Robert C. Neeley, Jr.  

Immigration Business & Individual FAQ

 

Business FAQ

 

What is the H-1B Visa category?

The H-1B visa is a non-immigrant visa allowing the employee to work for the sponsoring employer for a total of 6 consecutive years. Their spouses and children (under 21) can legally live in the U.S. on an H-4 visa (although they are not permitted to accept employment).

 

When applying for an H-1B visa, the employer is the petitioner, while the foreign worker is the beneficiary. The employer files a Labor Condition Application with the U.S. Department of Labor. Second, the employer files a visa petition (Form I-129) with supporting documentation.

 

What is the EB-2 immigrant visa category? 

This classification includes:

 

• Members of the professions holding advanced university degrees or their equivalent.

• Individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

 

What happens if I filing a "change in previously approved employment," and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the employee during the validity period of the previous petition?

Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the employee during the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition. Such exceptions are limited and are made on a case-by-case basis.

 

What is the E-1 visa category? 

This visa is for treaty traders and allows individuals who engage in trade between their home country and the United States to reside and work in the U.S. E visa holders can remain in the U.S. for an indeterminate period of time, as long as they continue to do business. In order to qualify for this visa, there must be a reciprocal treaty between the U.S. and the country of the applicant’s nationality.

 

What is the E-2 visa category? 

This visa is for treaty investors who develop or direct an enterprise in which he or she has invested a substantial amount of capital. The same requirements and benefits apply as in the case of E-1 visas.

 

What is an L visa? 

The “intracompany transferee” visa facilitates the admission of multinational corporate executive and managers, or persons with specialized knowledge into the U.S. to work at the subsidiary of a foreign company. In order to qualify, the person must have been an employee of the parent company continuously for one year out of the prior three years before filing the L petition.

 

What is the R visa category? 

The R visa is for ministers, persons working in a professional capacity for a religious organization, and others working for such an organization. Examples of such occupations are pastors, liturgical workers, cantors and such. The initial period of admission under the R visa is three years and can be extended for an additional two years.

 

What is form I-129? 

Form I-129 is the petition form used for the E, H, L and R, O, P and Q visa categories.

 

 

Individual FAQ

 

What is H-1B status?

The H-1B visa is intended for those individuals who are members of a specialty occupation. Such occupations are, for example, architecture, engineering, mathematics, accounting, law, the arts and business specialties.

 

What am I allowed to do with a B-1 visitor’s visa?

The B-1 visa is appropriate for those coming to the U.S. to engage in temporary, business-related activities such as attending conferences, consultations and conventions. The individual may not engage in local employment for hire.

 

How can I transfer employment from a foreign company to its subsidiary in the US?

You can do so by filing an L-1 visa petition with the USCIS. You must have worked for the foreign employer continuously for one out of the last three years as a business executive or manager.

 

How do I qualify for a treaty investor (E-2) visa?

You must intend to come to the United States solely for the purpose of directing the operations of an enterprise in which you have invested – or are actively in the process of investing – a substantial amount of capital.

 

What is the visa waive program?

Nationals of specified countries can travel to the U.S. under a blanket “visa waiver pilot program” without first having to apply for a visa. The travelers must, however, have a valid passport that is machine-readable with biometric identifiers. The visa waiver visitor is still subject to inspection upon arrival in the U.S. and a decision on admissibility is made at that time. Persons admitted under the visa waiver program may not remain longer than 90 days.

 

What is the F-1 visa?

This visa category is for students coming to engage in academic study in a full-time program at an approved institution. The institution at which the student is admitted issues SEVIS Form I-20 which the student presents to the Consular officer upon arrival. In some cases, the student is permitted to engage in part-time employment during the course of study.

 

What is the J-1 visa?

This visa category covers those coming to the U.S. as a student, researcher, professor, nonacademic specialist, physician, international visitor, camp counselor, au pair, or summer student in a travel/work program. In some cases those who have been admitted in the J-1 visa category become subject to a two-year foreign residency requirement before they may change to another nonimmigrant visa category.

 

What is the K visa?

The K visa category is for fiancés of U.S. citizens who are entering for the purpose of getting married within 90 days of their admission into the U.S.

 

What is form I-539?

The purpose of Form I-539 is for nonimmigrants to request extension of stays from their current status or changes from one nonimmigrant category to another (B-1 visitor to H-1B, for example). Form I-539 should be filed at least 45 days before the expiration of the current authorized stay.