H1N1 Is Not a Visa:
A Survey of the Other Visa
Categories ‘A’ thru ‘V’
Eugene Goldstein, Esq
Law Offices of Eugene Goldstein & Associates
(212) 374-1544 eglaw@aol.com
http://www.eglaw-group.com
Thursday, November 5, 2009
1
A Visas

Diplomats, officials and employees of foreign
government (1) recognized by the U.S. and
(2) coming on official business.

A visa holders may adjust status.
 If
failed to maintain status and can demonstrate
compelling reasons why cannot return to home
country.
 Must also demonstrate it is in the U.S. national
interest and not contrary to national welfare, safety
and security to grant LPR status.
2
A-1 Visas






Ambassadors, public ministers or
career diplomats/officers and their immediate
families.
Credentials must be approved by U.S. as
accepted by the President or the Secretary of
State.
Possession of the visa, standing alone, does not
prove diplomatic status.
Must be on OFFICIAL BUSINESS.
Duration of Status (D/S)
Dependents – may be employed only if apply for
and receive an EAD from USCIS, subject to any
restrictions stated on the EAD.
3
A-2 and A-3 Visas




A-2 Other accredited
officials and employees of
foreign governments and
their immediate families.
Duration of Status
Only on basis of
reciprocity – Check DOS
Dependants may be
employed only if they
apply for and receive an
EAD from USCIS, subject
to any restrictions stated
on the EAD.






A-3  Attendants, servants,
personal employees of A-1 or
A-2 and members of their
immediate families.
Duration of Status
Only on basis of reciprocity.
Must prove admissibility.
Admission of 3 years plus 2year periods.
Family of A-3  no
employment
4
Temporary Visitors (B Visa)


Must have a “residence” in a foreign country
(need not have his own home), but must be
“actual dwelling place in fact.”
Must have no intention of abandoning foreign
residence.
 By
showing employment, family, social ties, etc. to
residence abroad.
 Permission to enter foreign country at end of stay.
 Adequate financial arrangements to carry out purpose
of visit.

Initial admission – 1 year maximum with 6
months extensions.
 For
B-2s, generally automatically admitted for 6
months.
5
Temporary Visitors (B Visa)

A person entering the U.S. as a B-1/B-2
can no longer begin to attend school as an
F-1/M-1 without first obtaining a change of
status in the U.S., or an F-1/M-1 visa
abroad.

If a student with a B-1/B-2 begins school
without an F-1/M-1 or a change of status
s/he will be denied a change of status to
an F-1/M-1
6
B-1 Visitors for Business



Engaging in commercial transactions not
involving gainful employment.
May also study, if it is part of work or recreational activities.
Participating in scientific, educational, professional, religious
or business conventions.


May receive an honorarium and incidental expenses for “usual
academic activity” from an academic institution as long as it does not
last more than 9 days at a single academic institution, and as long as
the foreign national has not accepted more than five such honoraria in
a six-month period.
Religious workers coming temporarily to do missionary work if
such work does not involve the selling of articles or solicitation
and acceptance of donations, and receives no
7
salary/renumeration except expenses.
B-1 Visitor for Business


Business = legitimate commercial or
professional activity; not local employment or
labor for hire.
Must show:
 Clear
intent to continue foreign residence.
 Principal place of business and actual accrual of
profits predominantly in foreign county.
 Various U.S. entries of plainly temporary nature, etc.

Employment Authorization:
 NOT
permitted to be employed in the U.S.
 Only for domestic servants and employees of airlines
of non-treaty countries, and domestic partner.
8
B-2 Visitors for Pleasure

For tourists, social visits to friends/relatives,
health purposes, participants in conventions,
dependants of U.S. Armed Forces personnel,
etc.
Pleasure = “Legitimate activities of a
recreational character, including tourism,
amusement...”
 No employment permitted.

9
Visa Waiver Program (WB & WT)




Waiver for persons from certain countries applying as B1/B-2 for a period not in excess of 90 days with
nonrefundable ticket.
US-VISIT Program – machine-readable passports (MRP)
and MRPs that incorporate biometric identifiers.
ESTA Clearance prior to travel.
NOT eligible for change of status, extension of status, or
adjustment of status unless it is on the basis of an
immediate relative petition. Also exception for up to 30
days for illness.

