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Nonimmigrant Visas Presentation by Caro Kinsella, Esq. Legal Professionals www.LegalProfessionals.us Ph. (954) 304-2243 Fx. (888) 312-9674.

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Presentation on theme: "Nonimmigrant Visas Presentation by Caro Kinsella, Esq. Legal Professionals www.LegalProfessionals.us Ph. (954) 304-2243 Fx. (888) 312-9674."— Presentation transcript:

1 Nonimmigrant Visas Presentation by Caro Kinsella, Esq. Legal Professionals Ph. (954) Fx. (888)

2 Phone: (954) Table of Contents 1. EB-5 Entrepreneur Investor Visa 2. B-2: Visitor Visa, Tourist 3. B-1: Visitor Visa, Business 4. H-1B: Specialty Occupation 5. H-3: Training 6. F-1: Student 7. M: Non-Academic Vocational 8. J-1: Exchange Visitor 9. K-1 / K-3: Fiancé(e) / Spouse of an USC 10. E-2: Treaty Investor 11. L-1A: Intracompany Transferee 12. O: Alien of Extraordinary Ability 13. I-140: Immigrant Petition for Alien Worker 14. Consulate – Consular Processing

3 Phone: (954) EB-5 ENTREPRENEUR INVESTOR VISA There are essentially two EB-5 programs: There are essentially two EB-5 programs: The Regular program and the Regional Center program. The Regular program and the Regional Center program. Regular Program-the following three basic requirements must be met: Regular Program-the following three basic requirements must be met: Investment in a new commercial enterprise Investment in a new commercial enterprise Investment of at least $1 million (or $500,000 in certain geographic area of targeted employment) into the business Investment of at least $1 million (or $500,000 in certain geographic area of targeted employment) into the business Creation of employment for at least 10 full-time U.S. workers Creation of employment for at least 10 full-time U.S. workers

4 Phone: (954) EB-5 Regional Center: Invest only $500,000 Invest only $500,000 No need to create jobs for 10 employees No need to create jobs for 10 employees You can be passive investor, don’t need to be active investor. Don’t need to be living in the same state as the Regional Center investment You can be passive investor, don’t need to be active investor. Don’t need to be living in the same state as the Regional Center investment

5 Phone: (954) EB-5 Process: File I-526 File I-526 File Adjustment of Status when I-526 approved, this gives you the Conditional Green Card File Adjustment of Status when I-526 approved, this gives you the Conditional Green Card File I-829 to remove the condition from the Green Card to give you the Permanent Green Card File I-829 to remove the condition from the Green Card to give you the Permanent Green Card Apply for U.S. Citizenship 5 years from the date you receive the Conditional Green Card Apply for U.S. Citizenship 5 years from the date you receive the Conditional Green Card

6 Phone: (954) EB-5 Advantages: Do not require sponsorship from either an employer or family member Do not require sponsorship from either an employer or family member Spouse and children under the age of 21 included; can seek employment and education Spouse and children under the age of 21 included; can seek employment and education No quota backlog for the Eb-5 category No quota backlog for the Eb-5 category

7 Phone: (954) B-2 Overview: For recreational activities incl. tourism, visiting friends/relatives, medical/health reasons For recreational activities incl. tourism, visiting friends/relatives, medical/health reasons Visa required unless eligible for visa waiver Visa required unless eligible for visa waiver Must be able to show intent to return, ties to home country Must be able to show intent to return, ties to home country Consulates have non-reviewable discretion to deny visa if doubts exist regarding immigrant intent Consulates have non-reviewable discretion to deny visa if doubts exist regarding immigrant intent Can apply for extension of status or change of status Can apply for extension of status or change of status

8 Phone: (954) B-1 Overview: Not for employment in the US Not for employment in the US Employment must be abroad Employment must be abroad Cannot get a salary from the US sources Cannot get a salary from the US sources Must show intent to return and ties to home country Must show intent to return and ties to home country

9 Phone: (954) H-1B Overview: Must hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university Must hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university It must be proven that the managerial position is a “specialty occupation” requiring the attainment of at least a bachelor’s degree. It must be proven that the managerial position is a “specialty occupation” requiring the attainment of at least a bachelor’s degree. A total of 6 years is given for this visa. Initially 3 years is obtained and an extension for another 3 is permitted. A total of 6 years is given for this visa. Initially 3 years is obtained and an extension for another 3 is permitted.

