Samples of Visas We Prepare


B-1 Visa

A B-visa allows a foreign national to engage in business activities (but not work) in the United States. The visa must be obtained at the local US consulate.

F-1 Visa

The common F-1 visa allows foreign nationals to study in the US in an approved education program. In order to qualify for an F-1 visa, applicants need to satisfy several strict criteria:

E-1 / E-2 Visa

This is a nonimmigrant visa that allows for dual intent in limited circumstances.

E-3 Visa

This unique visa is available only for Australian nationals who have a legitimate offer of employment.

EB-5

EB-5 Immigrant Investor Program

H-1B Visas

The H-1B non-immigrant visa allows temporary employment in the United States for foreign nationals, who do not otherwise have work authorization to enter the U.S.

H-1B1 Visa

This unique visa is available only for Chileans and Singaporeans nationals who have a legitimate offer of employment.

H-3 Visa

This is a job-related training visa whereby the visa holder will ultimately perform the work outside the US. The worker must be invited by another individual, business, or organization to receive the training.

J-1 Visa

This is a nonimmigrant visa intended for interns and trainees.

L-1A / L-1B Visa

This is a nonimmigrant visa allows for dual intent.

O Visa

This is a nonimmigrant visa that is limited to individuals with extraordinary ability in the arts, business, education, sciences, or athletics. Meeting this requirement required national or international acclaim.

TN Visa

This is a nonimmigrant visa that is only applicable for Canadian or Mexican citizens

Form 601A

Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver under the Immigration and Nationality Act.

Company Discounts: If your company needs to apply for several immigration petitions within a single year, our firm can provide company discounts. Please inquire for more information.

B-1 Visa for Business

A B-visa allows a foreign national to engage in business activities (but not work) in the United States. The visa must be obtained at the local US consulate.

Limitations of the B-1 Visa:

  • Not engage in employment nor obtain a salary in the US. This is not a work visa,
  • No intent to immigration to the US,
  • Allowed to be in the US for 1 week up to 6 months (look at your white I-94 card for details), and
  • Extensions can be filed.
  • Authorized Business Activities:

  • Negotiations with commercial transactions
  • Consultations
  • Litigation
  • Install, service, or repair commercial equipment or machinery purchased from foreign company
  • Conferences, seminars, research, etc.
  • Visa Waiver Program for Business:

    After applying for authorization through the Electronic System for Travel Authorization, the foreign nation does not need to apply for the visa at the local US consulate. However, the person can only remain in the US for 90 days, they cannot change their status, adjust their status, or extend their status once they are in the US under the visa waiver program.

    Avoiding Deportation / Permanent Bans:

  • Ensure that the foreign nation is not filling a domestic position that requires a work visa
  • Ensure your company or your vendor is staying compliant with immigration laws, and
  • Provide letters of invitations to the visa holder.
  • Rather than hope for the best when it comes to doing work in the US, just hire the best to protect your immigration interests.

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    F-1 Visa, OPT, and Extensions:
    What’s the difference?

    F-1 Visa:

    The common F-1 visa allows foreign nationals to study in the US in an approved education program. In order to qualify for an F-1 visa, applicants need to satisfy several strict criteria:

  • Must have a foreign residence and must intend to return there upon completion of studies;
  • Can only study at the academic institution through which the visa was granted;
  • Must have sufficient financial support;
  • Must have strong ties to home country (e.g. job offer letter upon completion of studies, assets, bank accounts, and family).
  • It may be possible to convert this visa to a temporary work visa upon completion of applicant’s studies. Spouses and minor children obtain F-2 visa status and are not authorized to work in the U.S.
  • F-1 OPT:

    A F-1 visa holder can obtain an Employment Authorization Document (EAD) via an Optical Practical Training (OPT) category if the student has:

  • Been lawfully enrolled on a full-time basis for one full academic year;
  • Currently be maintaining a full-time program of study and valid F-1 status; and
  • Work in a job directly related to your major field of study
  • Extensions:

    An F-1 OPT holder is normally eligible to work for a maximum of 12 months. However, there are primarily two ways in order to extend the work authorization:

  • Begin a new academic program at a higher level (e.g., master’s after bachelor’s degree, PHD after master’s), then the OPT can be extended for another 12 months, or
  • If the student has their latest degree in the Science, Technology, Engineering, or Mathematics (DHS Stem Designated Program list), AND the employer is enrolled in E-Verify, then the OPT can be extended for an additional 17 months.
  • A person with an OPT work eligibility has the advantage of being able to work with multiple employers as long as they are all enrolled in E-verify. However, the student must be in a paid-working position at least 20 hours per work and must report to the Designated School Official (DSO) every 6 months regarding their work. A OPT holder has the advantage of being able to work for 180 days while their extension application is pending. Likewise, an OPT holder can remain in the country for 120 days while unemployed.

