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There are a number of different visas that an alien can apply for based on their individual circumstances. Some of the more common types and the documents needed for the applications are listed here:
B1 Visa: Business VisitorsThe B1 Visa is for temporary business visitors. This visa allows for a variety of business and economic activities in the U.S. Individuals eligible for this visa range from board members and athletes to musicians, entertainers and servants of non-immigrants. Although the B1 visa is available to business visitors, it is important to note that this visa does not allow employment in the United States, business visitors may attend meetings, conventions, conferences, or negotiations on behalf of a foreign employer. However, performing productive work in the U.S. is not allowed and receiving payment from a U.S. entity is also generally not allowed. The B2 is a tourist visa. This type of visa is suitable under the following conditions:
Visa Waiver Program (VWP) and Visa Waiver for Guam: Generally, same activities as B-1/B-2, with no visa requirement, but more limited periods of stay and opportunities for extension or change of status. The EB-1 classification is open to:
Aliens with extraordinary ability are defined by USCIS as individuals with "extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. The achievement must have been recognized in the field through extensive documentation." The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability. As an outstanding professor or researcher, you should be internationally recognized in your field. You should be coming to the U.S. to accept a tenure track or permanent position and should have at least three years experience in your academic field. If your employer is not a university or college, but a private institution/corporation, the employer must be able to show that it employs at least three other full-time researchers and that it has achieved accomplishments in an academic field. To be eligible as a manager or executive transferred to the United States, you must have been employed outside the U.S. as a manager or executive for at least one out of the past three years for a company affiliated with the U.S. The petitioning company must have been doing business with the U.S. for at least one year. EB-2 Visa
A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the U.S. Interested candidates must show that they hold the educational equivalent of a U.S. Master's Degree or have a Bachelor's Degree and five years of progressively responsible experience in the field. The EB-3 classification includes:
Skilled workers should have at least two years experience, either through hands-on or post-secondary education. Professionals should have either a U.S. bachelor's degree or a foreign equivalent.
Academic or language student, with substantial opportunities for extended stays, change of status, and ancillary work on and off campus. The student visa applicant must have available sufficient funds and outside financial support to ensure that he or she will not become a public charge or accept unauthorized employment. He or she must be proficient in English or receive training to make him or her proficient, intend to depart the United States at the conclusion of his or her studies, and be qualified to attend the particular institution. All F-1 students are given permission to be in the United States for "duration of status," that is for the period of time needed to complete the educational program plus 60 days. At the end of the course of study a period of work authorization may be requested for the purpose of gaining experience in the field of study, known as "practical training." If qualified, the student may also change non-immigrant status to a temporary non-immigrant work visa or adjust status to a permanent resident visa.
The J1 Visa is designed to provide educational and cultural exchange programs and to promote the sharing of individuals, knowledge, and skills in education, arts and sciences. This visa enables people to participate in exchange visitor programs in the United States.
The applicant must demonstrate that he or she has binding ties to a residence in a foreign country which he or she has no intention of abandoning and that the visit to the United States is temporary. A K1 or fiancée visa is a travel document that allows a foreign Fiancée of a U.S. Citizen to enter the United States for the sole purpose of getting married. Fiancée Visas are generally considered the quickest vehicle to legally bring a foreign fiancée to the U.S. with the intentions of marriage and immigration. U.S. Citizens who intend to marry a foreign national in the United States may file a Petition. The U.S. Citizen and foreign Fiancée must be free to marry. This means that they are both unmarried, or that any previous marriages have ended in divorce, death or annulment. The couple must also have met in person at least once within the last two years prior to the filing of the petition.
There are extraordinary and extremely limited circumstances in which fiancée visas have been issued to couples who have never met. For example, fiancée visas may be issued under rare instances where a couple has not met in person due to certain religious or other extreme hardship circumstances. The non-immigrant K3 Visa was created to reunite families that have been, or could be, subject to a long separation while their immigrant visa petitions are being processed by the U.S. Citizenship and Immigration Services (USCIS). The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition. Eligible applicants for the K3 Visa include spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition (I-130) has been filed with the USCIS and it is awaiting approval. An Extension of Stay Visa can extend nonimmigrant visa status for the following visas:
To see if you or a loved one qualifies for a visa, contact Tully Rinckey at (518) 218-7100 to set up an appointment with one of our attorneys. |
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