10 Phone: (954) H-1B Overview (cont): H1-B Advantages: Good for 3 years at a time, a total of 6 years Good for 3 years at a time, a total of 6 years Can apply for permanent residence through Labor Certification Can apply for permanent residence through Labor Certification Can change status in the U.S. Can change status in the U.S. Can transfer to other companies Can transfer to other companies Requires a minimum of a bachelor’s degree or its equivalent Requires a minimum of a bachelor’s degree or its equivalent

11 Phone: (954) H-1B Overview (cont): H1-B Disadvantages: Only good for up to 6 years Only good for up to 6 years Very sought after – USCIS has implemented a CAP of 60,000 each year Very sought after – USCIS has implemented a CAP of 60,000 each year Filing fees are expensive, and must be paid by the petitioner Filing fees are expensive, and must be paid by the petitioner First H-1B has to be stamped on passport in consulate abroad if you travel out of the country First H-1B has to be stamped on passport in consulate abroad if you travel out of the country Spouse and children cannot work Spouse and children cannot work

12 Phone: (954) H-3 Visa: Need a well structured training program Need a well structured training program Must have either classroom instruction or coursework Must have either classroom instruction or coursework Training must be unavailable in alien’s home country Training must be unavailable in alien’s home country Non immigrant intent required and ties with home country Non immigrant intent required and ties with home country Maximum 2 years Maximum 2 years If you stay in the US for the 2 years, then must remain outside the US for 6 months before changing status to L/H visa If you stay in the US for the 2 years, then must remain outside the US for 6 months before changing status to L/H visa

13 Phone: (954) F-1 Overview: Applicant has a foreign residence with no intention of abandoning it Applicant has a foreign residence with no intention of abandoning it Applicant is a bona fide student qualified to pursue a full course of study Applicant is a bona fide student qualified to pursue a full course of study Applicant seeks to enter the US as a student temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States Applicant seeks to enter the US as a student temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States Be proficient in English or will receive training to make her proficient Be proficient in English or will receive training to make her proficient Have sufficient academic credentials to attend a particular institution Have sufficient academic credentials to attend a particular institution All students will be admitted a maximum of 30 days before the program start date. All students will be admitted a maximum of 30 days before the program start date. A student is not required to apply for an extension of stay as long as he/she will maintain status and make normal progress toward completing the educational program. A student is not required to apply for an extension of stay as long as he/she will maintain status and make normal progress toward completing the educational program.

14 Phone: (954) M Overview: M-1 is non academic/vocational institutions M-1 is non academic/vocational institutions Same procedure as the F-1 visa Same procedure as the F-1 visa Must show acceptance at a school, possession of sufficient funds, nonimmigrant intent Must show acceptance at a school, possession of sufficient funds, nonimmigrant intent Not valid for online courses with no classroom participation Not valid for online courses with no classroom participation Can get one year extension up to 3 years maximum Can get one year extension up to 3 years maximum

15 Phone: (954) J-1 Overview: Must have degree and employment (for minimum 1 year outside U.S. OR employment for 5 years outside the U.S. – no longer can get a J-1 if degree/employment in the U.S. Must have degree and employment (for minimum 1 year outside U.S. OR employment for 5 years outside the U.S. – no longer can get a J-1 if degree/employment in the U.S. J-1 visa is Valid for 18 months. J-1 visa is Valid for 18 months. The minimum age is 21 years old at the commencement of the J-1 Training Program. The minimum age is 21 years old at the commencement of the J-1 Training Program. The Petitioner will provide training to the trainee, for the purposes of going back to their own country to further develop and utilize. The Petitioner will provide training to the trainee, for the purposes of going back to their own country to further develop and utilize. The trainees will return to their home countries and implement the newly acquired shills and knowledge. Therefore, international training candidates approaching the age of retirement are unlikely to receive the J-1 visa form the U.S. Consulate. The trainees will return to their home countries and implement the newly acquired shills and knowledge. Therefore, international training candidates approaching the age of retirement are unlikely to receive the J-1 visa form the U.S. Consulate.

16 Phone: (954) J-1 Overview (cont.): The Host Company is eligible if it: Has been in business at least24 months. Has been in business at least24 months. Will adequately remunerate the J-1 Exchange Visitor. Will adequately remunerate the J-1 Exchange Visitor. Has established a bona fide training program. Has established a bona fide training program. Will not engage the J-1 Exchange Visitor in ordinary employment. Will not engage the J-1 Exchange Visitor in ordinary employment. Have at least ten (10) employees and sufficient annual revenues to support an exchange visitor program. Have at least ten (10) employees and sufficient annual revenues to support an exchange visitor program. Note: companies with fewer than 25 employees or $3 million in annual revenue will need to be visited by AILF staff before an application can be accepted. Note: companies with fewer than 25 employees or $3 million in annual revenue will need to be visited by AILF staff before an application can be accepted.

17 Phone: (954) K-1 Overview: Alien fiancé(e) can enter the US to marry USC petitioner Alien fiancé(e) can enter the US to marry USC petitioner Must be bona fide marriage Must be bona fide marriage Must know the person for 2 years prior to filing petition Must know the person for 2 years prior to filing petition Unmarried minor children under 21 eligible for K-2 status Unmarried minor children under 21 eligible for K-2 status When beneficiary is admitted to US must marry within 90 days When beneficiary is admitted to US must marry within 90 days

18 Phone: (954) K-3 Overview: Spouse visa, already married Spouse visa, already married Valid for 2 years with multiple entries Valid for 2 years with multiple entries Cannot change or adjust status except through marriage to original petitioner Cannot change or adjust status except through marriage to original petitioner K-4 can adjust based on their relationship to the K-3 K-4 can adjust based on their relationship to the K-3

19 Phone: (954) E-2 Overview: This visa category is established by starting a business in the United States. The business needs to prove it is viable; it does not need to be a making a profit. You need to invest at least $35,000 into the business to get an approved E-2 visa This visa category is established by starting a business in the United States. The business needs to prove it is viable; it does not need to be a making a profit. You need to invest at least $35,000 into the business to get an approved E-2 visa The US Company you are seeking approval to gain the E-2 visa under, can be a brand new business, there are no constraints on how long it needs to be established for The US Company you are seeking approval to gain the E-2 visa under, can be a brand new business, there are no constraints on how long it needs to be established for Intent to depart the U.S. Investor’s statement is sufficient, don’t need to establish existing home abroad Intent to depart the U.S. Investor’s statement is sufficient, don’t need to establish existing home abroad You are able to get this visa indefinitely, by renewing every two (2) years You are able to get this visa indefinitely, by renewing every two (2) years

20 Phone: (954) E-2 Overview (cont): E-2 visa Advantages: Admission is for 2 years and can be renewed indefinitely – renewals are for between 2-5 years at a time, irrespective of their country of origin. Admission is for 2 years and can be renewed indefinitely – renewals are for between 2-5 years at a time, irrespective of their country of origin. If applicant is outside the U.S then the application is done at consulate abroad and is usually granted 5 years is initially, but is optional at the officer’s discretion. This is dependant on the application itself, the financial strength of the applicant and related matters. If applicant is outside the U.S then the application is done at consulate abroad and is usually granted 5 years is initially, but is optional at the officer’s discretion. This is dependant on the application itself, the financial strength of the applicant and related matters. Spouse of the E visa holder who enters the U.S. as E spouse can now obtain employment authorization Spouse of the E visa holder who enters the U.S. as E spouse can now obtain employment authorization Premium processing is available for this type of visa, thus ensuring an adjudication in fifteen days from receipt of the application Premium processing is available for this type of visa, thus ensuring an adjudication in fifteen days from receipt of the application

21 Phone: (954) E-2 Overview (cont): E-2 visa Disadvantages: Cannot adjust status under E-2 visa, therefore cannot obtain green card Cannot adjust status under E-2 visa, therefore cannot obtain green card Children of the E holder cannot work, but they can attend school Children of the E holder cannot work, but they can attend school Funds must be at risk Funds must be at risk Must leave the U.S. every two years to renew your visa, you can do this indefinitely however. Must leave the U.S. every two years to renew your visa, you can do this indefinitely however.

22 Phone: (954) L Overview: Temporary transfer of foreign nationals as Managers/Executives/Specialized knowledge skill, to the US to continue employment with an office of same employer, its parent, branch, subsidiary. Temporary transfer of foreign nationals as Managers/Executives/Specialized knowledge skill, to the US to continue employment with an office of same employer, its parent, branch, subsidiary. Must be qualifying relationship (control/ownership) between the Foreign Co & US Co. Must be qualifying relationship (control/ownership) between the Foreign Co & US Co. Managers/Executives – can lawfully remain in the US for 7yrs. Specialized Knowledge skill - can lawfully remain in the US for 5yr. Managers/Executives – can lawfully remain in the US for 7yrs. Specialized Knowledge skill - can lawfully remain in the US for 5yr. Once the max time is up – barred from US for 1yr. Once the max time is up – barred from US for 1yr. The office in the US can be brand new The office in the US can be brand new No labor cert for L visa. Can get your green card from this type of visa No labor cert for L visa. Can get your green card from this type of visa L2 = spouse/unmarried child U21yrs, can get their work authorization L2 = spouse/unmarried child U21yrs, can get their work authorization Employee must be employed with foreign Co. for continuous period of at least 1yr within the last 3yrs. Employee must be employed with foreign Co. for continuous period of at least 1yr within the last 3yrs.