However, a VWP placed in a removal (asylum only) proceeding
may be ineligible to AOS even if an immediate relative.
10
C Visas – Transits

C-1 = for alien in “immediate and
continuous transit through U.S.”
 Crewmen

joining ship or plane.
C-2 = U.N. transits
 Non
de jure and nonmember reps, e.g.
Chairman Abbas or U.N. experts.
C-3 = Foreign representative passing
through U.S.
 NOT permitted to receive payment from
any U.S. source.

11
D Visa – Crewmen (Sea or Air)




Crewmen = person serving in good faith in any
capacity required for normal operation and
service on board a vessel.
Determined by: (1) the nature of the employee’s
duties; (2) when those duties are performed;
and/or (3) whether any employee has a
permanent connection with the ship, and
whether their presence facilitates the operation
of the vessel.
No extension of stay, no change of status, no
adjustment except INA §245(i)
Permitted to be employed in the U.S. only by the
vessel or aircraft.
12
E Visa – Treaty Trader/Investor




Based upon Treaty of Friendship, Commerce and
Navigation, or Bilateral Investment Treaty, or other
arrangements (NAFTA-Canada and Mexico) between
U.S. and country with s/he is a national.
Need not show proceeding to U.S. for a specific period
of time, so long as there is an ultimate intention to depart
the U.S. and not permanently remain.
Applicant must have an intent to depart and DOS
requires a visa applicant to establish that s/he will not
seek adjustment of status within the U.S.
Time of Admission = 2 year admission and extension of
stay up to 2 years at a time.
13
E-1 and E-2 Visas

E-1 Treaty Trader

“the existing international

exchange of items of trade for
consideration between the U.S.
and the treaty country.”

Spouses may apply to USCIS for
employment authorization.
Children can attend school w/o
changing status, but no EAD

unless there is a change of
status to F-1.

Extension – auto 240 days





E-2 Treaty Investor
Investment must be “substantial,” not
passive or marginal, e.g. not mere
ownership or a residence.
Must manage business and not
compete directly in the market as
skilled laborer; has controlling interest
in the business.
Spouses may apply to USCIS for
employment authorization.
Children can attend school w/o
changing status, but no EAD.
Age-Out Problem – if derivative’s
birthday is more than 30 days from
the beginning of a semester.
14
E-3 Visa – Australian
“Specialty Occupation”






Allows persons to enter the U.S. “solely to perform
services in a ‘specialty occupation’ in the United
States if the alien is a national of the Commonwealth
of Australia” and employer files a labor attestation
(LCA).
10,500 visas per fiscal year
E-3 spouses may work and E-3 applicants are not
required to pay the special fees required of H-1Bs.
Admitted initially for a period not to exceed the
validity of LCA.
The term of admission normally granted is two years.
Spouses eligible for employment authorization. 15
F-1 Visa – Academic Students






Seeks to enter the U.S. as a student “temporarily
and solely for the purpose of pursuing such a
course of study at an established institution of
learning or other recognized place of study in the
United States.”
Applicant will study ONLY at an institution
particularly designated by him and approved by
ICE in compliance with the SEVIS program.
Intent  Not to abandon foreign residence
Must maintain a full course of study.
Duration of Status – all students will be admitted
a maximum of 30 days before program start date.
Employment: on-campus, CPT, OPT
16
F-2 and F-3 – Family and
Commuter Students


F-2 Visas  for family
members of F-1s, they
may not attend school
without change of status
to F-1, except that
children may attend
elementary through 12th
grade.
F-2s may not attend
school while the change
of status is pending.



F-3 Visas  For
commuter students from
Canada and Mexico to
attend school part time or
full time in the U.S. as
long as they are not
residing in the U.S.
Will be given a date
certain on their I-94,
instead of D/S.
Subject to SEVIS but may
not obtain F-2 status for
their dependents.
17
G Visas – Under International
Organizations Immunities Act




G-1: Principal resident representative, family and staff of
a recognized foreign government to international
organization. e.g., U.N., WHO, IMF, etc.
G-2: Representatives of a recognized foreign government
to international organization and their immediate family.
G-3: G-1/G-2 from government without de jure recognition
from U.S. or nonmember country of international
organization. e.g., Iran or Cuba.
G-4: Officers and employees of international organization
and immediate family. Includes “personnel of any rank.”
 Sons and daughters, widows and retirees in G-4 status
can apply for green card as “special immigrants.” (May
need “N” status as a bridge.)
18
G Visas – Under International
Organizations Immunities Act







