Non-Immigrant Visa

Removal Defense
September 26, 2017
Other Legal Claims
September 26, 2017
e visa K visa application non-immigrant visas investor visa L1-b adjudications

Do I Qualify for a Non-Immigrant Visa?

USA-Visa StatsAttorney Ahmad Yakzan has successfully represented numerous individuals in their non-immigrant visa petitions. Attorney Yakzan has represented individuals applying for visitor status, investment visas, or employment visas. Our non-immigrant visa services included, but are not limited to:

B Visas: The B status allows an individual to come to the Unite States for business (B1) or pleasure (B2). This is the most used visa for individuals to come to the United States to visit for tourism, or to conduct business affairs in the United States. Usually individuals use this visa to come to the United States seeking change of status into another visa classification. Just like any other non-immigrant visa petition, the applicant must show that he or she does not have an intent to abandon her foreign residence, i.e. does not intend to remain the United States indefinitely. This status is given for six months, with the possibility of extension, depending on the circumstances. We would be more than happy to discuss your options and assist you in applying for such status, just call us.

E Visas: These visas are treaty based, meaning that such status would be granted only if you are a citizen of certain countries. The E1 visa status is given to individuals who have worked in international trade for one of the past three years. The requirements vary depending on the treaty between the United States and the country of citizenship. The E2 visas is given for a citizen of the treaty country who invests in a new business in the United States. The amount of investment depends on the type of business in which the investor is investing. Unlike the L status, the E visas does not require an affiliate business overseas. Attorney Ahmad Yakzan, through his auxiliary services would help interested investors procure all required documents for a successful petition. Call us today to discuss the best options for your investment in the United States.

H-1B Visas: These visas are usually utilized by employers to employ foreign nationals to occupy a “specialty occupation”. A “specialty occupation” is an occupation that requires a Bachelor’s degree. In other words, depending on the Department of Labor’s guidelines, the job must require such degree or its equivalent. This requirement could also be met by a combination of work history and a lower degree or through equivalent work experience. There are a limited number of visas available on April 1st of every year. This number is limited to 65,000 visas to holders of Bachelor degrees and an additional cap exempt of 20,000 visas to holder of higher degrees (MA or higher). Recently, visa petitions have increased, leading to a lottery system to grant these visas. A foreign national who is granted this status could begin employment in the specialty occupation on October 1st of the year. The visa is limited to 6 years with the ability to apply for permanent residence once certain requirements are met. Call us to discuss options for your foreign national employee.

K Visas: These visas are usually utilized by United States citizens to bring their spouses or fiancés to the United States for faster processing for permanent residence or with the intent to marry their fiancé within 90 days of their entry into the United States. This visa is thought of as a faster alternative to consular processing of immigrant visas, but recently, the time for the process has become the same as the time for consular processing. In the case of a foreign national fiancé, the petitioner must show that he or she has the intent to marry his fiancé before the expiration of the visa. This visa also limits a subsequent adjustment of status to petitions by the original K petitioner. In other words the beneficiary of K status cannot adjust status through a subsequent marriage, and must depart the United States for his or her status to be adjusted.

L Visas: These visas are used by companies to transfer employees from an overseas affiliate to an affiliate company in the United States. There are two types of visas, L-1A (international manager or executive) or L-1B (an employee with specialized or advanced knowledge). L-1A visas are reserved to those individuals who oversee others in their day to day work. This visa is reserved to mid-management level employees who will come and occupy a job of executive capacity in the United States , and such must be proven for United States Citizenship & Immigration Services approval of the petition. L-1A beneficiaries may apply for lawful permanent residence, once certain requirements are met, under the first preference for employment petitions. The L-1A visa is for seven years, but only given for one or two years at a time.

L-1B visas are reserved for individuals with “specialized or advanced knowledge” in a certain company’s procedures, mechanisms, or products. This visa is ideal for individuals who possess such knowledge to be transferred to an affiliate or subsidiary in the United States for expansion of its product lines into the United States. The specialized or advanced knowledge must be tightly held in a limited number of employees in the company and does not have to be exclusive to the company. This visa is limited to five years in duration. This visa does not allow for permanent residence under the first preference, but such permanent residence might be possible under other avenues. Dependents of L visa status are granted L2 status, which allows employment after the necessary paperwork is granted by United States Citizenship & Immigration Services.

This list of services is not exclusive and we would be more than happy to accommodate you in any way we can. Call us today for a consultation!