SUNTOSO LAW
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General Visa Practice

   

 
 

E Visa

This visa classification applies to treaty traders or investors,as well as Australian specialty occupation workers who want to to enter the United States. A United States company may also apply for an E Visa for a nonimmigrant already residing in the United States.

There are three different E Visa categories: E-1, which may be granted to treaty traders who carry a substantial trade in goods; E-2, for thosewho direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money; and E-3, which comprises Australian specialty occupation workers.

 

F-1 Visa

One of three student visas,the F-1 Visa requires a student to enroll in an accredited school full-time. The recipient must have sufficient funds available for self-support during the entire time enrolled in school, be proficient in English, maintain a residence aboard which the student has no intention of giving up, and the school must be approved by SEVP.

Students should not work off campus during their first year of school,but may find off campus employment after the first year. Three types of employment scenarios can occur off-campus: Curricular Practical Training, Optional Practical Training (OPT), and STEM Optional Practical Training.

 

M-1 Visa

This lesser known student visa is used for students enrolled in vocational or technical programs, including language training. Students can engage in Optional Practical Training (OPT) only after they have finished their studies.

 

H-1B Visa

This visa allows a U.S. company to employ a foreign worker. The applicant must have highly specialized knowledge and also possess a bachelor’s degree or higher in a specific specialty. Fields include information technology, occupations in the science industry, and many others.

Only so many H-1B visas are available every year. USCIS determines if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”). An additional 20,000 visas are also available to foreign nationals who have earned a U.S. master’s degree or higher.

H-1B practice is evolving rapidly and there is almost always a change in the procedure every single fiscal year.  The common theme, however, is the strict deadline given each year to H-1B applicants. Requirements for preparation of the visa application take up to 10 days, so planning is key.

 

H-3 Visa

The H-3 Visa permits foreign nationals to temporarily enter the U.S. as either Trainees or a Special Education Exchange Visitors.Trainees receives training in a field not available in their home country, except for medical educationtraining. A trainee may engage a profession related to agricultural, commerce, communications, finance, government, or transportation, to name a few.This visa is meant to provide job-training for prospective employment outside of the United States.

 

I Visa

The I Visa, or Nonimmigrant Visa for Representatives of Foreign Media,is available to people from foreign media organizations, likenewspapers, radio stations, or television programs. The petitioning media organization must have itsheadquarters outside the United States. Media jobs include reporters, film crews, editors, and other similar occupations.

 

K Visa

Commonly known as the fiancé visa, this single-entry visa is available to foreign nationals that seek entry to marry a United States citizen fiancé. The couple must demonstrate intent to establish a life together and enter into a valid marriage within 90 days.  The purpose of the marriage cannot be to obtain an immigration benefit. Evidence must also be provided that demonstrates the sponsor can financially support the prospective spouse according to USCIS’ guidelines.

 

L Visa

Temporary Workers who perform managerial positions or have specialized knowledge can apply for the L-1A or L-1B visa. The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company not located in the United States. To qualify, you must work for a qualifying organization abroad for one full year within three years of admission to the United Stateswith the intent to provide managerial services to the same employer.

The L-1B visa also involves intracompany transferees, but for people with specialized knowledge. The applicant must have worked for a qualifying organization for one full year of the past three years, and have provided services in a specialized knowledge capacity for a qualifying organization. Specialized knowledge refers to knowledge of the organization’s product, services, research, equipment, techniques, management, or other interests and its application in international markets.

 

U Visa

This visa was created by Congress after the passing of the Victims of Trafficking and Violence Protection Act.U Visas are used for victims of certain crimes who have suffered abuse, whether it was physical or mental. These victims are required to help law enforcement or the government in the prosecution or investigation of the criminal activity. U visas protect victims while allowing law enforcement agencies to better serve victims of crimes.

The maximum number of U visas that can be granted each year is 10,000. This number does not include family members who apply to receive derivative status from a principal petitioner. If placed on the waiting list, principal and family may be eligible to apply for work authorization while waiting for additional visas to become accessible. A person granted a U visa may adjust status to that of a lawful permanent resident after 3 years.