ALIEN MANUAL - IMMIGRATION INFORMATION, SECTION A2

A2.0 IMMIGRATION CLASSIFICATIONS

 An immigration classifications chart is available on our Charts and Calendars page.

A2.1 Waiver Pilot Program (VWPP)

This program allows citizens of participating countries (see Note below for list of countries) to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa.

To qualify, travelers must:

• Have a valid passport issued by a participating country and be a citizen and resident of that country.

• Be seeking entry into the U.S. for no more than 90 days.

• If entering by air or sea, have a round-trip ticket issued by a carrier that participates in the waiver program and arrive on that carrier. Travelers should consult carriers to insure that they participate in the waiver program.

• Have proof of financial solvency and hold a completed and signed visa waiver arrival/departure form (I-94W). These forms will be available for the carrier, travel agents, and at land-border ports of entry.

Classification

• WB: Waiver Business. Issued to temporary visitors who plan to be in the U.S. for business purposes. Purposes for entry into the U.S. can not be employment or to study. This designation can only be reimbursed for honoraria and associated incidental expenses provided that the services do not exceed nine days at a single institution and the individual has not accepted honoraria and/or reimbursement for incidental expenses from more than five institutions in a six month period .

• WT: Waiver Tourist. Issued to temporary visitors who plan to be in the U.S. as a tourist. This designation can be reimbursed for honoraria and associated incidental expenses.  See WB explanation.

Advantages:

1. Easy way to enter the U.S. for individuals from participating countries.
2. No need to formally file for a visa status at a Consulate.

Disadvantages:

1. Can not stay in the U.S beyond the 90 days, no extensions granted.
2. Can not change status

Note:   Countries participating in the waiver program: Andorra, Argentina, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Uruguay.

A2.2 Visitor for Business and Pleasure (B1/B2)

This visa is a nonimmigrant visa for individuals entering the U.S. temporary for the purposes of business, pleasure, or medical treatment.

To qualify, travelers must:

• Demonstrate that the purpose of visit is to enter the U.S. for business, pleasure, or medical treatment;
• They plan to remain for a specific, limited period;
• They have a residence and binding ties outside the U.S. that will insure their return abroad at the end of the visit.

Application of Visitor Visa

Applicants should apply at the American Embassy or Consulate which has jurisdiction over their permanent residence. Required documentation:

1. A completed and signed application form OF-156. Blanks are available at Consulate;

2. A passport valid for travel to the U.S. with a validity date at least 6 months beyond the intended period of stay;

3. A picture ID (see Consulate for specific requirements);

4. Individuals traveling for Business - a letter from the U.S. firm indicating the purpose of the trip, the length of time to complete the purpose, and the firms intent to defray travel costs
   Individuals traveling for Pleasure - a letter from relatives or friends in the U.S. whom the person intends to visit or confirmation of a tour group;
   Individuals traveling for Medical Treatment - a letter a doctor or medical facility concerning proposed treatment.

Classifications

• B1: Issued to temporary visitors who plan to be in the U.S. to engage in commercial transactions, participate in scientific, educational, professional or business conferences/seminars, conduct independent research, or participate in litigation. Individuals with this classification can not be employed or be in the US for the purpose of study. This designation can receive payment for honoraria and associated incidental expenses provided that the services do not exceed nine days at a single institution and the individual has not accepted honoraria and/or reimbursement for incidental expenses from more than five institutions in a six month period .

• B2: Issued to temporary visitors for the purpose of tourism or social activity. This classification may engage in a short course of study (no more than 18 hours per week). An F1 or M1 student can gain entry into the U.S. under this visa 90 days prior to the registration date shown on their I-20 forms. This designation may receive honoraria and/or reimbursement for incidental expenses provided that the services do not exceed nine days at a single institution and the individual has not accepted honoraria and/or reimbursement for incidental expenses from more than five institutions in a six month period .

Advantages:

1. May be able to extend visit while in the U.S beyond the 90 days. Must contact INS to do so.

2. May be able to change status while in the U.S. by contacting INS and completing form I-539.

Disadvantages:

1. Must obtain the visa status from a Consulate prior to their arrival at a port of entry and the INS has the authority to deny admission.

2. Length of stay in the U.S. is determined by the INS at their discretion.

A2.3 Professional Under the North American Free Trade Agreement (TN)

This status is available to citizens of Canada and Mexico.

Application for TN:

Citizen of Canada: The requirements are as follows:

1. A request of a TN status,

2. Documentation that establishes qualification for job (i.e. - copy of college degree),

3. A written job offer from a U.S. based employer. This must include a description of the job and the job must be listed on the NAFTA job series list,

4. A $50.00 fee (in U.S. dollars).

Canadian citizens are not required to obtain a visa to enter the U.S. They may receive a TN status with INS at the port of entry. The TN status is only granted if the stay in the U.S. is temporary.

Citizen of Mexico: The requirements are as follows:

1. The U.S. employer must file a Labor Condition application,

2. The employer must file an I-129 "Petition for Nonimmigrant Worker" with INS,

3. After the I-129 has been approved, the visitor must apply for a nonimmigrant visa at a U.S. Embassy or Consulate in Mexico.

Dependents

A spouse and unmarried, minor children of the principal alien are entitled to the derived status but may not accept employment under that status while in the U.S. Generally, though, the designation will be a TD.

Extension of Stay

Citizen of Canada: has two options available

1. The employer files an I-129 form at the nearest regional INS office. The visitor does not have to leave the country to obtain approval. OR

2. The visitor may return to Canada and reapply at the port of entry with the same documentation that was required for the original entry.

Citizen of Mexico: The requirements are:

1. The U.S. employer must renew the Labor Certification and file a another I-129 with the regional INS office.

The NAFTA Professional Job Series List is located in the Reference Section.

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