    Family:

  • F-1 visa holders can bring spouses and children (under the age of 21) to the US for the duration that the F-1 visa holder maintains his or her status.
  • Spouses and children are typically not work eligible.
  • An F-1 OPT visa and extension is an excellent option for both employers and employees.


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    E-1 / E-2 Visa: Treaty Trader & Investor Visa

    This is a nonimmigrant visa that allows for dual intent in limited circumstances.

    Requirements to apply:

  • The sponsoring employer/company must be at least 50% owned by a company or individual(s) with the citizenship of a country that has a trade or commerce treaty with the United States;
  • Which country the company is headquartered at does not matter for this visa;
  • The position must be managerial/executive in nature, or specialized qualifications or some essential skills. Limitations:
  • Employer is engaged in substantial trade between the US and the treaty country (E-1 visa holder).
  • Employer has made a substantial investment and is operating a viable commercial enterprise (E-2 visa holder).
  • Any foreign national employees hired must be of the same nationality of as the foreign national employer. Family:
  • Visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    E-3 Visa: Australian Professionals

    This unique visa is available only for Australian nationals who have a legitimate offer of employment.

    Requirements to apply:

  • Possess a US or foreign equivalent of a bachelor’s degree, and
  • Fill a specialty occupation that requires a bachelor’s degree or higher.
  • Limitations:

  • The visa is good for 2 years and can be renewed indefinitely.
  • Family:

  • E-3 visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status.
  • Spouses are work eligible.

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    H-1B Visas

    The H-1B non-immigrant visa allows temporary employment in the United States for foreign nationals, who do not otherwise have work authorization to enter the U.S. The United States Citizenship and Immigration Services (USCIS) has set the following current cap for H-1B visas.

    A limited number of H-1B visas are available for individuals who for the first time will fill a position requiring at least a bachelor’s degree. Examples of H-1B specialty positions include: financial planner, business analyst, accountant, software engineer, engineer, computer programmer, programming analyst and many other jobs. An additional 20,000 H-1B visas are available for individuals who have a US masters or higher degree.

    H-1B Visa Eligibility and Requirements:

  • Sponsored individuals must possess (a) a bachelor’s or higher degree or its U.S. equivalent, or (b) a combination of education and experience equal to a U.S. bachelor’s or higher degree enabling the employee to perform the duties of the H-1B visa sponsored position.
  • The wage offered to the H-1B sponsored individual must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher.
  • Authorization Period, Extensions and Conversions:

  • Employees sponsored to work in the U.S. on an H-1B work visa are initially allowed to work in the U.S. for up to three years. The individual is allowed to work in the U.S. under H-1B visa status for up to six years.
  • H-1B visa status can be extended in one-year increments beyond the six-year cap if the individual has had a labor certification application pending on their behalf for more than 365 days prior to reaching the cap, H-1B Visa status can be extended for three years if a PERM application is approved, subsequent I 140 application is approved, and immigrant visa number availability does not allow the filing of their green card application.
  • Applicants can file the H-1B application every year beginning on April 01. However, once the number of available slots are filled, the applicant must find another work authorization visa before trying again the following April.

    Family:

  • H-1B visa holders can bring spouses and children (under the age of 21) to the US for the duration that the H-1B visa holder maintains his or her status. Spouses and children are typically not work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa. The H-1 visa application takes some time to prepare. Be proactive and hire your counsel months ahead of time before the April 1st eligibility date begins.

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    H-1B1 Visa:
    Chileans, Singaporean Occupation Visas

    This unique visa is available only for Chileans and Singaporeans nationals who have a legitimate offer of employment.

    Requirements to apply:

  • Possess a US or foreign equivalent of a bachelor’s degree, and
  • Fill a specialty occupation that requires a bachelor’s degree or higher.
  • Limitations:

  • The visa is good for 16 months and can be renewed indefinitely,
  • Must file at the US Consulate abroad,
  • Labor application must be filed, and
  • No dual intent allowed (which is what a typical H1B visa allows).
  • Family:

  • Visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status.
  • Spouses are not work eligible.

