What Type of Visa is Right for You?

The K-1 Fiancee Visa is Suitable For:

• Fiance or Fiancee of US citizens to enter the U.S. and marry the U.S. citizen within 90 days
• U.S. citizens to bring their fiance or fiancee to the U.S.

Removal of Conditions is Suitable For:

Conditional permanent residents who obtained such status through marriage, to remove the conditions on their residence, including:

• Permanent residents who are still married to the same U.S. citizen or lawful permanent resident
• Widow or widower of a marriage that was entered into in good faith
• Permanent residents who entered into a marriage in good faith where the marriage was ended through divorce or annulment
• Permanent residents who entered into a marriage in good faith, but either the spouse or the child were battered or subjected to extreme hardship by the U.S. citizen or lawful permanent resident spouse

Green Card – Immediate Relatives of U.S. Citizens is Suitable For:

• Foreign nationals married to U.S. citizens
• Recent widows or widowers of U.S. citizens
• Unmarried children under the age of 21 who have at least one U.S. citizen parent
• Stepchildren of U.S. citizens, if the marriage creating the parent-child relationship took place before the child’s 18th birthday
• Stepparents of U.S. citizens, if the marriage creating the parent-child relationship took place before the U.S. citizen’s 18th birthday
• Parents of U.S. citizens, if the U.S. citizen is over the age of 21
• U.S. citizens to sponsor the Green Card application of their foreign spouse
• U.S. citizens to sponsor the Green Card application of their unmarried children under the age of 21
• U.S. citizens (age 21 or older) to sponsor the Green Card application of their parents
• Foreign nationals married to U.S. Permanent Residents (Green Card holders)
• Unmarried children (any age) of U.S. Permanent Residents (Green Card holders)
• Unmarried stepchildren of lawful permanent residents, if the marriage creating the stepchild relationship took place before the child’s 18th birthday
• U.S. Permanent Residents to sponsor the Green Card application of their foreign spouse or unmarried children (any age)

The E-1 Visa is Suitable For:

• Personnel including executives, managers and specialists of a treaty nation company operating in the U.S.
• Nationals of treaty countries seeking to enter the U.S. to carry out substantial trade
• Immediate family members of E-1 visa holders
• Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch
• Companies in treaty countries to send personnel to setup a U.S. company

Where the E-2 visa applicant is an employee rather than an investor that employee must be of the same Nationality of the investor OR Company/Enterprise that has majority ownership of the business/enterprise. The Employee can be a manager/supervisor or a worker with special skills making him or her essential to the running of the business.

• A supervisory position grants the employee ultimate control and responsibility for a large proportion of the enterprise’s operations or a major component of the enterprise. It does not involve the supervision of low-level employees. The supervisory element of the employee’s position must be a principal and primary function, and not an incidental or collateral function.
• The essential nature of an alien’s “special skills” is determined by assessing the degree of proven expertise of the alien in the area of specialization, the uniqueness of the specific skills, the length of experience and training with the firm, the period of training needed to perform the contemplated duties, and the salary the special expertise commands.
• Unlike the H1B, there is no quota on the number of employees permitted.
• The E-2 employee visa can be filed directly at the Consulate of the Home Country of the applicant without the prior approval of the USCIS or can be filed as a change of status if the applicant is in the United Sates.
• The E-2 visa can be approved in a matter of a few weeks if the applicant is filing under premium processing in the United States.
• The Spouse of the E-2 Investor is eligible for an Employment Authorization Document (Work Permit) allowing the spouse the ability to work legally in the United States at any legal job.
• The E-2 visa must be extended every Five (5) years however there is NO limit in extensions and an applicant may remain in E-2 visa for an indefinite time, as long as the investment enterprise is ongoing.

Countries with Treaties for E-2 Visas:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia Montenegra, Senegal, Singapore, Slovak Republc, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

The E-3 Visa:

The E-3 visa is a United States visa for which only citizens of Australia are eligible[1]. It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005.

The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), and that the E-3 visa is renewable indefinitely (in two-year increments). Australian citizens applying for an E-3 visa are also no longer subject to the 65,000 annual visa limit for H-1B visas; although there is a separate annual quota of 10,500 E-3 visas, this is believed to be much more generous to Australians than requiring them to compete with all other nations for H-1B visas. Visas issued to spouses and children are not included in the E3 quota and spouses and children do not need to be Australian citizens.

E-3 visas are non-immigrant visas. Accordingly, E-3 visa holders must prove their intent to return to Australia when the E-3 job is finished. This is significantly different from an H-1B visa, which is also a non-immigrant visa, but allows dual intent. Thus, although an H-1B visa holder may apply for permanent residency (a green card) while working on an H-1B visa, an E-3 visa holder may not. However, an E-3 visa holder may apply for permanent residency under an alternative category, for example if their spouse is an American citizen. Also, E-3 visas may be renewed indefinitely (in theory) whereas any one H-1B visa is valid only up to six years (unless the H-1B holder begins the green card process in which case the H-1B is extended during the time the green card application is pending).

The regulations for applying for an E-3 visa were published in the United States Federal Register on September 2, 2005. Following these procedures will allow an Australian citizen to apply for an E-3 visa at a US embassy or consulate.

Similar to an H-1B visa, the prospective employer of the E-3 visa holder will first apply for a “Labor Condition Application” (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is granted, the Australian citizen will then apply for the actual visa at a US consulate and then enter the US. Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program.

The H-1B Visa is Suitable For:

• Foreign professionals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or equivalent degree
• Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. department of defense
• Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations
• Distinguished fashion models

• U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills

H-3 Visa is Suitable For:

• Foreign nationals to receive training which is not available in their country
• Foreign nationals as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities
• Multinational companies to send their foreign employees to the U.S. for on-the-job training

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file a form to seek a waiver of certain grounds of inadmissibility.

WHO MAY FILE?

1. An immigrant visa applicant;
2. Any applicant for adjustment of status;
3. A K-1 or K-2 nonimmigrant visa applicant;
4. A K-3, K-4, or V nonimmigrant visa applicant;
5. A Temporary Protected Status (TPS) applicant;
6. A Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant;
7. A Haitian Refugee Immigrant Fairness Act (HRIFA) applicant;
8. A Violence Against Women Act (VAWA) self-petitioner who is inadmissible to the United States pursuant to the Immigration Nationality Act (INA) section 212 and who seeks a waiver of the following grounds of inadmissibility:

• Health-related grounds
• Certain criminal grounds
• Immigrant Membership in Totalitarian Party
• Immigration fraud or misrepresentation except that a waiver under INA section 212(i) is not available, if you are inadmissible based on a false claim to be a U.S. citizen and if you made your false claim on or after September 30, 1996;
• Smugglers and Being Subject of Civil Penalty
• The Three-year or Ten-year bar;
• Certain ground of inadmissibility, if filed by an applicant for TPS;
• INA section 212(a)(9)(A)(Aliens Previously Removed) and (9)(C)(Unlawfully Present After Previous Immigration Violations), if filed by a NACARA or HRIFA adjustment applicant;
• INA section 212(a)(9)(C)(Unlawfully Present After Previous Immigration Violations) for a VAWA self-petitioner.

NOTE: Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases, if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you otherwise lose your legal permanent resident status. If you obtained the waiver in connection with an application for lawful permanent residence on a conditional basis pursuant to section 216 of the Act, the validity of the waiver automatically ceases with the termination of such residence; no separate notification of termination of the waiver is needed, and the termination of the waiver cannot be appealed. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again. Also, a waiver granted in relation to a TPS application is only valid for the TPS application

The J-1 Visa is Suitable For:

• Foreign medical graduates or physicians to pursue graduate medical education or training at accredited schools of medicine or scientific institutions
• Foreign students participating in exchange programs to promote the sharing of knowledge and skills in education, arts and sciences
• Research scholars to teach, conduct research, observe, or consult on research projects
• Au Pairs to live with an American host family
• Foreign nationals to pursue business and industrial training programs in the U.S.
• Professors to teach, lecture, conduct research, or consult at educational institutions, museums, libraries, or similar institutions in the U.S.
• Employees of International Communication agencies
• Research assistants sponsored by the national institute of health
• Foreign nationals to serve as counselors in U.S. summer camps
• Foreign nationals to obtain further academic qualifications or gain practical experience/training in a specific area of knowledge or expertise
• Foreign nationals who are recognized as potential leaders or experts to engage in observation tours, discussions, consultation, professional meetings, and training
• U.S. organizations authorized by the Department of State (DOS) to sponsor foreign nationals for training

L-1 visas are for those persons who:

• have worked outside the United States for one continuous year within the proceeding three years on a full time basis
• have worked for a “qualifying organization” outside the United States as an executive, manager or in a “specialized knowledge”
• are being transferred to the United States on to work for a subsidiary, branch or affiliate business in the United States.

L-1A visas are issued for employees working in an executive or managerial capacity whereas L-1B visas are those persons with specialized knowledge.

What is an Executive?

Executives are defined as persons who:

1. direct the management of an organization or major component or function of an organization;
2. establish goals and policies of the organization, component or function;
3. exercise wide latitude in discretionary decision-making; and
4. receive only general supervision or direction from higher level executives, the directors or
   shareholders of the organization.

What is a manager?

Managers are defined as employees who:

1. manage an organization or a department, function, or component of such organization;
2. supervise and control the work of supervisory, professional or other managerial employees;
3. have the authority to hire and fire those persons supervised. If no other employees are supervised, the manager must function at a senior level in the organization;
4. exercise discretion over the daily operations of the activity or function for which the employee has authority.

What is “specialized knowledge”?

Specialized knowledge is defined as:

“Special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.”

Duration of L-1A and L-1B Visas

L-1A visas (managers or executives) are valid for a total period of seven years from the date of issuance. This visa may be extended if one resides in and commutes from Canada or Mexico to the United States for employment.

L-1B visas (specialized knowledge workers) are valid for a total period of five years. Again, if one is a commuter, this period may be extended.

Eligible L-1 Businesses

L-1 visas are available to employees working for companies outside the United States that have BRANCHES, SUBSIDIARIES, AFFILIATES OR JOINT VENTURE PARTNERS in the United States.

Each type of business relationship is precisely defined by the INS and legal advice is required to determine whether the business relationship complies with the INS definition

It is also important to note that the foreign business outside the U.S. must continue to operate during the L-1 transfer to the United States. This means that while the foreign worker is in the United States pursuant to the L-1 visa, the business outside the United States must be ongoing. The foreign business outside the United States should therefore retain at least one employee abroad during the duration of the L-1 visa status.

Getting a Green Card from an L-1A

Persons holding or persons who are eligible for a L-1A visa as an Executive or Manager may qualify for an employment based green card. In addition, you also can apply for a green card without having to undergo the rigorous process of Labor Certification which involves proving that
there are no U.S. workers who can fill the position offered by the U.S employer.

L-1 Visas for Canadians

Canadians have the benefit through NAFTA, of applying for L-1 visas at a U.S/Canadian port of entry rather than having to petition to an INS Service Center. This means that the Canadian employee can take all his or her documentation to a U.S. boarder and obtain his visa on the spot!

The L-1 Visa is Suitable For:

• Foreign national executives being transferred to the U.S. to manage an organization or a
  major function or division of an organization
• Foreign national managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision
• Specialized Knowledge employees of companies outside U.S. that have related U.S.
  branches, subsidiaries, affiliates or joint venture partners
• Employees and partners of international accounting firms
• Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.
• Multinational companies to transfer foreign national managers to supervise work of other
  supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.
• Multinational companies to transfer employees with specialized knowledge such as, its
  products, research methods and marketing techniques.

The P-1 Visa is Suitable For:

• Internationally recognized athletes or athletic teams entering the U.S. to participate in an event of international standing
• Entertainers and entertainment companies recognized internationally as outstanding to tour the U.S. or participate in events
• Distinguished circus artists who wish to work in the U.S.
• Support personnel of P-1 and P-2 visa holders
• U.S. agents and companies to bring athletes, athletic teams and their support personnel to participate in events of international standing
• U.S. agents and companies to bring in entertainers and entertainment companies recognized internationally as outstanding to tour the U.S. or participate in events

The R-1 Visa is Suitable For:

• Members of religious group or community having a bona fide nonprofit, religious organization in the U.S.
• Foreign nationals coming to the U.S. to work solely as the minister of a religious group or community
• Nonprofit religious organizations in the U.S. to employ foreign religious workers to work in religious vocations such as liturgical workers, religious instructors or cantors, catechists, missionaries, religious translators, or religious broadcasters.

The TN Visa – Canada is Suitable For:

• Canadian citizens with a bachelors degree and a job offer from a U.S. company
• Canadian citizens in specialized occupations, such as scientists, engineers, programmers, research assistants, management consultants, social workers, and accountants
• Canadian medical and allied personnel including dentists, dietitians, laboratory technologists, nutritionist, pharmacist, physical therapist, psychologist, registered nurses and veterinarians
• Canadian companies to transfer employees to their U.S. parent, branch, subsidiary or affiliate without the 1 year foreign employment requirement in the case of L-1 visa
• U.S. companies to bring in qualified Canadian professionals for jobs that require a bachelors degree and specialized skills