Immigration Laws and Visas
A nonresident alien who wishes to work or do business in the United States must consider the immigration laws of the United States. The Immigration and Nationality Act contains the rules relating to the entry of aliens and is administered by the Department of Homeland Security (DHS) (through its bureau, U.S. Citizen and Immigration Services (USCIS)), and by the Department of State (through U.S. consulates abroad). The general rules applicable to nonresident aliens who wish to do business in the United States are briefly discussed below. As the rules in this area are complex and involve non-tax legal issues, individuals should consult with immigration counsel to determine the appropriate course of action for their particular circumstances.
An "alien" under the immigration laws is any person who is not a citizen or national of the United States. A national of the United States is a person who, although not a U.S. citizen, owes permanent allegiance to the United States. Immigrants are aliens who seek to enter the United States on a permanent basis, while non-immigrants seek admittance on a temporary basis. Certain numerical limitations applicable to immigrants do not apply to non-immigrants. In preparing for a journey to the United States, an alien, if not exempt from the visa requirement, should apply abroad to a U.S. consular official for an appropriate visa. A visa may not be granted until satisfactory evidence is submitted to show that the alien will be able to proceed to the United States. This includes assurance that the alien will obtain any exit permits and visas that may be needed for transit to the port of embarkation.
Set forth below is a partial listing of the visa classifications for non-immigrants. (For further information, visit the visas Web page for the Department of State at http://unitedstatesvisas.gov.)
"A" visas apply to foreign government officials, such as ambassadors, public ministers, or diplomatic or consular officers and their immediate families. This visa classification also applies, upon the basis of reciprocity, to certain other officials and employees of foreign governments, as well as to the attendants and personal employees of these officials.
"B" visas are granted to aliens having residence in foreign countries that they do not intend to abandon and who are visiting the United States temporarily for business or pleasure. The B-l visa is assigned to temporary visitors for business, and the holder thereof may engage in legitimate commercial or professional activities; however, such holders may not engage in purely local employment or labor of hire. These B-1 visas are generally valid for periods not exceeding one year. The B-2 visa is a tourist visa and is to be used for pleasure trips. It is generally valid for a minimum of six months but not more than one year.
"E" visas are granted to non-immigrant treaty-traders and treaty-investors. These are aliens who enter the United States to carry on substantial trade between the United States and the foreign state of which they are nationals, or who enter the United States to develop and direct enterprise in which an alien has invested or is actively in the process of investing a substantial amount of capital pursuant to a treaty of friendship, commerce, and navigation. Such visas are also applicable to the spouses and unmarried children under age 21 accompanying the treaty-trader or treaty-investor.
"F" visas generally apply to alien students, their spouses, and their children, and are generally granted to nonimmigrant students enrolled in U.S. colleges, universities, seminaries, language training programs, etc.
"G" visas are generally granted to certain representatives of international organizations and members of their immediate families. Aliens holding G visas generally must be employed by the foreign government entity or the international organization sponsoring their assignment to the United States.
"H" visas apply to temporary workers or trainees who are generally authorized to come to the United States temporarily to perform services or labor for, or to receive training from, certain employers. H visas also apply to aliens of distinguished merit and ability in the fields of arts, entertainment, athletics, and fashion modeling.
"J" visas are granted to alien students, scholars, trainees, teachers, professors, or others of similar description, and their spouses and children for the purpose of teaching, instructing, lecturing, studying, observing, etc. J visas generally apply to exchange aliens who have acquired exchange-visitor status under the U.S. Information and Education Exchange Act.
"L" visas are designed to enable firms to transfer alien employees to the United States for continued employment in the United States by the same or an affiliated enterprise. The alien must have been employed continuously for one year by a firm, corporation, or other legal entity, or an affiliate or subsidiary thereof, and must serve in a managerial or executive capacity or possess specialized knowledge. A recipient of an L visa may be admitted for an initial period of three years and may be granted extensions until the duties are completed. The DHS and the Department of State, however, may restrict renewals. The holder of an L visa is permitted to have his or her spouse and unmarried children join him or her in the United States.
"M" visas apply to aliens, their spouses, and their minor children who temporarily enter the United States solely for the purpose of pursuing a full course of study at an established vocational or other recognized non-academic institution (other than in a language training program).
"O" visas are granted to aliens with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim; their spouses; their children; and limited assistants who seek to enter the United States to continue work in the area of extraordinary ability.
"P" visas apply to alien artists, entertainers, or athletes who seek to enter the United States solely for the purpose of performing as such; their spouses; their children; and certain other aliens who are integral to such performances.
"Q" visas apply to aliens having residence in a foreign country, which they have no intention of abandoning, who are coming temporarily (for a period not to exceed 15 months) to the United States as participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the aliens' nationality and who will be employed under the same wages and working conditions as domestic workers.
"TN" (Trade NAFTA) visas apply to nonimmigrant citizens of Mexico and Canada who seek temporary entry into the United States to perform business activities for self-employed individuals. Spouses and dependent children can accompany such individuals under the "TD" status (Trade Dependent).
Generally, aliens must possess valid, unexpired visas and passports to enter the United States. In lieu of a visa, a returning U.S. resident may present a re-entry permit. An alien admitted as a nonimmigrant cannot remain permanently in the United States under that status. An alien who fails to maintain the nonimmigrant status under which admitted, or to which changed, under the Immigration and Nationality Act or who fails to comply with the conditions of such status may be subject to deportation. An alien who entered as a nonimmigrant is also subject to deportation if it is established that the alien was inadmissible at the time of entry.
As stated above, immigrants seek to enter the United States on a permanent basis. Aliens applying for immigrant status are generally subject to quotas restricting the number of such individuals who may enter the United States during the calendar year. The spouse, minor children, and parents of a citizen of the United States and special immigrants (generally immigrants lawfully admitted to the United States for permanent residence who are returning from temporary visits abroad) are exempt from the quotas.
http://www.us.kpmg.com/microsite/ies/tfc/content/chapter1.htm
2007-03-13 03:07:08
·
answer #6
·
answered by Anonymous
·
1⤊
0⤋