"Executive capacity" means that the employee primarily directs the management, establishes goals and policies, and exercises wide latitude in decision-making.

Two categories available under the E-1 Visa classification

1) E-1 Visa Treaty Trader working individually on his or her own behalf; or

2) E-1Visa Employee

The L-1B visa is for staff with specialized knowledge who wishes to make an intra-company transfer

The E1 visa for Treaty Traders and Employees allows nationals from countries that maintain an appropriate treaty of commerce and navigation with the U.S., to enter the U.S. to conduct trade between the U.S. and their home country.

Majority ownership or control of the investing or trading company must be held by treaty-country nationals (the company or individual in trade or commerce must have the same nationality as the treaty country). The nationality of the company engaging in trade or investment is the nationality of those persons who own at least 50% of the stock of the corporation; The nationality of the persons owning the corporate stock is their country of citizenship. Note, however, that foreign nationals (who are nationals of the treaty country) who are also U.S. permanent residents cannot be counted towards determining at least 50% ownership.

A: The H-4 dependent visa is a nonimmigrant visa which allows the dependent spouse and children of principal H visa holders to enter into the U.S.

Spouses and children of R-1 non-immigrants and classified as R-2. They are not permitted to work unless they have their own work visas.

The evidence that should accompany the special immigrant religious worker petition and the role of the beneficiary within the religious organization are the same as for the R-1 applicant.

A: The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs.

1) The most important difference between the two religious worker categories is that the R-1 visa is temporary and the special immigrant religious worker visa is permanent.

2) Another difference between the two is the forms involved. A special immigrant religious worker applies using Form I-360 in place of the I-129 and R supplement.

1) The letter should outline the applicant's two-year minimum membership, including where that membership occurred, in or out of the US.

2) It should also include a statement that the foreign-based religious group and the US based religious group for which the applicant will work belong to the same denomination.

3) It must state the name and location of the organization in the US for which the applicant will work.

4) Finally, it should outline the applicant's qualifications and salary.

The maximum stay in R-1 status is 5 years. A person can obtain R-1 status again after remaining outside the US for one year before making another application.

A: The numerical limit refers to the number of visas issued by Department of State (DOS) to first-time workers and to the number of persons changing to H-2B status determined by USCIS. For FY 2006, the total annual numerical limit or cap is 66,000. Approximately 99 percent of the cap is made up of visas.

A: The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

A: The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature.