Non-immigrant Visas for anyone who wants to temporarily come to the United States to visit, work, or invest.
• When would you use this type of Visa?
When you are coming to the United States as a visitor for a short period of time. There are two types of B visas: B-1 Visitor for Business and B-2 Visitor for Pleasure.
• How do I obtain one of these visas?
You request the visa from the United States Consulate in your country of residence. Depending on each country’s reciprocity schedule, these visas may be granted for up to 10 years, however, periods of authorized stay in the United States are usually only 6 months or less. Business visitors are usually only admitted for the duration of business.
• How long may I stay in this country with this type of visa?
You may only stay as long as the Officer at the port of entry determines is reasonable. You are able to request an extension only if you have a legitimate reason for the extension of stay.
• When would you use this type of visa?
Allows you to enter the United States as a visitor without first obtaining a B visa. You may utilize this type of visa if your country of citizenship is one of the qualifying countries. To see a list of the qualifying countries click here
• How long may I stay in the United States with this type of visa?
You may stay in the United States for a period of 90 days without having to apply for a visa. You may not request an extension of stay or change your visa status with this type of visa, therefore, you should be aware of the period and reason for your visit.
When would I use an E visa?
If you are looking to do business in the United States, but are not necessarily interested in becoming a lawful permanent resident, the E-1 Treaty Trader Visa or E-2 Treaty Investor Visa may meet your needs. These visas allow you to come to the United States to start a new business, purchase an existing business, bring your foreign business to the U.S., or conduct trade on behalf of a foreign country.
The process for obtaining an E-1 or E-2 visa can be challenging, but our team at Szew Law Group can provide the sophisticated legal guidance you need to achieve your objectives. Our immigration E visa lawyer has over 20 years of experience and a complete understanding of the U.S. immigration system. After reviewing your circumstances and goals, we can help you strategically prepare your application and fervently advocate for you throughout the process. We know how to effectively communicate with United States Citizenship and Immigration Services (USCIS) and will utilize the full extent of our resources to secure a successful result.
Our firm is ready to assist you with applying for an E-2 along with all other types of non-immigrant visas. Contact us online to request an initial consultation.
How do I obtain an E visa?
The E-1 and E-2 visas each have their own set of eligibility requirements. To qualify for either E visa, you will need to be a national of a country that maintains a qualifying trade treaty with the United States.
If you would like to obtain an E-1 visa, at least 51% of the trade you intend to facilitate via your company must be between your treaty country and the United States. E-1 visas can also be issued to executives, managers, and employees with specialized knowledge who work to support a U.S. branch of a company that meets this trade requirement.
E-2 visas require you to make a qualifying investment in a U.S.-based commercial enterprise. While there is no defined investment minimum, you will in most cases need to put at least $100,000 at risk. You must come to the United States to support your investment, and you must maintain at least 50% ownership or managerial control in the commercial enterprise. Our E visa attorney can advise whether your planned investment is likely to qualify.
Though the E-2 visa does involve investment, it is distinct from the EB-5 Immigrant Investor Program. You should consider investment-based immigration if you are interested in obtaining a green card and eventually becoming a U.S. citizen.
Don’t miss reading – E investment Visas – The Rolls Royce of Visas.
How long may I stay in the United States with an E visa?
In most cases, E-1 and E-2 visas are issued up to 5 years depending on the treaty the United States has with your country of nationality. However, upon entry into the United States you will only be issued a 2 year stay for each entry. Both visas can be renewed an unlimited number of times, meaning they can facilitate indefinite stays in the United States. Your spouse and dependent children will also be able to come with you to the country, and your spouse will be allowed to work immediately upon entry.
Keep in mind that you must continue to meet all visa requirements in order to secure a renewal. You will only be able to work for the company facilitating trade (for E-1 visa holders) or the company you invested in (for E-2 visa holders).
Our E visa lawyer knows how USCIS adjudicates E-1 and E-2 applications, and our team at Szew Law Group is ready to offer the tailored assistance you need to succeed. We also assist with E visa renewals and can work to extend your stay in the United States.
If you have additional questions about E-1 visa or E-2 visa eligibility requirements, do not hesitate to call or contact us online.
When would I use an F visa?
If you would like to study in the United States and at the same time become acquainted with American culture.
How do I obtain an F visa?
Students may petition for this type of visa once they have been admitted to an educational institution in the United States.
How long may I stay in the United States with an F visa?
Students are admitted for the duration of their studies. Currently, there are very strict rules regarding F visas. Severe restrictions apply to persons who violate the F visa status. Be aware that if you enter and intend to change your status to a student you must have the officer upon entry notate it on the I-94 card.
• When would you use this type of visa?
If you are planning to temporarily work in the United States and have a job offer. There are different types of H visas. One of the most popular is the H1B visa. This type of visa requires that you have a bachelor’s degree or its equivalent.
• How do I obtain one of these types of visas?