G-5: Attendants, servants and personal employees of G-1 to G-4.
 May be admitted for 3 years, plus renewals in increments of 2
years, but extensions must be accompanied by a letter from
employer describing G-5’s work.
G-1 to G-4: Duration of Status so long as DOS recognizes
credentials.
Employment Authorization:
The spouse and unmarried dependent children, sons or daughters
of G-1, G-3 or G-4s may also seek employment authorization.
For G-1 and G-3, dependents’ employment can only be pursuant to
a formal bilateral employment agreement or an informal de facto
reciprocal agreement if they are a national of that country.
It is a violation of status for dependents to work without authorization
AND for principal alien when s/he works outside scope of his or her
official position.
Age out problem for children – See slide 14
19
H-1B Visas - Specialty Occupation

Dual Intent OK – Approval of labor certification or the filing
of immigrant visa petition does not preclude granting an H1B petition or extension – Does not require maintenance of
a foreign residence.

Labor Condition Application (LCA) Requirement

Cap of 65,000 H-1B Visas Per Year, with 20,000 Advanced
U.S. Degrees

6 year maximum, but can begin a new 6 year cycle if out of
the country for a year.

Recapture time if outside U.S. or if a green card employment
application has been pending for more than 1 year, may file for
extension over 6 years.
20
H-1B Visa - Specialty Occupation


Quota exceptions: Employment at a U.S. Institution of Higher
Education (Colleges or University) or a Related/Affiliated Non-Profit
Entity or Employment at a Non-Profit Research Organization or a
(Federal) Government Research Organization, or State or Local
Government Benefiting the Federal Government.
Costs =


Filing Fee $320
Training Fee $750 (Companies of 25 employees
or less/$1,500 if 26 employees or more)
by Employer’s Check
 Fraud Detection Fee $500 must be by Employer’s Check



USCIS Site Checks
Premium Processing Fee $1,000
Government FY begins 10/1, DOL permits filing of H-1B 6 months early
File 4/1 – 4/5. If Over Cap  Lottery
If you win the H-1B lottery – OPT extended to 10/1 H-1B start date with
employment – but no travel.
 If you lose – continue in school or consider alternative visa categories, or go
21
home.


Other H-1 Visas

H-1A category expired on
September 30, 1997, under
extension from the Immigration
Nursing Relief Act of 1989.

H-1B1 – Fast Track H1-Bs



U.S. has entered into Fast
Track Trade legislation with
Chile and Singapore.
Currently, Chile receives a
maximum of 1,400 H-1B1s
and Singapore a maximum of
5,400 H-1B1s.
Actual numbers used are
subtracted from the overall H-1B
cap.

H-1C – Professional
Nurses Working in
Health Professional
Shortage Areas (HPSAs)



Permits foreign trained
nurses to work temporarily at
hospitals in Health
Professional Shortage Areas
(HPSAs).
Period of admission is 3
years.
Total number of H-1C issued
in each fiscal year shall not
exceed 500.
22
H-2 Visas – Temporary Workers

H-2A – Temporary workers
performing “agricultural labor or
services … of a temporary or
seasonal nature.”

H-2B – Temporary workers
performing “other temporary service
or labor.”


Employer must demonstrate that
there are insufficient workers
who are able, willing, qualified
and available to perform the
agricultural work at the time and
place, AND
 His or her employment will not
adversely affect wage and
working conditions of similarly
employed U.S. workers.

50% Rule: Requires employers to
hire qualified U.S. farmworkers who
apply for the job until 50% of the
contract period has been completed.



Must get temporary labor
certification, demonstrating that (1)
No USC/LPR workers are available
for position; (2) employment of
aliens will not adversely affect wage
rate and working conditions of
similarly employed workers in the
U.S. (Construction projects,
seasonal resort workers, etc.)
Must demonstrate that the request for
labor is a one-time occurrence, a
seasonal need, a peak-load need, or an
intermittent need.
H-2B is limited to 66,000 visas a year.
Period of employment must be a year
or less unless there are extraordinary
circumstances or in the case of a onetime event could last up to 3 years. 23
H-3 and H-4 Visas

H-3: Trainees




Temporary worker invited by an individual or organization for
purposes of receiving instruction and training other than to
receive graduate medical education or training.
Training program must be one “that is not designed primarily to
provide productive employment.”
Must have foreign residence to which s/he must return.
H-4: Accompanying family members

Spouse/children
24
I Visa – Representative of Foreign
Information Media, Spouse and Child


Must be a bona fide representative.
Of foreign press, radio, film or other foreign information
media.




Entering solely to engage in vocation
Only if “home office” is in foreign country.
Duration of status upon entry, extension for 1 year.



Highly recommended that they have track record of bylines and
professionally appropriate publications to prevent implication of
fraud.
No limitation on extensions. May remain indefinitely. No
requirement of residence abroad.
Condition of entry – reciprocity between U.S. and home
country. No restrictions on adjustment.
Spouse/children – must apply for
employment authorization to work.
25
J-1 Visa – Exchange Visitor



For nonimmigrant professors, scholars, researchers, students, teachers,
nonacademic specialists, foreign physicians, international visitors, government
visitors, camp counselors, au paires, trainees, interns, etc. who have no
intention of abandoning foreign residence, and
Have sufficient funds and fluency in English, and
Maintain sufficient medical insurance for accident and illness for participant and
J family members in a minimum amount of $50,000 per accident or illness.

Two-Year Foreign Residence Requirement:
 Certain J visa holders are subject to a requirement by funding source or
“Skills List” that they must return to their home country or country of last
residence upon completion of their training in the U.S. before adjustment of
status, change of status or apply for any other immigrant or nonimmigrant
visa.
 May apply for a waiver – based on possible persecution, exceptional
hardship, no objection waiver, request by U.S. Federal Agency, or as
International Medical Graduate
 Subject to DOS favorable recommendation to USCIS.

Admission with D/S on I-94 = completion of J program + 30 days
J-2: Also subject to foreign-residence requirement

26
K Visa – Fiancé(e) of USC

K-1: Criteria












A fiancé(e) of USC.
Seeks to enter U.S. solely to conclude a valid and bona fide marriage with
petitioner.
Marry within 90 days after entry.
Must have previously met in person within two years of filing petition.
Must provide criminal record of the petitioner, if any.
K-2: for minor children of fiancés as accompanying
Petition valid only for entry of 4 months. Can be revalidated for 4-month
period, but no extensions of stay, or change of status.
K-3: A person who has a valid marriage to a USC, I-130 filed by USC
on his/her behalf, and s/he seeks to enter the U.S. to await the
approval.
K-4: Unmarried child of a K-3 applicant.
K-1 and K-2 have work authorization.
K-3/K-4 cannot change status in the U.S, nor can an nonimmigrant visa
holder change to a K-3/K-4.
K-3/K-4 has employment authorization incident to status but must apply.
27
L Visa – Intracompany Transferee Continuing
Employment with Int. Firm/Corp.

Beneficiary must be employed continuously abroad for 1 of
the past 3 years by parent, branch, affiliate or subsidiary of
U.S. company preceding the application for admission.


To enter U.S. temporarily to continue to work for same
employer or its affiliate or subsidiary.




One-year cannot be met by working part of year for affiliate or
branch in U.S, but time spent in U.S. will not interrupt one year.
Not required to be full time employment.
Must work in Managerial, Executive or “Specialized
Knowledge” skills.
Intent no longer an issue – dual intent as with H-1B
Possibly used as alternative for H-1B due to cap shortage.
28
L-1A, L-1B and L-2

L-1A – Continuously working in a
capacity that is managerial or executive.



L-1B – Continuously working in a capacity that involves
“Specialized Knowledge”



Exempt from labor certification when applying for EB-1 Green
Card Category from L-1A.
Duration - 7 Years
Requires labor certification to obtain LPR status.
Duration – 5 Years
L-2 – Spouse and children of L-1 visa holders.

Spouse is eligible for employment authorization.
29
M Visa – Vocational Students







M-1: Similar to F-1 except at a vocational/nonacademic institution.
(Can be for culinary, secretarial, flight schools)
M-2: Spouse or Child of M-1.
M-3: For commuter students from Canada and Mexico attending
school part time or full time in the U.S. as long as they are not
residing in the U.S.
Admitted for time necessary to complete course +30 days, or for one
year, whichever is less.
Extension – can cumulatively obtain extensions up to 3 years (+30
days) from the original start date to complete program.
No work authorization.
Practical Training – Temporary employment for practical training
may be authorized only after completion of the student’s course of
study.


