Dependents applying in conjunction to the main visa holder will incur a charge of £250.00+VAT per application + US Embassy fee charg

Members of the Media (I)

Representatives of the foreign media traveling on assignment to the United States require “I” classification visas.

Definition of the term representative:  Members of the press, radio, or film whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations

  • Freelance journalists only considered if they are under contract to a media organization.
  • Members of the media engaged in the production or distribution of film, including employees of independent production companies
  • Generally those whose activities associated with journalism.
  • Stories that report on events, including sports events
  • Stories that involve contrived and staged events, even when unscripted, such as reality television shows, and quiz shows are not primarily informational and do not generally involve journalism. Similarly documentaries involving staged recreations with actors are also not considered informational. Members of the team working on such productions will not qualify for “I” classification visas. They will require the appropriate employment-based (O, P or H) visas.

Journalists working for an American Media Organization

Foreign journalists working for an overseas branch of a U.S. network, newspaper or other media outlet, are not precluded from applying for an “I” classification visa, provided they are coming to the United States solely to report on U.S. news events for a foreign audience and they will continue to be paid by the foreign based office.

If the journalist is to replace or augment an American journalist reporting on events in the U.S. for a U.S. audience, then the appropriate employment-based (O or H) visa will be required.

People involved in associated activities such as proofreaders, librarians, set designers, etc. will require O, P or H visas.

Projects of a Commercial or Entertainment Value

If the film project is of commercial or entertainment value, the appropriate employment-based O, P or H visa will be required which will involve obtaining employment authorization and an approved petition from the United States Citizenship and Immigration Services (USCIS) in the United States. The final determination on the appropriate classification of employment-based visa will be made by the USCIS at the time the petition is filed.

Exchange Visitor (J-1)

Anyone wishing to take up prearranged employment, training or research in the United States under an officially approved program sponsored by an educational or other nonprofit institution requires an exchange visitor (J-1) visa. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students, and au-pair programs.

Persons covered by these programs include:

  • post graduate students
  • foreign medical graduates seeking to pursue graduate medical education or training,
  • Foreign scholars sponsored by universities as temporary faculty, and some business trainees.

Doctors of Medicine

In order to perform services as a member of the medical profession or to receive graduate medical education in the United States, certain alien physicians are required to pass the National Board of Medical Examiners (NBME) Parts I and II, or an examination determined to be equivalent. More information is available from the Educational Commission for Foreign Medical Graduates.

Two-Year Home-Country Physical Presence (Foreign Residence) Requirement

A former exchange visitor may not be issued an immigrant, fiancé(e), temporary worker or intercompany transferee visa until he/she has resided and been physically present in the country of his/her nationality or last residence for at least two years following the termination of exchange visitor status if certain conditions apply.  For further information, including information on obtaining a waiver of the J Visa Two-Year Foreign Residence Requirement, if required, please click on this link.

Temporary Work Visas (H)

Anyone going to the United States with the intention of working there temporarily requires a nonimmigrant work visa. Persons entering the United States on a visitor or business visa or under the Visa Waiver Program (VWP) are not permitted to work.

Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment.

H-1B visa (specialty occupation) is required by an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. Before filing the petition, form I-129H, with the USCIS Service Center, the employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.

Treaty Traders & Investors (E Visas)

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation who wish to go to the United States for one of two purposes:

E-1:To solely carry on substantial trade, principally between the United States and the treaty country

Example a business located in the United Kingdom that designs and manufactures shoes might sell many of its products in the United States. However, it has no retail stores of its own nor any plant there. If the volume of its transatlantic trade is significant and continuous and if its UK-US trade makes up more than 50% of its total international trade, then the business could qualify for Treaty Trader status and the owner of the business or some of its employees might be eligible for E-1 visas.

E-2:To solely develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital

Example a British investor might purchase 75% of a restaurant located in Los Angeles. The restaurant operates at a profit and employs over 40 people, most of whom are American citizens. If all the other conditions for the visa are met, the investor could obtain an E-2 visa to enter the United States in order to operate his business and oversee his investment. He would also be able to send qualified employees who are UK citizens to work in his business if they meet certain specific requirements.

These visas are non-immigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa. The maximum length for the visa is 5 years, normally issued for 2 years first



The Treaty. The United States and the United Kingdom have maintained a treaty of commerce and navigation since 1815. In order to be covered by it, citizens of the United Kingdom must own at least 50% of the business and must actively develop and direct that business. In addition, in order to be eligible for E visas, U.K. applicants must reside in the British Isles. The relevant text, found at 9 FAM 41:51, Exhibit 1, says 10 United Kingdom. The Convention, which entered into force on July 3, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to 'inhabitants' of such territory. This term, as used in the Convention, means 'one who resides actually and permanently in a given place, and has his domicile there.' Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.

Proper Use of B1/B2 Visas and Visa Waiver Travel for Investors.

Potential investors may seek out investment opportunities, sign contracts, and take other steps to purchase or establish a business while traveling on B1/B2 status or on the Visa Waiver Program. However, applicants may not develop and direct a business while in such status. State Department regulations state (9 FAM 41.31 N9.7), 'an alien seeking investment in the United States, including an investment that would qualify him or her for status as an E-2 investor, is precluded from performing productive labor or from actively participating in the management of the business prior to being granted E-2 status.' Such actions are impermissible whether or not the investor receives any payment for his work.

Intra-Company Transfer Visa (L-1)

Employees of an international company who are being temporarily transferred to a parent, branch, affiliate, or subsidiary of the same company in the United States require Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

Opening an office

An L-1 visa is also the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year.

Filing a petition with USCIS

The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129, filed by the employer with the USCIS Service Center. Companies seeking the classification of multiple aliens as intra company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives and specialized knowledge professional that are destined to work in an established office. Any questions which you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

Persons with Extraordinary Ability

Members of the Entertainment Profession (O) or Athletes, Artists & Entertainers (P)

O-1 Visas:  The O-1 visa classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.

Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.

O-2 Visas:  For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.

P-1 Visas:  The P-1 visa classification provides for admission into the United States of certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.

P-2 Visas:  The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

P-3 Visas:  The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.

Filing a petition with USCIS

Your sponsor is required to file a petition, Form I-129, on your behalf with the United States Citizenship and Immigration Services (USCIS). Your sponsor or employer should contact the USCIS for further information. In the case of an alien who is traditionally self-employed or who uses agents to arrange short-term employment with numerous employers, an agent may file the petition with the USCIS. An agent may also file a petition on behalf of a foreign employer.

It is the responsibility of the USCIS to determine whether the alien qualifies for O or P visa category. Any questions concerning eligibility should be addressed to the appropriate USCIS office.

K-1 Visa - for Fiancé(e)s of U.S. Citizens

Who is eligible?

A fiancé(e) of a United States citizen who will travel to the United States to marry and take up indefinite residence after marriage. To qualify for a fiancé(e) visa, the following criteria must be meet:

  • one party is a U.S. Citizen;
  • both parties are legally free to marry; and
  • the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.

Applying for the visa

The first step in applying for a fiancé(e) visa is for the U.S. Citizen fiancé(e) (the petitioner) to file a petition on Form I-129F with the United States Citizenship and Immigration Services (USCIS) in the United Staters.  Note: The petition can only be filed with the USCIS in the U.S.; it cannot be filed with the USCIS office in London.

Children

Children under the age of 21 are eligible to derive status from the fiancé(e) visa petition filed on behalf of their parent; their name(s) should be included in the petition. If the U.S. Citizen is the natural father of the child, the child may have claim to American citizenship and, therefore, may be eligible for a U.S. passport.