ALL VISA TYPES

 

We can help you in obtaining a visa which permits you to travel to, enter and even remain in the United States depending on your individual circumstances and goals.

Whether you are looking to visit the United States for pleasure, business, work or study, Attorney Alka can assist you with the preparation and submission of all the required forms with US Citizenship and Immigration Services.

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We will evaluate your specific situation (or that of your relative, friend or potential employee), and provide a comprehensive analysis of the visa options available. We can guide you on which visa would best suit your needs, and provide you with a realistic timeline and estimate of costs.

If your plans or circumstances change during your stay in the U.S., and you would like to extend your stay in the United States we can also assist you with an application to extend or change status which would ensure that you maintain lawful status during your stay in the United States.

Some common visa types are:

  • H-1B visa: It is the most sought after work visa. It is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years.

Before the employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.

  • Employers first must attest, on a labor condition application (LCA) certified by the Department of Labor (DOL), that employment of the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

  • Employers must also provide existing workers with notice of their intention to hire an H-1B worker.

Beginning in 2020, USCIS changed to a registration process for visa numbers available in FY 2021 (beginning October 1, 2020). The purpose of this new process is to reduce the burden on U.S. employers and the agency from requiring employers to submit H-1B petitions and supporting documentation prior to knowing whether a visa number will be available. Under the new system, only those who are selected in the initial registration process will be required to submit complete H-1B petitions and supporting documentation.

  • L-1 visa: The L-1 visa is awarded by the United States Citizenship and Immigration Services (USCIS) to enable multinational companies to temporarily send executives, managers and specialized knowledge employees to their office or affiliate in the U.S. It is the foreign company that makes the petition with the USCIS, not the individual applicant. It is required that-

    1. A qualifying relationship must exist between the multinational company making the L-1 visa petition and the U.S. company where the L-1 employee will work. This qualifying relationship can be in the form of a parent company, sister, subsidiary or affiliate.

    2. The multinational company must currently be doing business as an employer in the United States and in at least one other country for as long as the L-1 beneficiary’s stay in the U.S.

      These companies can also use the L-1 visa to send their workers into the U.S. to establish a new branch or office in the country.

    The L-1 visa comes with a number of advantages, including:

    • “Dual intent” for green card applications

    • No annual limit on visa issuance per fiscal year

    • No educational requirements

    • The possibility for blanket petitions

    • No Labor Condition Application requirement

    Additionally, spouses and young unmarried children of L-1 visa holders can enter the U.S. on an L-2 visa. This visa enables these spouses and children to obtain a work permit and enroll in schools in the U.S.

    If you are planning a brief visit to the U.S. for business or tourism, you might need to apply for a visitor or a transit visa. To determine if you need a visa, you should check to see if your country participates in the U.S. Visa Waiver Program (VWP). If you don't see your country listed, you will need a nonimmigrant visa to visit the U.S.

Most common visas used for business, tourism and students are:

  • B-1 visa for business travelers to consult with business associates, attend a conference, settle an estate, or negotiate a contract.

  • B-2 visa is for tourists on vacation and people coming for medical treatment, a social event, or participation in amateur contests for no pay.

  • Transit C visas are for foreign nationals traveling through the U.S. to another country and stopping briefly in the U.S. as part of their travel to the next foreign destination.

  • F-1 visa classification is for a full-time international student pursuing academic studies.

  • M-1 visa classification is for a full-time international student pursuing vocational studies.

  • J-1 visa classification is also known as the exchange visitor program (EVP) and is for foreign nationals approved to take part in work or study-based exchange programs. Examples include visiting scholar, camp counselor, or research assistant.

Visas and Green cards for victims of crime in the United States:

  • U visa: is a nonimmigrant visa set aside for victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The qualifying crime should have occurred in the United States.  There is no requirement that the abuser should be a US citizen or permanent resident.

    If you are approved for U visa status, you may be eligible to apply for a Green Card (adjustment of status/permanent residence) if you have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and you have not unreasonably refused to provide assistance to law enforcement since you received your U visa.

  • VAWA: Victims of domestic violence and abuse from an immediate family member who is a US Citizen or lawful permanent resident are eligible to file a petition under the Federal Violence Against Women Act. If you are a victim of battery or extreme cruelty committed by:

    ·       A U.S. citizen spouse or former spouse;

    ·       A U.S. citizen parent;

    ·       A U.S. citizen son or daughter;

    ·       A lawful permanent resident (LPR) spouse or former spouse; or

    ·       An LPR parent.

    You may self-petition for permanent residency and immigration benefits under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s help or knowledge.

    A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident and get a work permit while your application is being processed.