-130 Petition for Alien Relative) on your behalf with the USCIS. This form should be accompanied by proof of your relationship to your relative.

Form I-130 is typically submitted along with the following documents:

Documentation to show that your sponsor is a U.S. citizen, (birth certificate, naturalization certificate, an expired U.S. passport)
If the sponsor is a legal permanent resident, a copy of the Green Card
Evidence to prove a family relationship between the petitioner (sponsor) and you (beneficiary). This includes marriage certificate, deed of a co-owned house, verification letter of joint bank accounts, birth certificate of a child, birth certificate of a sibling with at least one common parent, adoption decree, etc.
Filing fees (determined by USCIS)
Affidavit of Support (I-864 series of forms) The petitioner can financially support you at 125% above the mandated poverty line.

Upon approval of the I-130 Petition for Alien Relative, the Department of State (DOS) determines if an immigrant visa number is available for you. Immigrant visas are always available for persons in the IR (Immediate Relative) category. If you are in the U.S. and an immigrant visa is available, you may be able to file an Application to Register Permanent Resident or Adjustment of Status (Form I- 485). If an immigrant visa is not available, you must maintain your current non- immigrant status until one is.

After I-130 is approved, and if your sponsor selected Adjustment of Status and a visa number is available to you (or not required), you may proceed to file Form I- 485.

If Consular Processing was chosen on Form I-130, the approval notice will be forwarded to the National Visa Center (NVC) to begin the immigrant visa application process.

F-2 Family Members of F-1 Visa Holders

This visa is for the spouse and children of F-1 visa holders who wish to visit or accompany the foreign national studying in the U.S.

H-4 Family Members of H Visa Holders

This visa is for the spouse and children of H-1, H-2 or H-3 visa holders who wish to visit or accompany the principal visa holder in the U.S.

J-2 Family Members of J-1 Visa Holders

This visa is for the spouse and children of J-1 visa holders who wish to visit or accompany the exchange visitor in the U.S.

K Fiance´(e) Non-Immigrant Visas
K-1

A fiance´(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a "fiance´(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

The consular section at the embassy or consulate where you, the fiance´(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. The following is required:

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
Birth certificate.
Divorce or death certificate of any previous spouse for both the applicant and the petitioner.
Police certificate from all places lived since age 16.
Medical examination (vaccinations are optional, see below).
Evidence of financial support (Form I-134, Affidavit of Support, may be requested).
Two Nonimmigrant Visa Applications.
One Nonimmigrant Fiance´(e) Visa Application, nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
Evidence of a fiance´(e) relationship.
Payment of fees, as explained below.

The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.

K-2 Children of K-1 Visa Holder

Suitable or unmarried children under age 21, of K-1 fiance´(e) visa applicants.

K-3 Spouses of Citizens

Spouses of U.S. citizens and the spouse's children can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place. Here are the procedures to apply. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. The following is required:

Two copies of Nonimmigrant Visa Application.
One Nonimmigrant Fiance´(e) Visa Application form.
Police certificates from all places lived in since the age of 16.
Birth certificate.
Marriage certificate for spouse.
Death and divorce certificates for any previous spouses/marriages.
Medical examination (except vaccinations).
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing full face, against a light background).
Proof of financial support (Form I-134, Affidavit of Support, may be requested).
Payment of fees, as explained below.
K-4 Children of K-3 Visa Holders

This visa is suitable for unmarried children under age 21, of K-3 visa applicants.

L-2 Family Members of L-1 Visa Holder

Suitable for the spouse and children of L-1 visa holders who wish to visit the principal visa holder in the U.S. or the spouse and children of L-1 visa holders who wish to accompany the principal visa holder.

M-2 Family Members of M-1 Visa Holders

M-2 visa is issued to the spouse and/or child of an M-1 visa applicant and/or holder for a student visa. The spouse and/or a child of an M-1 applicant is can obtain an M-2 visa if they can document that sufficient funds are available to cover their expenses in the United States and that they intend to leave the United States when the M-1 student leaves when the student visa expires.

N-8 Family Members of N-8 Visa Holder

This visa is for the parent of a Special Immigrant holding an SK-3 visa.

N-9 Children of N8 Visa Holder

This visa is for the children of a Special Immigrant holding an N-8, SN-1, SN-2 or SN-4 visa.

O-3 Family Members of O-1 and O-2 Visa Holders

This visa is for the spouse and children of O-1 and O-2 visa holders who wish to visit or accompany the principal visa holder in the U.S.

P-4 Family Members of P Visa Holders

This visa is for the spouse and children of P-1, P-2 or P-3 visa holders who wish to visit or accompany the principal visa holder in the U.S. A P-4 visa holder can stay in the U.S. as long as the P-1, P-2 or P-3 visa holder remains in legal status. A P-4 visa holder may change his or her status in the U.S. They must obtain a work permit to work but they may study.

Q-3 Family Members of Q-1 Visa Holders

This visa is for the spouse and children of Q-1 and Q-2 visa holders who wish to visit or accompany the principal visa holder in the U.S.

R-2 Family Members of R-1 Visa Holders

This visa is for the spouse and children of R-1 visa holders who wish to visit or accompany the principal visa holder in the U.S

S-7 Family Members of S Visa Holders

This visa is for immediate family members of S visa holders. These S Visas are foreign nationals in possession of critical and reliable information concerning a criminal or terrorist organization or enterprise, willing to supply information to Federal or State law enforcement authorities The presence of these foreign nationals is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in a criminal organization or enterprise.

T-2 Spouse of T-1 Visa Holder

This Visa is for the spouse of victims of human trafficking, sex trade or forced labor.

T-3 Children of a T-1 Visa Holder

This visa is for the children of victims of human trafficking, sex trade or forced labor.

T-4 Parents of a T-1 Visa Holder

This visa is for the parents of victims of human trafficking, sex trade or forced labor.

TD Family Members of TN Visa

The TD visa is for a TN Visa holder's spouse and minor children. A TD visa holder may remain in the U.S. as long as the TN visa holder remains in legal status. A TD visa holder may change their status in the U.S. The spouse or unmarried minor child of a citizen of Canada or Mexico admitted in TN nonimmigrant status is required to present a valid, unexpired nonimmigrant TD visa unless otherwise exempt and cannot accept employment in the United States unless otherwise authorized under the Act.

U-2 Spouse of U-1 Visa

This visa is for the spouse of victims of crime such as rape, domestic abuse or torture.

U-3 Children of U-1 Visa

This visa is for the children of victims of crime such as rape, domestic abuse or torture.

U-4 Parents of U-1 Visa

This visa is for the parents of victims of crime such as rape, domestic abuse or torture.

V-1 Spouse of Green Card Holders

This visa is for the spouse of a Green Card holder whose petition was filed on or before December 21, 2000, and has been waiting at least three years since the petition was filed, but an immigrant visa is not yet available and there is a pending adjustment of status application.

V-2 Children of Green Card Holders

This visa is for the children of a Green Card holder whose petition was filed on or before December 21, 2000, and has been waiting at least three years since the petition was filed, but an immigrant visa is not yet available but there is a pending adjustment of status application.

V-3 Children of V-1 and V-2 Holders

This visa is for the children of V-1 or V-2 Visa holders.

Employment Based Visa

1. E-1 & E-2 Treaty Traders & Investors

E-1 Treaty trader An alien is classifiable as a nonimmigrant treaty trader (E-1) if the consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(E)(i) and that the alien:

Will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien's behalf or as an employee of a foreign person or organization engaged in trade, principally between the United States and the foreign state of which the alien is a national, (consideration being given to any conditions in the country of which the alien is a national which may affect the alien's ability to carry on such substantial trade); and Intends to depart from the United States upon the termination of E-1 status.

Employee of treaty trader. An alien employee of a treaty trader may be classified E-1 if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the services to be rendered essential to the efficient operation of the enterprise. The employer must be:

A person having the nationality of the treaty country, who is maintaining the status of treaty trader if in the United States or, if not in the United States, would be classifiable as a treaty trader; or
An organization at least 50% owned by persons having the nationality of the treaty country who are maintaining nonimmigrant treaty trader status if residing in the United States or, if not residing in the United States, who would be classifiable as treaty traders.
Spouse and children of treaty trader. The spouse and children of a treaty trader accompanying or following to join the principal alien are entitled to the same classification as the principal alien. The nationality of a spouse or child of a treaty trader is not material to the classification of the spouse or child under the provisions of INA 101(a)(15)(E) .