23 Phone: (954) L Overview (cont): L-1 Advantages: Parent and subsidiary companies don’t have to be in the same business Parent and subsidiary companies don’t have to be in the same business No size limitation of company No size limitation of company No country limitation No country limitation Can be transferred from one US affiliate to another but must file new I-129 Can be transferred from one US affiliate to another but must file new I-129 Spouse children under 21, are permitted to obtain employment authorization Spouse children under 21, are permitted to obtain employment authorization Premium processing is available for this type of visa, thus ensuring an adjudication in fifteen days of receipt of the application Premium processing is available for this type of visa, thus ensuring an adjudication in fifteen days of receipt of the application Expeditious visa to obtain permanent residency Expeditious visa to obtain permanent residency

24 Phone: (954) L Overview (cont): L-1 Disadvantages: Must have employment relationship with US Co. Cannot transfer someone to work here without US business entity having control/salary. If US Company is less than one year old, it must show proof of physical premises. If the U.S. Company is less than one year under the L-1 visa it is regarded as a new office, this is also permissible under the L-1 visa. Must have employment relationship with US Co. Cannot transfer someone to work here without US business entity having control/salary. If US Company is less than one year old, it must show proof of physical premises. If the U.S. Company is less than one year under the L-1 visa it is regarded as a new office, this is also permissible under the L-1 visa. Both the US and foreign company must be active. The foreign entity must be in existence for 24 months and the key employee must have been employed for at least 1 year in the last 3 years in the foreign entity. The key personnel can come into the U.S. operation (providing always that there is a nexus between the US Corporation and the foreign entity). Both the US and foreign company must be active. The foreign entity must be in existence for 24 months and the key employee must have been employed for at least 1 year in the last 3 years in the foreign entity. The key personnel can come into the U.S. operation (providing always that there is a nexus between the US Corporation and the foreign entity). L classification is not created for self employment. Self employment is defined as where the entity is simply established for the employment of the applicant and not for the general requirements of the L visa. L classification is not created for self employment. Self employment is defined as where the entity is simply established for the employment of the applicant and not for the general requirements of the L visa.

25 Phone: (954) O Overview: "Extraordinary ability. An individual who is one of the small percentages of persons who have risen to the very top of his/her field". The alien must demonstrate "sustained national or international acclaim and/or recognition for achievements in his field. "Extraordinary ability. An individual who is one of the small percentages of persons who have risen to the very top of his/her field". The alien must demonstrate "sustained national or international acclaim and/or recognition for achievements in his field. Admission: Must be coming to the U.S. for a specific event or series of events Admission: Must be coming to the U.S. for a specific event or series of events Time Limit: There is no maximum time limit on O status, a person could acquire more than 6 years under O. If there are 6-10 events in a row, it is not a problem. Time Limit: There is no maximum time limit on O status, a person could acquire more than 6 years under O. If there are 6-10 events in a row, it is not a problem. The alien must be coming to U.S. to work in this field of endeavor that requires the services of the alien. Your sponsor’s cover letter should address this issue. The alien must be coming to U.S. to work in this field of endeavor that requires the services of the alien. Your sponsor’s cover letter should address this issue. O-3 is the derivative category for spouse and children of O aliens. The spouse and children of O-1’s are not eligible for Work Authorization. They may live and work in the U.S. as long as the O- 1 maintains his legal status. O-3 is the derivative category for spouse and children of O aliens. The spouse and children of O-1’s are not eligible for Work Authorization. They may live and work in the U.S. as long as the O- 1 maintains his legal status.

26 Phone: (954) I-140: Immigrant Petition for Alien Worker Use this form for each of the Employment based preference categories Use this form for each of the Employment based preference categories EB-1: Extraordinary Ability petition or Outstanding researcher. No need to file Labor Cert EB-1: Extraordinary Ability petition or Outstanding researcher. No need to file Labor Cert EB-2: EB-2: 1. MA + 2yrs work experience or BA + 5yrs work experience or, 2. Labor Certification for Exceptional Ability or, 3. National Interest Waiver EB-3: Job requires either 2 years work experience or Bachelors EB-3: Job requires either 2 years work experience or Bachelors

27 Phone: (954) Consular Processing We travel to US consulates worldwide to attend interviews with our clients, for their Immigrant and Non-Immigrant visas We travel to US consulates worldwide to attend interviews with our clients, for their Immigrant and Non-Immigrant visas We file applications for Immigrant and Non-Immigrant visas at various US consulates worldwide We file applications for Immigrant and Non-Immigrant visas at various US consulates worldwide We prepare and submit various waivers at US consulates worldwide We prepare and submit various waivers at US consulates worldwide


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