M-1 student may not begin employment until s/he has been issued EAD.
One month employment authorization granted for each four months of
full-time study that the M-1 student has completed. However, an M-1
student may not engage in more than six months of practical training in
the aggregate.
30
N Visa – Special Immigrants

Parents and children of G-4s and NATO
employees accorded “Special Immigrant”
status if child given G or NATO visa during
the time s/he is under 21. (Used as “bridge
status” if principal departs.)
31
NATO Visas – Special Visas for
Certain Employees of NATO





Exempt from overstay requirements unless USCIS
or IJ makes a status determination.
Employment authorization for NATO principal is
incident to status.
Dependents may be given employment
authorization if there is a written bilateral
dependent employment agreement or a de facto
agreement.
Civilian employees of NATO as well as their
spouse and children may obtain “Special
Immigrant” status in the same manner as G-4
employees.
32
NATO-1 to NATO-7
O Visa – Extraordinary Individual

O-1A: Person who “has extraordinary ability in the sciences, arts,
education, business or athletics which has been demonstrated by
sustained national or international acclaim”

O-1B: If in motion picture or TV production, the person must have “a
demonstrated record of extraordinary achievement.” Person needs
to demonstrate that his or her achievements have been recognized
in the field “through extensive documentation.”
 Dual intent OK – no foreign residence requirement
but there is a requirement that there be a temporary
intent to remain.
 Can be in any field, even lawyers.
 With intention to continue to use ability.
 240-day rule applies.
 Usually also qualifies for EB1-1 Green Card. O-1
needs petitioner, EB1-1 may self-petition.
33
O Visa – Extraordinary Individual

O-2: For person accompanying
and assisting an O-1 artist or
athlete in the artistic or athletic
performance for a specific event
or events so long as:



S/he is an integral part of
such actual performance.
S/he has critical skill and
experience with the O-1 that
are not of a general nature
and which cannot be
performed by other
individuals.
S/he has foreign residence
which s/he has no intention
of abandoning.

O-3: For spouse and children
accompanying and following to
join as O-3s.

Admission – For O category
generally, it is for such time as
the AG may specify to provide for
the event(s), but no more than 3
years.

Beneficiary may be admitted 10
days before and stay until 10
days after validity period.
34
P Visa – Internationally Recognized
Athlete or Member of Internationally
Recognized Entertainment Group

P-1 - Athletes and Group Entertainers

P-1A: Person who performs as an athlete, individually or as part of a group
or team that is “internationally recognized” OR





Has had a sustained and substantial relationship with the group over a
period of at least one year.
Also includes minor league professional/entertainers under certain
circumstances.
P-1B: Person who performs with or is an integral or essential part of an
entertainment group that has been recognized internationally as being
outstanding in the discipline for a sustained and substantial period of time.
Seeks to enter temporarily and solely for purpose of performing in a
“competition, event or performance.”
If visa holder is a member of a group, s/he may not perform services
separate from that group.
35
P Visa – Artist or Entertainer

P-2 – Reciprocal Exchange Program
 Performs as artist or entertainer individually or as part of a group, or is an
integral part of the performance.
 Seeks to enter temporarily and solely for performing and
 Under a reciprocal exchange program between an organization or
organizations in the U.S. and one or more foreign organizations and which
provides for the temporary exchange of artists, entertainers or groups.

P-3 – Culturally Unique Program
 Performs as an artist, entertainer, individual or as part of a group or is an
integral part of the performance AND
 Enters temporarily and solely to perform, teach or coach in a culturally
unique program.
 There is no requirement that group exist before tour.
 May be commercial or noncommercial program.
 No need to be sponsored by educational, cultural or government agency.

P-4 – Spouses and Children
 Can enter as accompanying or following to join as P-4s. No employment
unless authorized. Granted same term of admission as spouse.
36
Q-1 Visa – Participant in an
International Cultural Exchange Program

For participant in an international cultural exchange program
designated by the AG for the purpose of providing practical training,
employment AND the sharing of the history, cultural and traditions of
the country of the person’s nationality.

Conditions:




Requirements for Program Approval:


Cannot exceed 15 months.
Beneficiary must have foreign residence.
Must be physically outside of the U.S. for 1 year before eligible to apply for
Q visas again after the 15 months.
Interaction with American Public
Requirements for Participants:




Must be 18 at time petition filed;
Must be qualified to perform work;
Must have ability to communicate cultural attributes of country;
Must have resided and been physically present outside the U.S. for the
immediate prior year if previously admitted as Q.
37
R Visa – Alien in a Religious Occupation

R-1 - For minister or a person working in a
professional capacity in a religious vocation or
occupation or a person working for a religious
organization in a religious vocation or
occupation and who for 2 years immediately
preceding the application has been a member of
the religious denomination having a bona fide
nonprofit religious organization in the U.S.