Treaty country: for purposes of this section a foreign state with which a qualifying Treaty of Friendship, Commerce, and Navigation or its equivalent exists with the United States. A treaty country includes a foreign state that is accorded treaty visa privileges under INA 101(a)(15)(E) by specific legislation (other than the INA).

E-2 Treaty investor An alien is classifiable as a nonimmigrant treaty investor if the consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(E)(ii) and that the alien:

Has invested or is actively in the process of investing a substantial amount of capital in bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living; and
Is seeking entry solely to develop and direct the enterprise; and
Intends to depart from the United States upon the termination of E'2 status.

Employee of treaty investor. An alien employee of a treaty investor may be classified E-2 if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the services to be rendered essential to the efficient operation of the enterprise. The employer must be:

A person having the nationality of the treaty country, who is maintaining the status of treaty investor if in the United States or, if not in the United States, who would be classifiable as a treaty investor; or
An organization at least 50% owned by persons having the nationality of the treaty country who are maintaining nonimmigrant treaty investor status if residing in the United States or, if not residing in the United States, who would be classifiable as treaty investors.
Spouse and children of treaty investor. The spouse and children of a treaty investor accompanying or following to join the principal alien are entitled to the same classification as the principal alien. The nationality of a spouse or child of a treaty investor is not material to the classification of the spouse or child under the provisions of INA 101(a)(15)(E) .

Treaty country. A treaty country is for purposes of this section a foreign state with which a qualifying Treaty of Friendship, Commerce, and Navigation or its equivalent exists with the United States. A treaty country includes a foreign state that is accorded treaty visa privileges under INA 101(a)(15)(E) by specific legislation (other than the INA).

2. E-3 Australians

An E-3 alien must be a national of the Commonwealth of Australia coming to the U.S. to perform services in a specialty occupation.

Specialty Occupation. A specialty occupation for an E-3 alien is defined in the Act in the same manner as in the H-1B context. In particular, pursuant to section 214(i)(1) of the Immigration and Nationality Act, “specialty occupation” means an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation. As such, in order to be eligible for an E-3 classification, an alien must be able to show he or she will be employed in a specialty occupation in the U.S. and he or she possesses the required U.S. bachelor’s or higher degree (or its equivalent) in the specific specialty to meet the minimum requirement for entry into the occupation in the U.S.

Length of Stay. E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for a maximum of two years), and extensions of stay may be granted indefinitely in increments not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for increments of up to two years each). As there is no limit on the total length of stay for an E-3 alien in the legislation, there is no specified number of extensions a qualifying E-3 Specialty Occupation Worker may be granted. Under the current E regulation, 8 CFR 214.2(e)(5) , an alien classified under section 101(a)(15)(E) as an E-3 nonimmigrant shall maintain an intention to depart the United States upon the expiration of termination of E status. An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.

There is an annual cap of 10,500 initial E-3 applications for each fiscal year that applies to principal E-3 aliens. This cap applies to all initial E-3 applications made abroad and to all change of status to E-3 applications made through USCIS. The cap does not apply to extensions of E-3 provided that the E-3 alien continues to be employed by the same employer named in the application for change of status to E-3 classification or, in the case where an alien first obtained E-3 classification by applying for an E-3 visa abroad, in the alien's original E-3 visa application. In cases where an E-3 alien seeks to change employers either by applying for an extension of nonimmigrant stay within the United States or by applying for a new E-3 visa at a U.S. consulate abroad, the E-3 alien will be counted against the cap again. The dependent spouse and children of an E-3 principal alien will not be counted against the annual cap.

3. H-1B Special Occupations

The H-1B categories apply to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability.

Labor Condition ApplicationThe first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor (DOL). Then the employer is required to file the LCA approval notice with the I-129 petition. For specific procedures on filing, please visit the Department of Labor's Employment and Training Administration.

