–Annie, a Client in EB-5 Investment Immigration (2024)
–Ms. Liu, a Client in Real Estate (2023)
–Mr. Zhang, a client in China Practice (2023)
A non-immigrant visa is the visa issued to persons with a permanent residence outside the U.S. but who wishes to be in the U.S. on a temporary basis (i.e. Tourism, medical treatment, business, temporary work, or study.)
Click on the non-immigrant Visa type below for more information:
F1 Visa Details
An F1 visa may be obtained for a student who wishes to pursue full-time academic studies in a college, university, seminar, conservatory, private academic high school, other academic institution, or language-training program. Tourists on a B2 visa may have difficulty changing their status to F1 in the US unless their visa has a “prospective student stamp.” A J1 visa holder who is subject to §212(E) may change their status from J1 to F1 but must apply from their home country or through a third country. An F2 visa may be obtained by an F1 visa holder’s spouse and minor children. An F2 visa holder may remain in the US as long as the F1 holder remains in legal status. An F2 visa holder may change his or her status in the US.
A F1 student may work 20 hours per week on campus. F1 students who suffer from economic hardship may secure off campus employment. An F2 visa holder may not accept employment. He or she must obtain a work visa. An F2 visa holder may engage in full or part time study. An F2 visa holder can change their status to F1 if they are engaged in full time study.
General Requirements
In order to qualify for F-1 or M-1 status, the alien must first apply to, and be accepted by, an academic institution in the United States authorized to enroll foreign students. The student must establish that he or she has the financial ability to pay for all costs associated with the education sought as well as meet the school’s academic requirements and show that he or she is sufficiently fluent in English.
Checklist of Supporting Documents
FAQ: How to acquire work authorization under F1 visa status?
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:
Besides, F-1 Student can apply for work permit under “economic hardship” waiver.
F2 Visa Details
The spouse and unmarried children under the age of 21 of an F-1 student are eligible for F-2 status, and may stay in the US as long as the primary student remains in legal F1 status.
Employment
A F2 visa holder may not work on-campus or off-campus.
Study
The spouse and unmarried children under the age of 21 of an F-1 student are eligible for F-2 status, and may stay in the US as long as the primary student remains in legal F1 status.
H1B Visa Details
An H1B visa is for workers who will perform in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
If the applicant has a college degree or work experience and the job requires a college degree, then the applicant should be able to obtain an H1B visa.
General requirements
An H1B classification may be granted to an alien who:
Checklist of Supporting Documents
FAQ: 1. What documents should I carry while coming back to the US, if I am travelling outside of the U.S.?
While entering back to the US, you should be able to prove that you have been maintaining H1B status before leaving the US and you are going to maintain H1B status after entering into the US. Please carry the following documents: 1) H1B approval notice from your current employer 2) Employment letter that mentions your vacation approval from your current employer 3) Recent pay stubs 4) Copy of last year income returns 4) contact details of your current employer.
FAQ: 2. How can I use the remaining years from a previously approved H1B?
Individuals who spent one year outside of the US and did not exhaust the entire six year term can CHOOSE to be re-admitted for the readmitted for the remainder of initial six-year period without being subject to the H1B cap. The reminder period of the initial six-year admission period refers to the full six-year period of admission minus the period of time that the alien previously spent in the US in valid H1B status.
H4 Visa Details
An H4 visa may be obtained by an H1B, H1C, H2A, H2B or H3 visa holder’s spouse and minor children. An H4 visa holder may remain in the US as long as the H visa holder remains in legal status. An H4 visa holder may change his or her status in the US.
Employment
An H4 visa holder may not accept employment. He or she must obtain a work visa.
Study
H4 visa holders may engage in full or part time study.
For whom is an H4 Visa appropriate?
Spouse and children of H visa holders who wish to visit or accompany the H visa holder to the United States.
What are the requirements for obtaining an H4 Visa?
The spouse and unmarried minor children of the beneficiary are entitled to H nonimmigrant classification, subject to the same period of admission and limitations as the beneficiary, if they are accompanying or following to join the beneficiary in the United States.
J1 Visa Details
The J1 visa is designated for educational and cultural exchange programs designated by the US Department of State and the Exchange Visitor Program and Designation Staff. The J1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences.
Some J1 visa holders are subject to INA §212(E) and will need to obtain a J1 Waiver before they can change their status to H1B, L1 or to adjust their status to permanent resident.
Spouses and children of J1 visa holders may enter and remain in the US in J2 status. J2 spouses may apply for a work permit. J2 spouses and children may attend school in the US.
