MARYLAND
IMMIGRATION LAWYERS

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The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.  Spouses and/or dependent family members may qualify as well.

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See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

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If the treaty trader is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-1 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

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Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Spouses of E-1 workers in valid E-1S status may work without restriction.

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Representation Fee:

$4,000.00

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Additional Applicants:

$500.00/applicant

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The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. Spouses and/or dependent family members may qualify as well.

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See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Employees may also apply for E-2 classification.

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If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

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Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  These family members, spouses and children may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  Spouses of E-2 workers in valid E-2S status may work without restriction.

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Representation Fee:

$4,000.00

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Additional Applicants:

$500.00/applicant

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The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

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An E-3 nonimmigrant worker’s spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States. Your spouse is considered employment authorized incident to status. 

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​​​​​​​​Representation Fee:

$4,000.00

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Additional Applicants:

$500.00/applicant

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This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

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Spouses and unmarried children under 21 years of age may apply for H-4 visas, but will be ineligible to work..  

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As of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status.

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Representation Fee:

$2,500.00

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.

A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file on a prospective worker’s behalf.

Spouses and unmarried children under 21 years of age may apply for H-4 visas, but will be ineligible to work.

Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. 

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A U.S. employer, or U.S. employer, or U.S. agent as described in the regulations, must file on a prospective worker’s behalf.

Spouses and unmarried children under 21 years of age may apply for H-4 visas, but will be ineligible to work.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a:

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Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’s home country;
 

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Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

In order to obtain H-3 classification, the U.S. employer or organization must file on the trainee or exchange visitor.

Spouses and unmarried children under 21 years of age may apply for H-4 visas, but will be ineligible to work.

Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/employee

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You may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa, if you:

Represent a foreign information media outlet (press, radio, film, or other foreign information media);

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Are coming to the United States to engage solely in this profession; and

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Have a home office in a foreign country.

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Occupations under this category include reporters, film crews, editors, and similar occupations.

Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.

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Any accompanying or following-to-join spouse and children under the age of 21 may be eligible to apply for an I nonimmigrant visa.

Your spouse and children are not eligible to work with an I nonimmigrant visa, but can study.​​

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  

The employer must file on behalf of the employee.

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Spouses and unmarried children who are under 21 years of age may apply for L-2 visas.  Spouses of L-1 workers in valid L-2 status are considered employment authorized.

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Representation Fee:

$4,000.00

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Additional Applicants:

$1,000.00/applicant

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The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. 

The employer must file on behalf of the employee.

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The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age.  Spouses and children may seek admission in the L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. 

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Spouses of L-1 workers in valid L-2 status are considered employment authorized incident to status.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

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The employer must file on behalf of the employee.

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The O nonimmigrant classification are commonly referred to as:

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-     O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);

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-     O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;

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-     O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and

-     O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

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Spouses and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, but will be ineligible to work.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:

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-     An individual athlete at an internationally recognized level of performance;

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-     Part of a group or team at an internationally recognized level of performance;

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-     A professional athlete; or

-     An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

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The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.

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The employer must file on behalf of the employee.

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Your spouse and unmarried children under the age of 21 may obtain P-4 nonimmigrant status. P-4 status does not authorize them to work in the United States, but they may attend school or college.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

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At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

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Essential Support Personnel who are an integral part of the performance of a P-1 entertainer(s) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel include front office personnel, camera operators, lighting technicians, and stage personnel.

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The employer must file on behalf of the employee.

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Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college. 

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/employee

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The P-2 classification applies to you if you are 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 United States and an organization in another country.

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You must be an artist entering the United States through a government recognized reciprocal exchange program. At the present time, five P-2 reciprocal agreements have been negotiated between the following organizations:

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-     The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada);

-     Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association;

-     Actor’s Equity Association (U.S.) and the British Actors’ Equity Association;

-     The International Council of Air Shows and the Canadian Air Show Association.

-     The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild

– American Federation of Television and Radio Artists (SAG-AFTRA).

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If a reciprocal agreement is submitted other than these five, USCIS will review the agreement to determine if the agreement adheres to the regulatory standard.

In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

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In order for you to qualify for a P-2 Visa, a sponsoring labor organization in the United States, or your U.S. employer must file on your behalf.

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Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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The P-3 classification applies to you if you are 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. 

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For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

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The employer must file on behalf of the employee.

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

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Representation Fee:

$4,000.00

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Additional Applicants:

$1,000.00/applicant

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You may be eligible for Q-1 nonimmigrant classification if you are seeking to participate in an international cultural exchange program approved by the Secretary of Homeland Security. The Q cultural exchange program is for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of your home country with the United States.

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The employer must file on behalf of the employee.

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The Q nonimmigrant classification does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children wishing to enter the United States must qualify independently for a nonimmigrant classification.

You may be eligible for Q-1 nonimmigrant classification if you are seeking to participate in an international cultural exchange program approved by the Secretary of Homeland Security. The Q cultural exchange program is for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of your home country with the United States.

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The employer must file on behalf of the employee.

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The Q nonimmigrant classification does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children wishing to enter the United States must qualify independently for a nonimmigrant classification.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/applicant

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An R-1 nonimmigrant is an a noncitizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:

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• Non-profit religious organization in the United States;

• Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or

• Non-profit organization which is affiliated with a religious denomination in the United States.

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To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.

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The employer must file on behalf of the employee.

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An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to work based on this visa classification.

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NOTE: Ministers of religious and members of religious denominations seeking temporary admission to the United States for brief periods may be eligible to be admitted as B-1 business visitors if their activities are allowed under the B-1 nonimmigrant visitor category. 

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Representation Fee:

$1,000.00

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Additional Applicants:

$500.00/applicant

Remember - this section is for temporary workers only!