Some terms and conditions of the H-1B classification:

Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).
A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant who was previously issued an H1-B visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a “non-frivolous” H1-B petition for the nonimmigrant. For more information, please go to our Changes to the HB Program page.
Multiple employers require multiple H-1B petitions.
The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.
H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-

4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Including more than one worker in a petition. Each petition may only include one worker.

H-1B1 Specialty Occupations

The H-1B1 category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.

4. H-2A Agricultural

The H-2A classification applies to an alien coming temporarily to engage in temporary or seasonal agricultural employment.

Before filing this petition an employer must first apply for a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that the wages and working conditions meet regional standards. The petition (Form I-129) must be filed by a U.S. employer or an association of U.S. agricultural producers named as a joint employer on the certification. It should be filed with:

5. H-2B Seasonal Workers

The H-2B classification applies to an alien coming temporarily to engage in non-agricultural employment, which is seasonal, intermittent, a peak load need, or a one-time occurrence.

The U.S. employer must first apply for a temporary labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards.

6. H-3 Trainees

The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.

The petitioning employer or sponsors must demonstrate that the:

Proposed training is not available in the beneficiary's home country
Beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed
Beneficiary will not be productively employed except as incidental to training
Training will benefit beneficiary in pursuing a career outside the U.S.

H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees' services.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.

Including more than one alien in a petition

Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if

The dates of training are the same, and
They will perform the same duties.

H-3 Training

The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.

Petition Document Requirements:

The petition should be filed by the U.S. employer with:

A detailed description of the training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
A summary of the prior training and experience of each alien in the petition; and
An explanation of why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training without significant productive labor from the trainee(s).

H-3 Special education training program

The H-3 classification also applies to an alien coming temporarily to participate in a special education training program in the education of children with physical, mental, or emotional disabilities.

7. L-1 Intra-company transfers

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either

In a managerial or executive capacity (L-1A) or
Which entail specialized knowledge (L-1B)

For a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.

8. O Persons of Extraordinary Ability

The O category is reserved for:

Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1),the artist's or athlete's support staff (O-2), and
The O-1's spouse and/or child(ren) (O-3).

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.

O-1 Extraordinary Ability (Science, Education, Business, or Athletics)The O-1 category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

O-1 Extraordinary Ability (Arts, Motion Picture, or Television)The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

O-2 Support Personnel

The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

O-3 Dependents

Spouses and minor children (dependents) of O-1's are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.

P-1, P-2, P-3 Entertainment, Arts and Athletics

P-1 The Athlete
P-1 classification applies to an alien coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

P-1 Entertainment Group
The P-1 classification also applies to an alien coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (ordinarily for at least one year) and/or provide functions integral to the group's performance.

P-2 Artistic Exchange
The P-2 classification applies to an alien coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

P-3 Culturally Unique Artists
The P-3 classification applies to aliens coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

P-1, 2, or 3 (Accompanying Support Personnel) This category applies to accompanying support personnel who are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a P-1, P-2, or P-3. Essential support personnel must perform support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance or services of the athlete or entertainer.

10. R Religion

The R-1 classification applies to a religious worker. This is an alien coming to the U.S. temporarily to work:

As a minister of religion,
As a professional in a religious vocation or occupation, or
For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function.The applicant (religious worker) must have been a member of a religious denomination having a nonprofit religious organization in the United States for at least the two years immediately prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary's financial and physical needs.If the alien is outside the U.S., he or she may apply directly to a consulate for an R visa. If visa exempt, the alien may apply at a port of entry.

If the alien is inside the U.S., the religious organization may use the I-129 to petition for a change of status, extension of stay, or change of employment.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the R-2 classification. Note: Dependents should file for a change of status or extension of stay on Form I-539 (Application to Extend/change Nonimmigrant Status).

11. TN NAFTA Professionals (Mexico and Canada)

The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification, “TN”, for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.

TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. There is no annual limit on TN-1 admissions from Canada or Mexico.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the TD status.

TN Canadian or Mexican Citizen under NAFTA
The TN classification applies to a Canadian or Mexican citizen seeking admission as a professional temporarily under the North American Free Trade Agreement.

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