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B-1 VISA - BUSINESS Acceptable B-1 Activities Selling An individual traveling to the United States to take part in an exhibition, set up an exhibition booth, display samples, sign contracts, and take orders for merchandise produced in and delivered from the United Kingdom, may be eligible for a B-1 visa or visa free travel under the Visa Waiver Program (VWP. The holder of a B-1 visa or a VWP traveler may not actually sell or take orders for merchandise produced in the United States. If the proposed activities are not as described, a temporary work (H-2) visa will be required. Service Engineer If the engineer(s) will install, service or repair commercial or industrial equipment or machinery sold by a company in the United Kingdom to a buyer in the United States, and the purchase contract requires that the UK company provide such services, then the B-1 visa or visa free travel under the Visa Waiver Program, (VWP) is appropriate. However, in such cases, the engineer(s) must possess the specialized knowledge essential to perform the services, receive no remuneration from a U.S. source, and the company must not receive any payment for these services in addition to that specified in the original contract of sale. If the proposed activities are not exactly as described, temporary work visas (H-2) will be required. Please note that the B-1 visa or travel under the VWP does not cover building or construction work, even if the purchase contract requires that the company provide such services. In such cases, the employees must always qualify for H-2 visas. TEMPORARY WORK VISAS Anyone going to the United States with the intention of working there temporarily must obtain 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. The most common categories of nonimmigrant work visas are listed below: Temporary Work Visa (H) Required by an alien who is to perform a prearranged professional or highly skilled job for a temporary period, or to fill a temporary position for which there is a shortage of U.S. workers, or receive training from an employer. The employment or training must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of an application filed by the prospective employer. Intra-company Transferee Visa (L-1) Required by an alien who is being transferred by his current employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States. The employment must be approved in advance by the USCIS in the United States on the basis of an application filed by the prospective employer. Treaty Trader/Investor Visas (E -1 and E-2) Required by a national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to 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, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa. ACADEMICS, RESEARCHERS & STUDENTS Exchange Student In general anyone wishing to study at an academic institution in the United States requires a student F-1 visa. However, a student who is pursuing a full course of study at an academic institution outside the United States and who is required to study at a U.S. academic institution for a semester or academic year as part of their curriculum, may require an exchange visitor J-1 visa. The student should contact the U.S. institution to ascertain whether or not an exchange visitor program is in operation. If there is no exchange visitor program, the student will require a student visa. School children taking part in a school exchange with an American high school are eligible for B-2 visas, or visa free travel under the Visa Waiver Program, if otherwise qualified. If they intend remaining in the United States for a term or semester, however, they will require the appropriate J-1 or F-1 visa. O VISAS - PERSONS WITH EXTRAORDINARY ABILITY & MEMBERS OF THE ENTERTAINMENT PROFESSION AND P VISA - ATHLETES, ARTISTS & ENTERTAINERS O Visa The O 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. 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 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. 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. 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.