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    H-3 Visa: Nonimmigrant Trainee

    This is a job-related training visa whereby the visa holder will ultimately perform the work outside the US. The worker must be invited by another individual, business, or organization to receive the training.

    Requirements to apply:

  • A detailed description of the structured training program including number of hours per week for classroom training and on-the-job training must be provided;
  • An explanation of why the trainee needs the training and why it is unavailable in trainee’s home country;
  • Explanation of how the training will benefit the trainee in pursuing a career outside the United States; and
  • The employer cannot employ visa holder except to the extent payment is linked to incidental and necessary training.
  • Limitations:

  • Applicants cannot extend their visa while in the US. BUT they can change their status.
  • No productive employment unless incidental and necessary training.
  • Family:

  • H-3 visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically not work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    J-1 Visa: Interns, Trainees

    This is a nonimmigrant visa intended for interns and trainees.

    Requirements to apply:

  • Trainees must either (a) have the equivalent of a bachelor’s degree and at least one year or prior work related experience but outside the US, or (b) five years of work experience outside the US or (c) five years of work experience outside the US in the field the applicant needs training.
  • Interns must either (a) be enrolled full-time and seeking a bachelor’s or professional degree or (b) graduated from an institution of higher education within 12 months of starting the training program.
  • Limitations:

  • Applicant cannot be employed in unskilled or casual labor, childcare, eldercare, patient care, or more than 20% of clerical work;
  • Cannot duplicate prior training or experience; and
  • Applicant can be barred for up to two years before becoming eligible for another US visa.
  • Visa is limited to one year.
  • Family:

  • Visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically not work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    L-1A / L-1B Visa: Trade Intra-company Transfer

    This is a nonimmigrant visa allows for dual intent

    Requirements to apply:

  • L-1A visas are limited to international executives or managers while
  • L-1B visas are limited to individuals with specialized or advanced knowledge of the company’s technology, procedures, processes, etc.
  • Limitations:

  • The applicant must have worked for the parent company, subsidiary, or affiliate abroad for a year in the last three years before the transfer;
  • L-1A visa holders can renew their visa for up to 7 years total;
  • L-1B visa holders can renew their visa for up to 5 years but can extend to 6 years if they change to an H-1B visa or 7 years if promoted to an executive position.
  • Family:

  • Visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    O Visa: Extraordinary Ability Visa

    This is a nonimmigrant visa that is limited to individuals with extraordinary ability in the arts, business, education, sciences, or athletics. Meeting this requirement required national or international acclaim.

    Requirements to apply:

  • Authorship of scholarly article(s);
  • Applicant has held a high salary;
  • Work within an organization with a distinguished reputation (e.g., the UN) and the work position is at an essential capacity;
  • Major contributions to the business, scientific, or scholarly fields;
  • Proof that the applicant has had his or her contributions judged by others in the same field;
  • Published in major trade or professional publications;
  • Group membership in organizations that recognizes outstanding achievements of its members; or
  • Recipient of national or international awards.
  • Limitations:

  • The visa is good for three years. It can be renewed but at one year increments indefinitely.
  • Must obtain a consultation letter with few exceptions.
  • Family:

  • Visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically not work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    TN Visa: Trade NAFTA Visa

    This is a nonimmigrant visa that is only applicable for Canadian or Mexican citizens

    Requirements to apply:

  • This is limited to occupations listed in the NAFTA Treaty, and
  • Most occupations require a bachelor’s degree.
  • Limitations:

  • Can only work for the US sponsoring employer (slightly different then an F-1 OPT visa);
  • Canadian nationals can either apply at the border or file the petition with the USCIS, and their visa is good for three years while
  • Mexican nationals can only apply at the US consulate and the visa is good for one year.
  • Non-immigrant intent is required (similar to an H1B1 visa).
  • Family:

  • TN visa holders can bring spouses and children (under the age of 21) to the US for the duration that the visa holder maintains his or her status. Spouses and children are typically not work eligible.
  • However, spouses and children can study at any education institute without having to apply for an F-1 visa.

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    Form 601A

    Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver under the Immigration and Nationality Act.

    Form 601A

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