Other Nonimmigrant Visas

Business visitors (B-1) may be admitted to the U.S. to engage in business, but not to be employed. All the requirements and limitations of nonimmigrant status apply to the business visitor. Business visitors from certain countries may be admitted tot he U.S. under a visa waiver program. The O and P category have been designated for athletes, entertainers and cultural exchange visitors.

U.S. laws prohibit the entry of a foreign national not in possession of a valid visa, with a few limited exceptions. The most important exception is the Visa Waiver Pilot Program. This program is designed to allow nationals from certain countries to enter the United States under limited conditions, for a limited time, without first obtaining a visa. Under the terms of the Visa Waiver Program, U.S. officials may waive the requirement of a valid nonimmigrant visa for certain visitors for business (B1) or pleasure (B2) who seek entry into the United States for not more than 90 days.

A foreign national admitted under a Visa Waiver is not eligible for extensions of the stay. If the purpose of the trip cannot be accomplished within 90 days, a nonimmigrant visa should be sought at a U.S. consulate before coming to the U.S. In emergent situations the person may request permission to remain for an additional period not to exceed 30 days. There can be no extension beyond that 30 day period. A foreign national admitted under the Visa Waiver is not eligible for a change of nonimmigrant status.

O visas are useful for highly talented or acclaimed foreign individuals who may not qualify in other work-related nonimmigrant categories such as H, L, or J, or who wish to avoid those categories for various reasons. They are especially helpful to artists, athletes, entertainers, and business people without professional degrees. Additionally, O visas are a useful and flexible alternative to the H1B program, particularly when H1B prevailing wage requirements cannot be met because the individuals are working for nonprofit organizations or academic institutions.

The P visas are similar to O visas. Generally it can be said that P visas are more appropriate for group artists entering the U.S. on trips of limited duration. For athletes, P visas are generally easier to obtain. There is a special category of P Visas reserved for culturally unique artists.

Related Links

• Nonimmigrant visas: Introduction

• Temporary Professionals and Trainees

• Intra Company Transferees

• Treaty Traders and Investors

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