It is necessary to first find an employer in the United States who is willing to sponsor your visa. After you have obtained a sponsor you must obtain a labor condition attestation form the Department of Labor prior to filing any petitions with the USCIS. This is to ensure that the wages and working conditions do not undermine those of United States workers. Secondly, you file a petition with the USCIS requesting issuance of an H visa. Your spouse and children are also able to enter on this type of visa as dependents, but are not allowed to work.
• How long may I stay in the United States with this type of visa?
Approval may be granted for up to three years and the visa may be extended for a total of up to six years.
• When would I use this type of visa?
Useful for individuals who want to come to the United States temporarily who do not have university degrees and receive an offer for training.
• How do I obtain one of these types of visas?
The J-1 Exchange Visitor Program is aimed at promoting cultural exchange. This visa may be an option for students, researchers, specialists, visiting faculty, medical and industrial trainees. The J visa also in some cases may permit employment. Another advantage is that spouses may also obtain discretionary employment authorization.
• How long may I stay in the United States with this type of visa?
This visa may be granted for up to an 18 month period and has exemptions form certain taxes.
• When would I use this type of visa?
Used by individuals who are married to United States Citizens, but are resident outside the United States or individuals engaged to be married to a United States Citizen and want to enter the United States to marry the United States Citizen.
• How do I obtain one of these types of visas?
The United States Citizen spouse or fiancée must petition for the foreigner to come to the United States. Once the petition has been approved in the United States then the individual outside the United States must arrange with the consulate to obtain the non immigrant visa.
• How long may I stay in the United States with this type of visa?
If you enter as a fiancée you must marry the United States Citizen within 90 days of entry into the United States subsequently you can adjust your status to a permanent resident. If you want to enter as a spouse of a United States citizen then you can enter and exit freely.
• When would I use this type of visa?
Used by individuals who are married to United States Citizens, but are resident outside the United States or individuals engaged to be married to a United States Citizen and want to enter the United States to marry the United States Citizen.
• How do I obtain one of these types of visas?
The United States Citizen spouse or fiancée must petition for the foreigner to come to the United States. Once the petition has been approved in the United States then the individual outside the United States must arrange with the consulate to obtain the non immigrant visa.
• How long may I stay in the United States with this type of visa?
If you enter as a fiancée you must marry the United States Citizen within 90 days of entry into the United States subsequently you can adjust your status to a permanent resident. If you want to enter as a spouse of a United States citizen then you can enter and exit freely.
• When would I use this type of visa?
Used for individuals who are of extraordinary ability in the arts, business, education, science or athletics and want to come to the United States temporarily in the capacity of one of the listed abilities to work.
• How do I obtain one of these types of visas?
First you must consult with the relevant U.S. labor union, peer and management organizations. These organizations must provide advisory opinions as to whether the applicant shows “extraordinary ability” or “extraordinary achievement” in the field, and whether the position they are coming for requires such high qualifications. Once this is completed a petition is filed with the USCIS.
• How long may I stay in the United States with this type of visa?
O visas may be granted for up to three years, depending on the period of the event, but may be extended indefinitely. P visas are limited to the period of the event not to exceed one year.
• When would I use this type of visa?
Used for individuals who are of extraordinary ability in the arts, business, education, science or athletics and want to come to the United States temporarily in the capacity of one of the listed abilities to work.
• How do I obtain one of these types of visas?
First you must consult with the relevant U.S. labor union, peer and management organizations. These organizations must provide advisory opinions as to whether the applicant shows “extraordinary ability” or “extraordinary achievement” in the field, and whether the position they are coming for requires such high qualifications. Once this is completed a petition is filed with the USCIS.
• How long may I stay in the United States with this type of visa?
O visas may be granted for up to three years, depending on the period of the event, but may be extended indefinitely. P visas are limited to the period of the event not to exceed one year.
• When would I use this type of visa?
If you are a person affiliated with Internal Revenue Service-recognized tax exempt religious organizations and they allow you to obtain a work visa.
• How do I obtain one of these types of visas?
Need to file a petition with the USCIS requesting issuance of this type of visa. The applicant must have been a member of the religious denomination. Also, the applicant must be seeking to enter the United States solely to work for the organization.
• When would I use this type of visa?
If you are either from Mexico or Canada and are seeking admission into the United States to work. You must have a bachelor’s degree or the equivalent and the position must qualify. This visa was established under the North American Free Trade Agreement (NAFTA) that was established between the United States, Mexico and Canada.
• How do I obtain one of these types of visas?
Canadian nationals may enter the United States by showing documentation at the port of entry that they are engaged in the qualifying professions and that they have the required level of education in the area they intend to work. Mexican nationals must apply for the TN non immigrant visa at the U.S. consulate.
• How long may I stay in the United States with this type of visa?
The TN visa is issued in one year increments with no limit on the total number of years given. If you are Canadian or Mexican and have run out of time under the H1B or L visa you can immediately qualify for a TN visa.