General Requirements
A nonimmigrant exchange visitor and his or her accompanying spouse and minor children may be admitted into the United States in J1 and J2 classifications, if the exchange visitor and his or her accompanying spouse and children each presents a SEVIS Form DS-2019 issued in his or her own name by a program approved by the Department of State for participation by J-1 exchange visitors. Prior to August 1, 2003, if exigent circumstances are demonstrated, the Service will allow the dependent of an exchange visitor possessing a SEVIS Form DS-2019 to enter the United States using a copy of the exchange visitor’s SEVIS Form DS-2019. However, where the exchange visitor presents a properly completed Form DS-2019, Certificate of Eligibility for Exchange Visitor (J1) Status, which was issued to the J1 exchange visitor by a program approved by the Department of State for participation by exchange visitors and which remains valid for the admission of the exchange visitor, the accompanying spouse and children may be admitted on the basis of the J1’s non-SEVIS Form DS-2019.
Checklist of Supporting Documents
FAQ: Do I really need a sponsor for J1 Visa? Who qualifies as J1 Visa sponsor?
Everyone who would like to come to the US on J1 visa need sponsor. The US Department of State designates US government, academic and private sector entities to conduct educational and cultural exchange programs. Program sponsors are responsible for screening and selecting eligible foreign nationals for participation in their designated exchange visitor program, as well as supporting and monitoring exchange visitors during their stay in the US. The list of designated sponsors provided by the US Department of State lists the official locations of the sponsors. However, many of them can place participants anywhere in the US no matter where they are located.
What is J1 Waiver?
A J1 visa holder who is subject to INA §212(E) must either return to his or her home country upon expiration of the J1 visa or obtain a J1 waiver before he or she may change his or her status to H1B, L1 or adjust their status to permanent resident (green card). If the J1 visa holder cannot qualify for a waiver, he or she may obtain an F1 or O1 visa via third country processing without returning to his or her home country.
Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement, may apply for a J1 waiver of that requirement under any one of the five applicable grounds provided by the United States immigration law:
1. No Objection Statement
J1 visa holders may obtain a waiver of the two-year foreign residence requirement by obtaining a letter from their home government stating that there is no objection to the J1 visa holder remaining in the US without returning home for two years.
This option is available to all J1 visa holders subject to §212(e) except for medical doctors who came to the US for graduate medical training
The government processing time is roughly six to eight weeks.
2. Interested Government Agency (IGA)
J1 visa holders who wish to obtain a waiver through this method do not need to actually work for the government agency who will sponsor the waiver. To qualify for an IGA waiver, the J1 visa holder must have an important role in a research project where the J1 visa holder’s §212(e) requirement to return home for two years would negatively impact that project. Government Agencies who have an interest in seeing that you complete your research, may sponsor your waiver petition.
IGA waivers may also be obtained by medical doctors who will agree to work in VA Hospitals or other medical facilities located in designated underserved areas in urban or rural settings.
The government processing time is roughly four to eight weeks.
3. Persecution
J1 visa holders who believe that he or she will be persecuted upon return to their home country due to race, religion, or political opinion may obtain a waiver of the two-year foreign residence requirement.
The government processing time is roughly three to four months.
4. Hardship to J1 visa holder’s US Citizen spouse or child
J1 visa holders who can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, may obtain a waiver of the two-year foreign residence requirement.
The government processing time is roughly three to four months.
5. Request by a designated State Department of Health
Medical doctors who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for this type of waiver. Only medical doctors may apply for this type of waiver.
The government processing time is roughly four to six weeks.
J2 Visa Details
A J2 visa may be obtained by a J1 visa holder’s spouse and minor children. A J2 visa holder may remain in the US as long as the J1 visa holder remains in legal status. A J2 visa holder may change his or her status in the US.
Employment
A J2 visa holder may apply for a work permit.
Study
A J2 visa holder may engage in full or part time study.
General Requirements
Spouses and/or children under the age of 21 who wish to accompany or join the principal exchange visitor J1 visa holder in the United States for the duration of his/her stay require exchange visitor visas (derivative J visas). The application procedure is the same as that for a primary visa applicant. The sponsor must approve the accompaniment of the spouse and/or children and who will each be issued their own Form DS-2019.
K1 Visa Details
The K1 visa permits the K1 visa holder to enter the US for a 90-day period to marry the petitioner and apply for permanent residence (green card) and obtain a work permit. Once the visa is issued, the K1 visa holder has six months to enter the US for the purpose of marriage.
The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K3 visa.
Children of the K1 visa applicant may obtain a K2 visa to enter the US together.
General Requirements
US citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)’s unmarried children, who are under age 21, to the United States.
Checklist of Supporting Documents
K2 Visa Details
A K2 visa may be obtained by an K1 visa holder’s minor children. A K2 visa holder may enter the US with the K1 visa holder or enter at a later time.
General Requirements
A child of the K1 visa holder may be accorded the same nonimmigrant classification as the beneficiary if accompanying or following to join him or her.
L1 Visa Details
An L1 visa is for executives or employees with specialized skills of multinational companies who are being transferred from an office overseas to a US office. The visa may also be used by a manager or executive to open a new office in the US. The L1 visa is initially valid for three years and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1 visa.
Although the L1 visa was deigned for large multinational corporations, it may also be used by smaller companies.
A petitioner which meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:
Spouses and children of the L1 visa holder may obtain an L2 visa to enter and remain in the US. L2 Spouses may apply for a work permit. L2 spouses and children may attend school in the US.
General Requirements
An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.
Checklist of Supporting Documents
L2 Visa Details
An L2 visa may be obtained by an L1 visa holder’s spouse and minor children. An L2 visa holder may remain in the US as long as the L-1 visa holder remains in legal status. An L2 visa holder may change his or her status in the US.
Employment
An L2 visa holder may apply for a work permit.
Study
An L2 visa holder may engage in full or part time study.
General Requirements
The spouse and unmarried minor children of the beneficiary are entitled to L nonimmigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization.
O1 Visa Details
An O1 visa is designated for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The O1 visa is very helpful for artists, athletes, entertainers, high-end chefs, and business people lacking professional degrees. There is no prevailing wage requirement, the O1 visa may be extended indefinitely and there is no numerical limit to the number of O1 visas issued.
General Requirements
Scientists, educators, business persons and athletes who wish to qualify for the visa must show three of the following:
Artists and Entertainers (except TV or movie stars) who wish to qualify for the visa must show three of the following:
Artists and Entertainers in connection with TV or Movies who wish to qualify for the visa must show a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
Spouses and children of the O1 visa holder may obtain an O-3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
For whom is an O1 Visa appropriate?
Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a US. company
Checklist of Supporting Documents
O2 Visa Details
The O2 visa is designated for persons that accompany and assist an O1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O2 visas are not available for those who accompany or assist O1 visa holders in education, science, or business.
Spouses and children of the O2 visa holder may obtain an O3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
General Requirements
An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:
O3 Visa Details
An O3 visa may be obtained by an O1 or O2 visa holder’s spouse and minor children. An O3 visa holder may remain in the US as long as the O1 or O2 visa holder remains in legal status. An O3 visa holder may change his or her status in the US.
Employment
An O3 visa holder may not accept employment. He or she must obtain a work visa.
Study
An O3 visa holder may engage in full or part time study.
General Requirements
The spouse and unmarried minor children of the O1 or O2 alien beneficiary are entitled to O3 nonimmigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.
P1 Visa Details
The P1 visa is designated for entertainers, circus artists, and athletes who are coming to the US temporarily to perform at a specific competition or event. An athlete who wishes to remain in the US for a longer period of time should apply for an O1 visa.
Entertainers, circus artists, and athletes who wish to qualify for the visa must show two of the following:
Spouses and children of the P1 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
General Requirements
A P1 classification applies to an alien who is coming temporarily to the United States:
Checklist of Supporting Documents
P2 Visa Details
The P2 visa is designated for artists or entertainers individually or as part of a group entering the US temporarily as a part of an exchange program. There should be two organizations involved in this exchange program: one in the US and one abroad.
Artists and entertainers who wish to qualify for the visa must show the following:
Spouses and children of the P2 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
P3 Visa Details
The P3 visa is designated for teachers and coaches coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique
Teachers and coaches who wish to qualify for the visa must show the following:
Spouses and children of the P3 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
General Requirements
A P3 classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique.
P4 Visa Details
A P4 visa may be obtained by a P1, P2 or P3 visa holder’s spouse and minor children. A P4 visa holder may remain in the US as long as the P1, P2 or P3 visa holder remains in legal status. A P4 visa holder may change his or her status in the US.
Employment
A P4 visa holder may not accept employment. He or she must obtain a work visa.
Study
A P4 visa holder may engage in full or part time study.
General Requirements
The spouse and unmarried minor children of a P1, P2, or P3 alien beneficiary are entitled to P4 nonimmigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.