Entry limited to 5 years.

R-2 – Spouse and children accompanying or
following to join.
38
S Visa – Certain Aliens Supplying
Critical Information Relating to a
Criminal Organization or Enterprise


S-1: Alien who is willing to supply or has supplied such
information to federal or state law enforcement authorities
or court AND whose presence in the U.S. the AG determine
is essential to the success of an authorized criminal
investigation or prosecution.
S-2: Persons supplying critical information relating to
terrorism.




200 visas for S-1 per year; 50 for S-2
Maximum admission is 3 years. AG not permitted to grant extension.
Cannot change status from S visa, but can change status to S.
Spouse, married or unmarried sons and daughters, and parents may
accompany or follow to join if AG or Secretary of State and AG deem it
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appropriate.
T Visa – Victim of Trafficking in Persons








Must comply with reasonable request by Federal, State or Local law
enforcement authorities to assist in the investigation or prosecution
of trafficking or in the investigation of crimes where acts of trafficking
are at least one central reason of the crime.
If under 18, s/he is not required to assist law enforcement agencies
to obtain the visa.
If under 21, the principal may include her spouse, parents,
unmarried siblings under 18 at time of principal’s filing, and children
who may accompany or follow to join.
If 21 or over, may include only her spouse and children.
5,000 visas per year – does not apply to T derivatives.
Age Out Provision – Sibling and children who are under 21 do not
age-out if application is filed before they are 21 and principal who is
under 21 will continue to be treated as under 21 for purposes of
being accompanied by family.
May obtain employment authorization.
Duration – maximum period of 4 years; may apply for change of
status.
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TN Visa – NAFTA Professionals

For Canadian and Mexican citizens engaged in
activities at a professional level on TN list.
 Similar
to H-1B except there is no statutory limitation
on stay such as exists for Hs or Ls, and it generally
covers a broader range of job categories.
 May be admitted for up to 3 years.

MUST prove intent not to immigrate.

May NOT be self-employed in U.S.,
including through corporation acting as agent,
but owned by applicant.
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TD Visa – Spouse or Child of
NAFTA Professional

For spouses and unmarried minor children
accompanying or following to join TN.

Shall not accept employment UNLESS they are
otherwise authorized.

Permitted to attend school on a full time basis,
but no employment permitted.
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U Visa – Victim of Substantial Physical
or Mental Abuse from Criminal Activity











Must show: (a) has suffered substantial physical or mental abuse as a result of
having been a victim of “qualifying criminal activity;” (b) possesses credible and
reliable information establishing that he or she has knowledge of the details
concerning the qualifying criminal activity upon which his or her petition is
based; (c) has been helpful, is being helpful, or is likely to be helpful to a
certifying agency in the investigation or prosecution of the qualifying criminal
activity; AND (d) the qualifying criminal activity occurred in U.S.
Generally used for physical abuse of spouse, children.
10,000 visas per year – applies only to principal.
Employment authorized incident to status.
Approval for 4 years.
Family members: spouse and children under 21 of U-1 where the U-1 is 21 and
over.
Where U-1 is under 21, family members include spouse, children, parents and
unmarried siblings (under 18).
U-2: Spouse of U-1
U-3: Child of U-1
U-4: Parent of U-1
U-5: Unmarried sibling of U-1
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V Visa – Beneficiary of 2A Family Preference
Category Petition Filed Before 12/21/00


V-1: Visa for spouses of LPRs – if the LPR filed an I-130
petition for the spouse or child prior to 12/21/2000 AND if
the petition is pending for 3 or more years or if the
petition has been approved but 3 or more years have
elapsed and a visa number is not immediately available
or a visa number is available but the application remains
pending, by 2009 most resolved.
V-2: Visa for children of LPRs (same criteria as V-1)



Subject to age-out. If ages out, becomes ineligible.
V-3: Dependent, unmarried children of spouses of LPRs
(same criteria as V-1)
Employment authorization for period equals to the visa’s
authorized admission.
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QUESTIONS?
Review NAFSA handbook pages: 1334 – 1343.
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H1N1 Is Not a Visa:
A Survey of the Other Visa
Categories ‘A’ thru ‘V’
Eugene Goldstein, Esq
Law Offices of Eugene Goldstein & Associates
(212) 374-1544 eglaw@aol.com
http://www.eglaw-group.com
Thursday, November 5, 2009
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