There are two primary limitations of visa waiver. First, if someone overstays the 90 day visa waiver period he can never use visa waiver to travel to the U.S. again. Second, with extremely limited exceptions, a foreign national cannot change status in the U.S. if he or she entered on visa waiver.

When a foreign national is applying to school in the United States he or she must obtain an I-20 form from the college in addition to acceptance by the school. That form is taken to a US consulate (along with evidence of ability to support yourself while in school and pay for tuition and evidence of ties to your home country) to obtain a student (F-1) visa which will be issued for the duration of student status (D/S). Read more

A specialty occupation is one which typically requires a U.S. Bachelor’s degree (or the foreign equivalent) or greater and the position requires that the candidate apply in theory and practice a body of highly specialized knowledge.

OPT status is granted to university students after they have completed a program level-i.e., associates, bachelors or masters. Existing legislation provides “cap gap” relief so that one can have OPT status extend to October 1 if a H-1B petition is filed and the OPT status lasts beyond April 1st.

These kinds of visas are designed for multi-national corporations who need to transfer key personnel to a U.S. corporation. The employees can either be executives or managers (L-1A) or specialized knowledge workers (L-1B).

Usually a foreign national obtains permanent resident status (a green card) through family or work. The process through work often involves filing a labor certification to show that the employer cannot find sufficient minimally qualified workers. The Diversity lottery is also a vehicle for individuals from applicable countries to apply for permanent residency.

E-2 Non-immigrant status is available to a foreign national who makes a substantial investment in a business in the US. Substantial is not quantified and the amount required depends on the nature of the business. However, the investment must be more than simply to provide a living for the investor and his or her family. Read more