Nonimmigrant Visas

Introduction: Navigating Temporary Immigration with Precision and Purpose

The nonimmigrant visa system is designed to accommodate individuals seeking lawful, temporary admission to the United States for professional, cultural, academic, or investment-based activities. Unlike immigrant visas that confer lawful permanent residency, nonimmigrant classifications are time-bound and purpose-specific, requiring applicants to clearly demonstrate the intent and capacity to comply with the visa’s terms.

At OCHOA PLLC, our practice focuses exclusively on U.S. immigration law. We offer tailored legal representation to clients pursuing nonimmigrant visas, with particular emphasis on employment, business, and extraordinary ability categories. Whether you are a global executive, a high-net-worth investor, or a recognized leader in your field, we provide immigration solutions grounded in legal precision and strategic planning.

What Are Nonimmigrant Visas?

Nonimmigrant visas allow foreign nationals to enter the United States temporarily for a defined purpose. These purposes range from employment and investment to education, cultural exchange, or tourism. Each visa category carries unique requirements related to duration, eligibility, and scope of permissible activity.

The nonimmigrant visa system is governed by the Immigration and Nationality Act (INA) and adjudicated by the U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS). There are more than 30 visa classifications, but only a select few are commonly used by professionals and business stakeholders.

Who Is Eligible to Apply for a Nonimmigrant Visa?

Eligibility for a nonimmigrant visa depends on multiple factors:

• Purpose of the visit (e.g., work, investment, performance, intra-company transfer)
• Nationality (particularly relevant in treaty-based visas like E-1 and E-2)
• Qualifications and professional experience
• Ties to the home country and ability to demonstrate nonimmigrant intent
• Financial capacity to support oneself during the stay

In most cases, applicants must also show that they do not intend to immigrate permanently, unless their visa allows for dual intent (as in L-1 or O-1).

Key Nonimmigrant Visa Categories We Handle

At OCHOA PLLC, we offer legal services for the following high-demand nonimmigrant visa types:

L-1 Visa – Intracompany Transferee

The L-1 visa facilitates the temporary transfer of foreign executives, managers, or specialized knowledge workers to U.S. offices of a multinational company. It is ideal for:

• Expanding into the U.S. market
• Launching new U.S. operations
• Transferring global leadership to U.S. branches

L-1A is for executives and managers; L-1B is for specialized knowledge employees. The company must demonstrate a qualifying corporate relationship (e.g., parent, subsidiary, affiliate) and that the transferee worked abroad for at least one continuous year in the last three years.

E-1 Visa – Treaty Trader

The E-1 Treaty Trader visa allows nationals of countries with qualifying trade treaties with the U.S. to enter for the purpose of substantial trade between the U.S. and their country. Trade can include:

• Goods
• Services
• International banking
• Insurance
• Technology and software

Eligibility requires that at least 50% of the international trade conducted by the applicant’s company is between the U.S. and the treaty country. The applicant must be principally engaged in the trade activity, either as a trader or qualifying employee.

E-2 Visa – Treaty Investor

The E-2 Treaty Investor visa permits nationals of treaty countries to enter the U.S. to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital.

Key requirements:

• Citizenship in a qualifying treaty country
• A bona fide enterprise that is operational or close to being operational
• Investment funds must be lawfully sourced and at risk
• The enterprise must have economic impact, ideally including job creation

E-2 visas are commonly used for startups, franchises, and business acquisitions. Employees of the treaty investor may also qualify if they share the investor’s nationality and serve in executive or specialized roles.

O-1 Visa – Extraordinary Ability

The O-1 visa is reserved for individuals who have demonstrated extraordinary ability or achievement in their respective fields, including:

• Science
• Education
• Business
• Athletics
• Arts
• Motion picture and television

The applicant must show sustained national or international acclaim through documentation such as:

• Major awards or nominations
• Press coverage
• Memberships in distinguished associations
• Original contributions of significance
• High salary or remuneration

The O-1A is used for STEM, business, and athletic professionals. The O-1B is for those in the arts and entertainment industries.

Required Documentation for Nonimmigrant Visa Applications

Each visa type requires tailored documentation, but general requirements may include:

L-1 Visa

• Proof of qualifying corporate relationship
• Job descriptions for foreign and U.S. roles
• Organizational charts
• Payroll and tax records
• Evidence of employment abroad for one year

E-1 / E-2 Visas

• Proof of treaty country nationality
• Detailed business plan
• Contracts, invoices, and trade documentation (E-1)
• Proof of investment and risk of loss (E-2)
• Financial statements, bank records
• Corporate formation documents

O-1 Visa

• Letters of recommendation from independent experts
• Documentation of awards, publications, or exhibitions
• Media coverage or professional recognition
• Employment offer and project details in the U.S.
• Supporting evidence for extraordinary ability criteria

Additional Required Documents

• Valid passport
• Visa application fee receipts
• DS-160 confirmation (for consular processing)
• Passport-sized photographs
• I-129 petition and applicable supplements (if filing within the U.S.)

Maintaining Status and Understanding Visa Limitations

Each nonimmigrant visa is time-limited and subject to conditions:

• L-1A: Max duration is 7 years
• L-1B: Max duration is 5 years
• E-1/E-2: Validity may vary but is typically granted in 2- to 5-year increments, with indefinite renewals allowed
• O-1: Issued for up to 3 years, with extensions available based on project duration

Visa holders must maintain their primary purpose of stay, avoid unauthorized employment, and depart the U.S. upon expiration unless eligible for extension or change of status.

Conclusion

Nonimmigrant visas offer strategic, high-value pathways for individuals and companies engaging in legitimate, time-bound activities in the United States. Whether expanding your business presence, launching a U.S. startup, transferring executives, or working on a distinguished project, selecting the appropriate visa and preparing a compliant, persuasive petition is essential to success.

At OCHOA PLLC, we understand the complexity of temporary visa classifications and the nuances of agency adjudication. We deliver legal strategies grounded in real-world experience, detailed documentation, and proactive advocacy—ensuring that every client moves forward with clarity and confidence.