TN Visa Details
The TN visa is for Canadian and Mexican nationals employed in professional occupations, including teachers, medical professionals and scientists who wish to work in the US temporarily. The TN visa is valid for one year and may be extended indefinitely
Spouses and children of the TN visa holder may obtain a TD visa to enter and remain in the US. The TD visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
General Requirements
A citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA).
Checklist of Supporting Documents
TD Visa Details
A TD visa may be obtained by a TN visa holder’s spouse and minor children. A TD visa holder may remain in the US as long as the TN visa holder remains in legal status. A TD visa holder may change his or her status in the US.
Employment
A TD visa holder may not accept employment. He or she must obtain a work visa.
Study
A TD visa holder may engage in full time study.
General Requirements
The spouse or unmarried minor child of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be required to present a valid, unexpired nonimmigrant TD visa unless otherwise exempt and shall not accept employment in the United States unless otherwise authorized under the Act.
B1 Visa Details
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).
General Requirements
Any B1 visitor for business may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work d
Checklist of Supporting Documents
B2 Visa Details
A citizen of foreign national who wish to enter to the United States for tourism, pleasure or visiting
Checklist of Supporting Documents
E1 Visa Details
An E1 visa is for nationals from countries with which the US has a treaty of friendship, commerce, and navigation who are coming to the US to engage in substantial trade between the US and the alien’s country of nationality. The E1 visa employee must hold a supervisory or executive position or have skills which are essential to the successful operation of the enterprise. The E1 visa is initially valid for two years and may be extended indefinitely.
In order to qualify for an E1 visa, you must be a national of one of the following treaty countries:
Argentina
Australia
Austria
Belgium
Bolivia
Bosnia
Brunei
Canada
Colombia
Costa Rica
Croatia
Denmark
Estonia
Ethiopia
Finland
France
Germany
Greece
Honduras
Iran
Ireland
Israel
Italy
Japan
Korea (South)
Latvia
Liberia
Luxembourg
Macedonia
Mexico
Netherlands
Norway
Oman
Pakistan
Philippines
Slovenia
Spain
Suriname
Sweden
Switzerland
Thailand
Thailand
Togo
Turkey
United Kingdom
Spouses and children of E1 visa holders may enter and remain in the US in E1 status. E1 visa spouses may apply for work permit. E1 spouses and children may attend school in the US.
General Requirements
An alien, if otherwise admissible, may be classified as a nonimmigrant treaty trader (E1) if the alien:
Will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade; and
Intends to depart the United States upon the expiration or termination of treaty trader (E1) status.
Checklist of Supporting Documents
E2 Visa Details
The E2 visa is designed for aliens engaged in international investment between the United States and the aliens’ country of nationality. E2 visa holders must make a active and substantial investment as well as perform an essential role in the enterprise that results in the creation of job opportunities for US workers. There is no set amount an E2 visa holder must invest as it depends on the type of enterprise. The E2 visa is initially valid for two years and may be extended indefinitely.
In order to qualify for an E2 visa, you must be a national of one of the following treaty countries:
Albania
Argentina
Armenia
Austria
Bangladesh
Belgium
Bosnia
Bulgaria
Cameroon
Costa Rica
Canada
Colombia
Congo
Costa Rica
Croatia
Czech Republic
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Germany
Grenada
Georgia
Honduras
Iran
Ireland
Italy
Jamaica
Japan
Kazakhstan
Kyrgyzstan
Korea (South)
Latvia
Liberia
Luxembourg
Macedonia
Mexico
Moldova
Mongolia
Morocco
Norway
Oman
Pakistan
Panama
Philippines
Poland
Romania
Senegal
Slovakia
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Taiwan
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Ukraine
United Kingdom
Zaire
Spouses and children of E2 visa holders may enter and remain in the US in E2 status. E2 spouses may apply for work permit. E2 spouses and children may attend school in the US
General Requirements
E2 status is available when:
An alien, if otherwise admissible, may be classified as a nonimmigrant treaty trader (E1) if the alien:
E3 Visa Details
The E3 visa is specifically designed for Australian nationals s who will perform in a specialty occupation in the US. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
If the applicant has a college degree or work experience and the job requires a college degree, then the applicant should be able to obtain an E3 visa.
Spouses and children of E3 visa holders may enter and remain in the US in E3 dependent status.
General Requirements
To qualify for an E3 visa, an applicant must demonstrate:
M visas – Vocational students wishing to pursue non-academic or vocational studies in a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school or a school of nonacademic training other than language training.
General Requirements
To obtain a student visa, you must have: