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Company Visas
Navigating U.S. immigration for companies and entrepreneurs involves selecting the right visa category to match business goals and individual qualifications. Below is a a brief overview of visa options for companies and entrepreneurs where we can support. Contact us today to get started!
Common Company Visas & Green Cards
- Adjustment of Status
- B-1 Business Visa
- B-1 in lieu of H-1B
- E-1 Treaty Trader Visa
- E-2 Treaty Investor Visa
- EB-1A Extraordinary Ability (Green Card)
- EB-1B Outstanding Professors and Researchers (Green Card)
- EB-1C Multinational Manager or Executive (Green Card)
- EB-2 National Interest Waiver (Green Card)
- H-1B Visa
- L-1 Intracompany Transferee Visa
- O-1 Extraordinary Ability Visa
- P-1 Athlete or Entertainer Visa
Adjustment of Status
This process allows individuals already in the U.S. on a temporary visa (such as a K-1 fiancé(e) visa) to apply for lawful permanent resident status (a Green Card) without needing to return to their home country to complete visa processing. This is common among family members of U.S. citizens or permanent residents after a change in marital status or other qualifying events.
What is the Adjustment of Status process?
Adjustment of Status (AOS) is a legal procedure that allows an eligible individual who is already in the United States to change their immigration status to that of a lawful permanent resident (green card holder) without having to return to their home country for visa processing. This process is applicable to individuals who meet eligibility requirements based on family relationships, employment, or other qualifying categories.
Who can apply for an Adjustment of Status?
Eligibility for Adjustment of Status is generally available to individuals who have a valid immigrant visa petition approved, such as an I-130 or I-140 petition, and are currently in the United States. Applicants must have lawfully entered the U.S. and maintained lawful status, among other requirements. Certain categories, like asylees or refugees, may also adjust status under different eligibility criteria.
Can I work with the Adjustment of Status application?
Yes, applicants undergoing the Adjustment of Status process can apply for an Employment Authorization Document (EAD) by filing Form I-765. This document allows them to work legally in the U.S. while their application is pending. The EAD typically needs to be renewed annually until the green card is granted.
What are the benefits of Adjustment of Status application?
The primary benefit of adjusting status is the ability to legally reside and work in the U.S. as a permanent resident. This status provides stability and a pathway to citizenship, along with the benefits of residing in the U.S. such as access to education, social services, and the ability to travel in and out of the country more freely.
Do you need a petitioner for the Adjustment of Status application, and if so, who can be the petitioner?
Yes, most Adjustment of Status applications require a petitioner, who is often the same individual or entity that sponsored the initial immigrant petition. For family-based adjustments, this would be a U.S. citizen or lawful permanent resident family member. For employment-based adjustments, this would be the U.S. employer.
How can I apply for Adjustment of Status application?
To apply for Adjustment of Status, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This can be filed concurrently with an immigrant petition (like an I-130 or I-140) if eligible, or after such a petition is approved and a visa number is available. Applicants must include all required documents and evidence to demonstrate their eligibility.
How many of the Adjustment of Status applications are issued per year?
While there is no cap on the number of Adjustment of Status applications USCIS can approve annually, the number of green cards issued each year is limited by category and country-specific caps, particularly in family-sponsored and employment-based immigration categories, as outlined in the annual numerical limits set by Congress.
How much does Adjustment of Status cost?
The cost for filing an Adjustment of Status application includes the filing fee for Form I-485, which is currently $1,140 for most applicants, and a biometric services fee of $85. Additional costs may be incurred for medical examinations, translation of documents, and legal fees if the applicant chooses to hire an attorney to assist with the process. Applicants should consult the latest fee schedule on the USCIS website or discuss with an immigration lawyer to understand all associated costs.
B-1 Business Visa
This visa category is for companies looking to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, or medicine.
What is the B-1 visa?
The B-1 visa is a nonimmigrant visa intended for foreign nationals planning to enter the United States for temporary business activities such as consultations with business associates, attending professional, educational, or business conventions/conferences, settling an estate, or negotiating contracts. It is crucial to note that this visa does not permit employment in the U.S.
Who can apply for the B-1 visa?
The B-1 visa is available to any foreign national who intends to engage in business activities of a commercial or professional nature in the United States. Applicants must demonstrate that they have a residence outside the U.S. that they have no intention of abandoning and that they intend to depart the U.S. after their temporary stay. They must also prove sufficient financial means to support themselves during their stay.
How long is the B-1 Visa valid for?
The initial entry on a B-1 visa usually allows a stay of up to six months as determined by a Customs and Border Protection (CBP) officer at the port of entry. This period can be extended for a further six months upon application with U.S. Citizenship and Immigration Services (USCIS). The total stay, however, is typically limited to one year.
Can I work with the B-1 visa?
No, the B-1 visa strictly prohibits any form of employment in the United States. It is designed for business activities like attending meetings or conferences, negotiating contracts, and other similar tasks that do not involve entering the U.S. labor market.
What are the benefits of the B-1 visa?
The primary benefits of the B-1 visa are its flexibility and convenience for business-related travel to the United States. It facilitates the international business community’s access to the U.S. market for short periods, helping promote cross-border collaboration and economic exchange.
Do you need a petitioner for the B-1 visa and if so, who can be the petitioner?
No petitioner is required for the B-1 visa. Applicants apply independently and must personally satisfy the visa requirements, demonstrating their purpose of travel and intent to return to their home country after their visit.
How can I apply for the B-1 visa?
To apply for a B-1 visa, applicants need to complete the Online Nonimmigrant Visa Application, Form DS-160, and schedule a visa interview at the nearest U.S. embassy or consulate in their home country. During the interview, applicants must provide proof of their business activities and intentions in the U.S. and demonstrate strong ties to their home country.
How many B-1 visas are issued per year?
The number of B-1 visas issued annually varies based on several factors, including immigration policy changes and international economic conditions. There is no statutory cap, but the numbers can fluctuate significantly from year to year.
How much does the B-1 visa government fees cost?
The application fee for the B-1 visa is $160. This fee is non-refundable and is required for each visa application. Additional fees may apply for visa issuance, depending on the applicant’s nationality and reciprocal agreements between the U.S. and other countries.
B-1 in lieu of H-1B
This unique application of the B-1 visa allows professionals to undertake work in the U.S. for a short duration that would typically require an H-1B visa, under strict conditions and for a foreign employer.
What is B-1 in lieu of H-1B?
The B-1 in lieu of H-1B is a variant of the standard B-1 Business Visitor visa, designed for professionals who would typically qualify for an H-1B specialty occupation visa. This visa allows such professionals to enter the United States to perform work temporarily while remaining employed and paid by a foreign company. This special application is used when the professional activities fall under what would generally be covered by an H-1B visa but are for a shorter duration.
Who can apply for B-1 in lieu of H-1B?
This visa option is available to professionals who are employed by a non-U.S. company and need to engage in work activities in the U.S. that would typically require an H-1B visa. Eligible individuals must demonstrate that they possess the skills necessary to perform the duties of the specialty occupation and that their primary source of income and their principal place of business remain outside the United States.
How long is B-1 in lieu of H-1B valid for?
The B-1 in lieu of H-1B visa is generally issued for the period necessary to complete the specific work activity, not exceeding six months initially. Extensions may be granted for up to six additional months, depending on the project’s requirements and the visa holder’s compliance with U.S. immigration laws.
Can I work with B-1 in lieu of H-1B?
Yes, individuals holding the B-1 in lieu of H-1B visa can work in the U.S. on projects directly related to their employment with the foreign company. This work must be similar in nature to what would qualify for an H-1B visa, ensuring the visa holder does not enter the regular U.S. workforce or displace American workers.
What are the benefits of B-1 in lieu of H-1B?
The B-1 in lieu of H-1B visa offers significant flexibility for foreign professionals and their employers. It allows for short-term projects to be conducted in the U.S. without the need for an H-1B visa, bypassing the annual H-1B cap and potentially lengthy processing times. This visa is particularly useful during periods when H-1B visas are difficult to obtain or when the need for work in the U.S. is urgent and temporary.
Do you need a petitioner for B-1 in lieu of H-1B, and if so, who can be the petitioner?
No U.S. petitioner is required for the B-1 in lieu of H-1B visa. The application is made on the basis of the foreign employer’s requirement to send an employee to the U.S. for specific work that correlates directly to the employee’s role and expertise within the foreign company.
How can I apply for B-1 in lieu of H-1B?
Applicants for B-1 in lieu of H-1B must apply through the standard nonimmigrant visa application process. This includes completing the Online Nonimmigrant Visa Application (Form DS-160) and scheduling an interview at a U.S. embassy or consulate. During the interview, applicants must provide detailed documentation of their employment with the foreign company and the nature of the project or activities to be conducted in the U.S.
How many B-1 in lieu of H-1B visas are issued per year?
There is no specific cap for the number of B-1 in lieu of H-1B visas issued annually. The issuance is based on the merits of each individual application and the consular officer’s assessment of the case.
How much does B-1 in lieu of H-1B cost?
The application fee for the B-1 in lieu of H-1B visa is $160, which is the standard fee for most nonimmigrant visa applications. This does not include potential additional costs related to documentation, legal services, or other preparatory expenses necessary for the visa application.
E-1 Treaty Trader Visa
This visa caters to individuals from treaty countries engaged in substantial trade, including goods, services, and technology, mainly between the U.S. and the treaty country. It allows traders and their employees to stay in the U.S. for extended periods, provided the trade continues at a substantial level.
What is the E-1 Treaty Trader visa?
The E-1 Treaty Trader Visa is a nonimmigrant visa that enables nationals from countries that have a commerce and navigation treaty with the United States to enter the U.S. for the purpose of conducting substantial trade. This includes trade in goods, services, and technology, primarily between the U.S. and the treaty country. The visa aims to enhance economic interactions and strengthen relationships between the U.S. and the treaty countries.
Who can apply for E-1 Treaty Trader visa?
Eligibility for the E-1 Treaty Trader Visa is restricted to citizens of countries with which the United States maintains treaties of commerce and navigation. Applicants must be coming to the U.S. to engage in substantial trade activities, which are quantitatively and qualitatively significant. This includes a high volume of trades or transactions that are fundamental to the U.S.-treaty country trade relationship.
How long are is the E-1 Treaty Trader visa valid for?
The E-1 Treaty Trader Visa is typically issued for up to two years at a time, but it can be renewed indefinitely. Renewals require proof that the trade conditions continue to be met. There is no maximum limit on the number of years an individual can stay in the U.S. under an E-1 visa as long as their trade activities continue to meet the visa requirements.
Can I work with the E-1 Treaty Trader visa?
Yes, individuals on an E-1 Treaty Trader Visa can work legally in the United States. However, the employment is restricted to the activity for which the visa was approved—namely, the trade operations between the treaty country and the U.S. The visa holder cannot engage in any other employment without additional authorization.
What are the benefits of the E-1 Treaty Trader visa?
The E-1 Treaty Trader Visa offers several benefits: it facilitates the entry and stay of business persons who are actively engaged in trade activities between the U.S. and treaty countries. Visa holders can bring their spouse and unmarried children under 21 years old, who may attend school in the U.S. Spouses of E-1 visa holders may also apply for work authorization, enhancing the family’s ability to integrate during their stay in the U.S.
Do you need a petitioner for the E-1 Treaty Trader visa and if so, who can be the petitioner?
The E-1 Treaty Trader Visa does require a petitioner, which typically is the U.S. trading company that the applicant will represent. The petitioner must prove that the business exists and is operational and that it engages in substantial trade primarily between the U.S. and the treaty country.
How can I apply for the E-1 Treaty Trader visa?
To apply for an E-1 Treaty Trader Visa, the applicant or the participating company must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) if the trader is already in the United States. For applicants outside the U.S., the application process involves applying directly at a U.S. consulate or embassy. Documentation demonstrating substantial trade and the treaty status of the home country is required.
How many of E-1 Treaty Trader visa are issued per year?
There is no statutory cap on the number of E-1 visas that can be issued each year. This absence of a limit facilitates robust trade relationships between the U.S. and treaty countries, allowing businesses to operate without restrictions on the number of qualified traders they can employ in the U.S.
How much does the E-1 Treaty Trader visa cost?
The primary cost involved in applying for an E-1 Treaty Trader Visa is the $460 filing fee for the Form I-129. Additional costs may include fees for visa issuance based on reciprocity between the U.S. and the treaty country, as well as legal and advisory fees to ensure compliance and optimize the application process.
E-2 Treaty Investor Visa
Available to nationals of countries with which the U.S. maintains a treaty of commerce, the E-2 visa allows for a substantial investment in a U.S. business. The investor must come to the U.S. to develop and direct the business, with the visa allowing for renewal indefinitely as long as the business operates.
What is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa is a nonimmigrant visa available to nationals of countries that have a treaty of commerce and navigation with the United States. This visa allows individuals to enter the U.S. to direct and develop an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. It is designed to strengthen economic ties and facilitate cultural exchange between the U.S. and treaty countries.
Who can apply for the E-2 Treaty Investor Visa?
Eligibility for the E-2 Treaty Investor Visa requires the applicant to be a national of a treaty country and to have made a substantial investment in a U.S. business. Applicants must demonstrate that the investment is significant enough to influence the business’s success and that the business is capable of generating more than enough income to provide a living for the applicant and their family or it must have a significant economic impact in the United States.
How long is the E-2 Treaty Investor Visa valid for?
The initial validity of the E-2 Treaty Investor Visa ranges from two to five years, depending on the treaty between the U.S. and the investor’s country. The visa can be renewed indefinitely in increments of up to five years as long as the visa holder maintains the investment and the business remains viable and continues to meet all treaty visa requirements.
Can I work with the E-2 Treaty Investor Visa?
Yes, E-2 Treaty Investor Visa holders are permitted to work legally in the United States strictly within the business in which they have invested. This visa does not generally allow the holder to engage in employment outside the investment enterprise.
What are the benefits of the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa offers numerous benefits, such as the ability to own and manage a U.S. business, the potential for visa renewal indefinitely, and the opportunity for the investor’s spouse and unmarried children under 21 to live in the U.S. and for the spouse to seek employment authorization. Additionally, the visa holder can travel in and out of the U.S. as needed.
Do you need a petitioner for the E-2 Treaty Investor Visa and if so, who can be the petitioner?
Unlike many other visa categories, the E-2 Treaty Investor Visa does not require a traditional employer petitioner. Instead, the investment enterprise itself acts as the petitioner. The investor must show that they have a controlling interest in the business (i.e., they must own at least 50% of the business or possess operational control through a managerial position).
How can I apply for the E-2 Treaty Investor Visa?
Applying for an E-2 Treaty Investor Visa involves submitting a comprehensive application to the U.S. Citizenship and Immigration Services (USCIS) if in the United States or directly to a U.S. consulate or embassy if abroad. The application must include detailed documentation of the investment, the business plan, the applicant’s nationality, and their role in the business. An in-person interview at the U.S. embassy or consulate is also typically required.
How many of the E-2 Treaty Investor Visas are issued per year?
There is no cap on the number of E-2 Treaty Investor Visas that can be issued annually. This facilitates the continual entry of investors and their families based on the business needs and treaty agreements.
How much does the E-2 Treaty Investor Visa government cost?
The cost of an E-2 Treaty Investor Visa includes a filing fee for the initial petition, which is currently $460. Additional costs may include fees for visa issuance, biometric services, and legal representation. It is advisable for potential applicants to budget for these expenses and any costs related to preparing the necessary documentation and business plan.
EB-1A Extraordinary Ability (Green Card)
The EB-1A category is designated for individuals with extraordinary ability in their fields, such as science, arts, education, business, or athletics, allowing them to self-petition for U.S. permanent residency without a job offer.
What is an EB-1A?
The EB-1A is a preference category for United States employment-based permanent residency. It is intended for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This category provides an expedited route to a green card for those who can demonstrate that their achievements have been recognized in their field through extensive documentation.
Who qualifies for an EB-1A?
Qualification for the EB-1A requires individuals to demonstrate extraordinary ability by providing evidence of a one-time achievement (such as a major internationally recognized award), or at least three of ten criteria set by USCIS, such as lesser nationally or internationally recognized prizes, membership in associations requiring outstanding achievements, published material about the person, and original contributions of major significance in their field, among others.
What is the validity period of an EB-1A?
The EB-1A grants permanent residency in the United States. Once granted, the green card holder must maintain their status by living in the U.S. and may be subject to certain conditions like renewing their green card every ten years. It also opens the path to U.S. citizenship after maintaining permanent residency status for a required number of years.
Can you work under an EB-1A?
Yes, individuals who obtain an EB-1A visa are allowed to work in the United States in the field of their extraordinary abilities. This visa provides significant flexibility, allowing the holder to work in their profession and make contributions to their industry without the need for employer sponsorship.
What are the advantages of an EB-1A?
The EB-1A offers several advantages, such as the ability to self-petition, which eliminates the need for a job offer or employer sponsorship. This is particularly beneficial for freelancers, entrepreneurs, and individuals who wish to continue their work independently. Additionally, the EB-1A typically experiences faster processing times compared to other green card applications and has a higher priority due to its first-preference classification.
Is there a petitioner requirement for an EB-1A?
No, one of the unique features of the EB-1A category is that applicants are allowed to self-petition. This means that they do not require an employer to sponsor their application. Applicants can file for permanent residency on their own behalf, highlighting their extraordinary abilities and their intention to continue working in their field in the United States.
What is the application process for an EB-1A?
The application process for an EB-1A visa involves filing Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). Applicants must compile comprehensive documentation demonstrating their extraordinary ability and sustained acclaim in their field. Following approval of the I-140, those residing outside the U.S. can apply for an immigrant visa, whereas those within the U.S. can adjust their status to that of a permanent resident.
What is the annual issuance limit for EB-1A?
The EB-1A is part of the broader EB-1 category, which has an annual limit of about 40,000 visas, including adjustments for any unused visas from the EB-4 and EB-5 categories. This cap is subject to legislative changes and can fluctuate based on visa usage and immigration policy.
What is the cost of applying for EB-1A?
The government filing fee for an EB-1A application (Form I-140) is $715. Additional costs may include fees for biometrics, necessary documentation, legal services if utilized, and potentially the medical examination required for adjusting status within the United States. These costs can vary significantly based on individual circumstances and the need for legal representation.
EB-1B Outstanding Professors and Researchers (Green Card)
EB-1B targets outstanding professors and researchers recognized internationally, requiring a U.S. employer's sponsorship.
What is EB-1B?
The EB-1B visa category is designated for foreign nationals who are internationally recognized as outstanding professors or researchers. This category is a pathway to permanent residency in the United States for those who have demonstrated significant contributions and recognition in their academic fields.
Who is eligible for EB-1B?
Eligibility for the EB-1B category requires candidates to have at least three years of experience in teaching or research in their academic field. Applicants must demonstrate international recognition for their outstanding achievements in a particular academic field. They must also have an offer of employment from a U.S. employer who is a university or other higher education institution, or a private employer that employs at least three full-time researchers.
What is the validity period of an EB-1B?
The EB-1B visa grants permanent residency in the United States. Once granted, the green card holder must maintain their residency status, which includes obligations like living in the U.S. and renewing their green card every ten years. It also opens the path to U.S. citizenship after meeting residency and other requirements.
Can you work under an EB-1B?
Yes, individuals who obtain an EB-1B visa are authorized to work in the United States in their specific academic field. This work should be related to the expertise and achievements that qualified them for the EB-1B category, typically at a university or recognized research institution.
What are the key benefits of EB-1B?
The EB-1B category offers several benefits, including exemption from the labor certification process, which simplifies and often speeds up the green card application process. It also generally enjoys faster processing times compared to other green card categories. The EB-1B allows applicants to secure a permanent position in their field of expertise and contribute significantly to the academic community in the U.S.
Is there a petitioner requirement for EB-1B?
Yes, the EB-1B requires a petitioner, which must be a U.S. employer. The employer, typically a university or a research institution, must sponsor the applicant and file the Form I-140, Petition for Alien Worker, on behalf of the candidate, demonstrating the individual’s qualifications and the job offer in the specified field.
What is the application process for EB-1B?
The application process for an EB-1B visa involves the U.S. employer filing Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The petition must include substantial evidence of the candidate’s academic achievements and the offer of employment. If the petition is approved and the candidate is in the U.S., they may adjust their status to permanent resident. If outside the U.S., the candidate can apply for an immigrant visa to enter and reside in the U.S.
What is the annual issuance limit for EB-1B?
The EB-1B falls under the overall EB-1 category cap, which is part of the broader employment-based preference allocation of visas. There is no specific sub-limit for EB-1B within the EB-1 category, contributing to the flexibility of the number of visas issued under this classification each year.
What are the costs associated with EB-1B?
The government filing fee for an EB-1B application (Form I-140) is $715. Additional costs may include legal fees if the applicant opts for legal representation, fees for required documentation, and potentially the biometrics fee if adjusting status within the United States.
EB-1C Multinational Manager or Executive (Green Card)
EB-1C is reserved for multinational managers or executives transferring to the U.S., also necessitating employer sponsorship for permanent residency.
What is an EB-1C?
The EB-1C visa is a permanent residency pathway specifically designed for multinational managers or executives who transfer to the United States to continue working for the same employer, an affiliate, or a subsidiary. This visa category is part of the first preference employment-based immigration, recognizing the crucial roles these individuals play in global business operations.
Who can apply for an EB-1C?
Eligibility for an EB-1C visa requires the applicant to be a manager or executive who has been employed outside the United States for at least one year in the three years preceding the application by the same employer, or its subsidiary or affiliate. Applicants must be coming to the U.S. to continue working for the same company in a managerial or executive capacity.
What is the duration of validity for an EB-1C?
The EB-1C visa grants permanent residency in the United States. Permanent residents must maintain their status by living in the U.S. and can apply for U.S. citizenship after meeting certain residency and other statutory requirements. The green card must be renewed every ten years.
Are you able to work under an EB-1C?
Yes, EB-1C visa holders are authorized to work in the United States in a managerial or executive capacity for the petitioning company. This visa ties the holder to the specific employer and role that was the basis for the visa application.
What are the benefits of an EB-1C?
Key benefits of the EB-1C visa include the direct path it provides to permanent residency without the need for labor certification, which can expedite the green card process. It is particularly advantageous for multinational companies looking to transfer key personnel to oversee U.S. operations, facilitating the continuity of management and executive leadership.
Is there a petitioner requirement for an EB-1C?
Yes, the EB-1C visa requires a U.S. employer to act as the petitioner. The employer must file the visa petition on behalf of the foreign executive or manager, demonstrating that there is an ongoing need for the applicant’s managerial or executive skills to continue employment in the United States.
What is the application process for an EB-1C?
The application process for an EB-1C involves the U.S. employer filing Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). Supporting documentation must prove the ongoing managerial or executive role of the applicant within the company. Following approval, the applicant can adjust status to permanent resident if they are in the U.S., or apply for an immigrant visa at a U.S. consulate if abroad.
Is there a limit on the number of EB-1C issuances per year?
The EB-1C is subject to the overall EB-1 category cap, which includes all EB-1 visas (Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Managers or Executives). There is no specific sub-limit for EB-1C within this cap, allowing flexibility in the number of EB-1C visas issued based on demand and other EB-1 applications.
What are the costs associated with an EB-1C?
The filing fee for Form I-140 for an EB-1C petition is $715. Additional costs can include expenses for legal representation, documentation preparation, and any required translations or certifications. These fees do not include the potential costs associated with adjusting status or consulate processing for immigrant visas.
EB-2 National Interest Waiver (Green Card)
The EB-2 NIW (National Interest Waiver) is a subcategory of the EB-2 employment-based immigration classification. It allows individuals with advanced degrees or exceptional ability to petition for a green card without a job offer or labor certification if their work is in the national interest of the United States.
What is an EB-2 NIW?
The EB-2 NIW (National Interest Waiver) is a subcategory of the EB-2 employment-based immigration classification. It allows individuals with advanced degrees or exceptional ability to self-petition for U.S. permanent residency without a job offer or labor certification. To qualify, applicants must demonstrate that their work is in the national interest of the United States.
Who qualifies for an EB-2 NIW?
Qualification for the EB-2 NIW requires individuals to meet the basic EB-2 criteria (having an advanced degree or exceptional ability) and additionally prove that their work is in the national interest. Applicants must demonstrate that: 1) their proposed endeavor has substantial merit and national importance, 2) they are well-positioned to advance the proposed endeavor, and 3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
What is the validity period of an EB-2 NIW?
The EB-2 NIW, like other employment-based green cards, grants permanent residency in the United States. Once approved, the green card holder must maintain their status by living in the U.S. and may be subject to certain conditions, such as renewing their green card every ten years. It also opens the path to U.S. citizenship after maintaining permanent residency status for the required number of years (typically five years).
Can you work under an EB-2 NIW?
Yes, individuals who obtain an EB-2 NIW green card are allowed to work in the United States in their field of expertise. This visa provides significant flexibility, allowing the holder to work for any employer, be self-employed, or change jobs without additional immigration paperwork, as long as they continue to work in the field of national interest for which the waiver was granted.
What are the advantages of an EB-2 NIW?
The EB-2 NIW offers several advantages, such as the ability to self-petition without a job offer or labor certification. This is particularly beneficial for researchers, entrepreneurs, and individuals who wish to work independently. Additionally, the EB-2 NIW allows for greater flexibility in career choices and doesn’t tie the applicant to a specific employer. It also typically has shorter wait times for visa numbers compared to other employment-based categories for some countries.
Is there a petitioner requirement for an EB-2 NIW?
No, one of the key features of the EB-2 NIW category is that applicants can self-petition. This means they do not require an employer to sponsor their application. Applicants can file for permanent residency on their own behalf, demonstrating how their work serves the national interest of the United States.
What is the application process for an EB-2 NIW?
The application process for an EB-2 NIW involves filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). Applicants must provide extensive documentation demonstrating their qualifications, the national importance of their work, and how they meet the NIW criteria. After approval of the I-140, those residing outside the U.S. can apply for an immigrant visa, while those within the U.S. can adjust their status to that of a permanent resident.
What is the annual issuance limit for EB-2 NIW?
The EB-2 NIW falls under the broader EB-2 category, which has an annual limit of about 40,000 visas, plus any unused visas from the EB-1 category. This cap is shared among all EB-2 subcategories and is subject to per-country limits. The actual number of NIW visas issued can vary based on demand and visa usage in other categories.
What is the cost of applying for EB-2 NIW?
The government filing fee for an EB-2 NIW application (Form I-140) is $700. The fee for premium processing (decision within 15 days) is $2,805. Additional costs may include fees for biometrics, necessary documentation, legal services if utilized, and potentially the medical examination required for adjusting status within the United States. These costs can vary significantly based on individual circumstances and the need for legal representation.
H-1B Visa
This visa category is for companies looking to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, or medicine.
What is the H-1B visa?
The H-1B visa is a nonimmigrant visa program under United States immigration law that allows U.S. employers to hire foreign professionals in specialty occupations. These occupations typically require a high degree of specialized knowledge and a bachelor’s degree or the equivalent in the specific specialty, such as in fields like IT, finance, engineering, architecture, and more.
Who can apply for the H-1B visa?
Any foreign national who holds a bachelor’s degree or higher (or its equivalent) in a field related to the specialty occupation they are being hired for can apply for an H-1B visa. However, the visa application must be sponsored by a U.S. employer who has offered a job in the specialty occupation to the applicant.
How long is the H-1B visa valid for?
The H-1B visa is initially valid for three years. It can be extended, and the total maximum duration of stay under this visa classification is six years, although exceptions do exist for individuals involved in certain types of immigration proceedings or those who have begun the process of applying for a green card.
Can I work with the H-1B visa?
Yes, the H-1B visa specifically allows the visa holder to work in the United States in the specialty occupation for which they were hired by the sponsoring employer. The visa is employer-specific, which means the visa holder can only work for the petitioning employer unless a new petition is approved for a different employer.
What are the benefits of the H-1B visa?
The H-1B visa benefits include the ability for U.S. companies to hire foreign talent for roles that require highly specialized knowledge that may not be readily available in the U.S. labor market. For foreign nationals, this visa provides an opportunity to work in the U.S. and potentially pursue permanent residency. The H-1B also allows for dual intent, meaning that visa holders can apply for a green card while in H-1B status.
Do you need a petitioner for the H-1B visa and if so, who can be the petitioner?
Yes, an H-1B visa requires a petitioner, which must be a U.S. employer who offers the foreign national a job in a specialty occupation. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with USCIS on behalf of the candidate.
How can I apply for the H-1B visa?
The application process for an H-1B visa involves the U.S. employer filing a petition with U.S. Citizenship and Immigration Services (USCIS). This includes submitting the required Labor Condition Application approved by the Department of Labor, evidence of the beneficiary’s qualifications, and other necessary documentation. The H-1B visa is subject to an annual cap with a lottery system used to select eligible petitions when the cap is exceeded.
How many of the H-1B visas are issued per year?
There is an annual cap of 85,000 H-1B visas issued each fiscal year, which includes 65,000 visas for applicants with a bachelor’s degree and an additional 20,000 visas for those with a U.S. master’s degree or higher.
How much does the H-1B visa government fees cost?
The government filing fee for the H-1B visa petition (Form I-129) is currently $555. This does not include fees for premium processing, if applicable, which is an additional $2,500, or other potential costs such as attorney fees and fees for required documentation.
L-1 Intracompany Transferee Visa
Ideal for multinational companies, the L-1 visa facilitates the transfer of key employees, including managers, executives, or those with specialized knowledge, from a foreign office to a U.S. office. It's also suitable for employees coming to the U.S. to establish a new office.
What is the L-1 visa?
The L-1 visa is a nonimmigrant visa category specifically designed to facilitate the transfer of key employees from a multinational company’s foreign offices to its U.S. offices. This visa category is ideal for executives, managers, and employees with specialized knowledge who are essential to the company’s operations. It allows these employees to bring their expertise to the U.S. office, promoting international business and operational continuity between the company’s global offices.
Who can apply for the L-1 visa?
The L-1 visa applications must be submitted by the employer rather than the individual employee. Eligible employees for this visa include those who have been working with the company abroad for at least one continuous year within the three years prior to the application. These employees must be transferring to the U.S. to fulfill managerial, executive, or specialized knowledge roles. The employer must demonstrate that the employee’s skills and role are critical to the operations of the U.S. office.
How long is the L-1 visa valid for?
The L-1 visa duration varies based on whether the U.S. office is already established or is a new entity. For employees transferring to a new office, the visa is initially granted for one year. For transfers to an existing office, the visa can be issued for up to three years. Extensions are possible, with a maximum of seven years for managers and executives, and five years for specialized knowledge employees, after which the employee must either change their immigration status or leave the U.S.
Can I work with the L-1 visa?
Yes, the L-1 visa explicitly authorizes the visa holder to work legally in the U.S. for the sponsoring company at the designated office. The visa is tied to the employer and the specific position outlined in the visa application, meaning employment with any other company or in any other role is not permitted without additional authorization.
What are the benefits of the L-1 visa?
The L-1 visa offers several benefits, including allowing multinational companies to strategically move key personnel to enhance their operations within the U.S. This visa also facilitates the international transfer of knowledge and corporate culture, supporting business expansion. Furthermore, the visa benefits employees by providing them and their immediate family members (spouse and children) the opportunity to live in the U.S., with spouses eligible to apply for work authorization.
Do you need a petitioner for the L-1 visa and if so, who can be the petitioner?
Yes, a U.S. employer must act as the petitioner for the L-1 visa. The petitioning employer must have a qualifying relationship with the foreign company (such as a parent company, branch, subsidiary, or affiliate) and be doing business as an employer in the U.S. and in at least one other country for the duration of the beneficiary’s stay in the U.S. under the L-1 classification.
How can I apply for the L-1 visa?
The application process for an L-1 visa involves the U.S. employer filing a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must include comprehensive documentation proving the corporate relationship between the U.S. and foreign entities, the eligibility of the employee, and the qualifications of the position in the U.S. Upon approval, the employee can apply for a visa at a U.S. Embassy or Consulate.
How many of L-1 visas are issued per year?
There is no annual cap on the number of L-1 visas that can be issued. This lack of a cap allows for flexibility in corporate planning and international staffing, making it a valuable tool for multinational companies needing to transfer multiple employees as business demands dictate.
How much does the L-1 visa cost?
The standard filing fee for the L-1 visa petition (Form I-129) is $960. Additional costs may include a $500 fraud prevention and detection fee for initial L-1 petitions and certain transfers. Employers may also opt for premium processing by paying an additional $2,500, which ensures a response from USCIS within 15 calendar days. Other potential costs include visa issuance fees, which vary by country, and expenses related to securing the necessary documentation and legal assistance.
O-1 Extraordinary Ability Visa
This visa category is for companies looking to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, engineering, or medicine.
What is the O-1 visa?
The O-1 visa is a nonimmigrant visa reserved for individuals who possess extraordinary abilities in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. This visa allows these individuals to enter the United States to work in their area of expertise for a U.S. employer or agent.
Who can apply for the O-1 visa?
Eligibility for the O-1 visa is determined by the applicant’s level of expertise and recognition in their field. Applicants must demonstrate that they are at the top of their field and have been recognized nationally or internationally for their contributions and achievements. This can be evidenced through awards, significant employment history, memberships in distinguished organizations, published material about them, and other similar accomplishments.
How long is the O-1 visa valid for?
The initial validity period for an O-1 visa can be up to 3 years, depending on the time required for the visa holder to complete the events or activities for which they were admitted into the U.S. Extensions of stay may be granted in increments of up to 1 year to continue or complete the same event or activity.
Can I work with the O-1 visa?
Yes, the O-1 visa specifically allows the holder to work in the United States in the field in which they have demonstrated extraordinary ability. The employment must be directly related to the area of expertise and typically requires a high level of accomplishment.
What are the benefits of the O-1 visa?
The O-1 visa offers several advantages, including the ability for extraordinarily talented individuals to work legally in their field of expertise within the U.S., contribute significantly to their industry or field, and potentially pave the way for permanent residency. The visa also permits accompanying O-3 visas for spouses and children who can stay but cannot work in the U.S.
Do you need a petitioner for the O-1 visa and if so, who can be the petitioner?
Yes, the O-1 visa requires a petitioner, which can be a U.S. employer or an agent representing both the employer and the foreign national. The petitioner must file the necessary documentation to USCIS, including a detailed itinerary of the work to be performed, contracts, and expert testimonials.
How can I apply for the O-1 visa?
The application process for the O-1 visa involves the petitioner filing Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services. This petition must be accompanied by substantial evidence of the applicant’s extraordinary ability, such as letters from peers, awards, and media articles, along with a contract between the petitioner and the beneficiary or an itinerary of events.
How many of the O-1 visas are issued per year?
The number of O-1 visas issued annually is not subject to any cap, allowing for flexibility based on the needs and qualifications of individuals recognized as having extraordinary abilities.
How much does the O-1 government fees cost?
The filing fee for the Form I-129 petition required for the O-1 visa is currently $460. Additional costs may include fees for premium processing, which expedites the review of the petition, and legal fees for preparing and filing the petition.
P-1 Athlete or Entertainer Visa
The P-1 visa is a nonimmigrant visa that allows athletes and entertainers to enter the United States for a temporary period of time to participate in athletic competitions, performances, or tours.
What is the P-1 visa?
The P-1 visa is a nonimmigrant visa specifically designed for internationally recognized athletes, athletic teams, and entertainers who wish to enter the United States to participate in recognized athletic competitions, entertainment events, or performance tours. This visa accommodates individuals who are recognized for a high level of achievement in their field, evidenced by a degree of skill and recognition substantially above that ordinarily encountered.
Who can apply for the P-1 visa?
The P-1 visa is suitable for individual athletes or teams and members of entertainment groups who have achieved international recognition in their fields. Applicants must be coming to the United States to participate in events or performances that require an internationally recognized athlete or entertainer. The events must have a distinguished reputation and must require the participation of an athlete or entertainer of international caliber.
How long is the P-1 visa valid for?
For individual athletes, the P-1 visa can be issued for up to 5 years initially. It can then be extended for up to an additional 5 years, for a total of 10 years. For athletic groups and entertainment groups, the visa is generally valid for the duration of the event, competition, or performance, but not exceeding 1 year. Extensions may be granted for similar periods to continue or complete the event, competition, or performance.
Can I work with the P-1 visa?
Yes, the P-1 visa allows the visa holder to work in the United States specifically in their field of expertise—athletics or entertainment. The work should be consistent with the events or activities described in the visa petition.
What are the benefits of the P-1 visa?
The P-1 visa offers numerous benefits for athletes and entertainers, including the opportunity to participate in prestigious events and increase their professional reputation internationally. It also allows for the accompaniment of essential support personnel and family members. Additionally, the P-1 visa provides a potential pathway to permanent residency for those who can establish extraordinary ability through sustained national or international acclaim and meet other specified criteria.
Do you need a petitioner for the P-1 visa and if so, who can be the petitioner?
Yes, a U.S. employer or a U.S.-based agent/representative must file the petition for a P-1 visa on behalf of the athlete or entertainer. The petitioner is responsible for submitting the Form I-129, Petition for Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS) along with the necessary evidence to establish eligibility.
How can I apply for the P-1 visa?
The process for applying for a P-1 visa involves the U.S. employer or agent filing a Form I-129 petition along with a consultation from an appropriate labor organization regarding the nature of the work to be done and the applicant’s qualifications. Additional supporting evidence should include documentation of the event, competition, or performance and evidence of the applicant’s international recognition and achievements.
How many of the P-1 visas are issued per year?
The issuance of P-1 visas is not subject to an annual cap, hence the number of visas issued each year can vary based on demand and the number of qualifying applicants.
How much does the P-1 government fees cost?
The filing fee for the Form I-129 petition required for the P-1 visa is $460. Additional fees might include costs for premium processing, if opted for quicker adjudication, which is an additional $2,500, and fees related to biometrics or visa issuance, depending on individual circumstances.
