Many foreign nationals come to the U.S. on a temporary basis with no intent to remain permanently. Some are brought by companies for a specific job task by employers seeking to fill specific needs. Others come for pleasure or educational opportunities.

Temporary visitors are issued nonimmigrant visas typically within weeks of the application, unlike permanent resident visa applications that could take years. The visas are valid for a certain period of time as determined by USCIS or the Embassy. Some of the nonimmigrant visas can allow a person to live and reside in the United States for a lengthy or indefinte period of time.

Whenever an alien applies for a nonimmigrant visa at an Embassy or in the United States with Bureau of Citizenship and Immigration Services there is always a rebuttal presumption that the alien has intent to immigrate permanently to the United States . If the Consular Post of the Bureau of Citizenship and Immigration Services believes that the alien has an intent to immigrate to the United States permanently, they will often non issue a nonimmigrant visa.

B-1/B-2 Business Visitor Visas

B-2 Tourist Visa

E-1/E-2 Treaty Trader / Investor Visas

F-1/M-1 Academic & Vocational Student Visas

H-1B Specialty Occupation

H-2B Non-Immigrant

J-1Exchange Trainees

K-1 Fiancee Visa

K-3 Spouse Visa

L-1 Intra Company Transfer

O-1 Non-Immigrant

O-2 Artist / Athlete Staff

O-3 Spouse / Children of O-1 Visa

P-1 Performing Entertainers and Athletes

R-1 Religious Workers Visa

TN: NAFTA Visa

V - Visa

Nurse Visas

Visa Extensions

Visa Waiver Program

B-1/B-2 Business Visitor Visas

Available to aliens for the purpose of engaging in legitimate business activities i.e. conventions, conferences, consultations and other legitimate activities of a commercial or professional nature, but not for the purpose of being employed by or receiving a salary from a U.S. corporation and generally not to perform skilled or unskilled labor.

To qualify as a nonimmigrant visitor for business the applicant must intend to maintain a foreign residence abroad, show sufficient means of support to avoid unlawful employment while in the U.S. and establish that he or she intend to leave the U.S. at the end of the temporary stay.

Permissible Business Non-Employment Activities Include:

• negotiating contracts;
• consulting with business associates;
• litigating;
• participating in scientific, educational, professional, or business conventions, conferences or seminars;
• undertaking independent research;
• engaging in commercial transactions that do not involve gainful employment in the U.S.
• Individuals Permitted To Come to the U.S. for Employment Activities:
• members of religious and charitable organizations and participants in voluntary service programs;
• members of Boards of Directors of U.S. corporations may enter to attend meetings of the board or to perform other functions derivative of board membership;
• personal or domestic servants of U.S.Citizens residing abroad or temporarily assigned to the U.S.
• personal or domestic servants of certain aliens in nonimmigrant status;
• certain professional athletes; and
• investors seeking E-2 status.

Visas are valid for not more than a year and extensions are granted in six-month durations. In practice, a business visitor will be granted only a period of entry necessary to conduct business. Most visas are approved for less than three months, and only in unusual circumstances would a stay of more than six months be granted. This visa is ideal for U.S. companies desiring to bring overseas workers to the U.S. on short notice for brief periods of stays and to assist with important projects.

B-2 Tourist Visas 

Visas are generally issued for the purpose of tourism, visiting friends or relatives, health reasons, to participate in conferences, musical or sporting events and other purposes that is not employment related. The visas are usually granted for six months even if the period of stay is less than six months. However under new regulations the period will become 30 days unless the visitor can show a reason for a longer stay. The applicant must show a foreign residence with no intent of abandoning it, a foreign job, significant ties abroad, and sufficient means of support. Nationals of countries that participate in the Visa Waiver Pilot Program may be eligible to come to the U.S. without a Visa but for a period not to exceed 90 days.

Applying for a Visitor Visa

Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation - Each applicant for a visitor visa must pay a nonrefundable application fee and submit:

• An application Form DS-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States . If more than one person is included in the passport, each person desiring a visa must make an application;
• Two photographs 1 and ½ inches square (37x37 mm) for each applicant, showing full face, without head covering, against a light background.

Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. Evidence which shows the purpose of the trip, intent to depart the United States , and arrangements made to cover the costs of the trip may be provided. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

Persons traveling to the U.S. on business can present a letter from the U.S. business firm indicating the purpose of the trip, the bearer's intended length of stay and the firm's intent to defray travel costs. Persons traveling to the U.S. for pleasure may use letters from relatives or friends in the U.S. whom the applicant plans to visit or confirmation of participation in a planned tour. Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.

Those applicants who do not have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support. Visitors are not permitted to accept employment during their stay in the U.S. Depending on individual circumstances, applicants may provide other evidence substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.

U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States . The U.S. Bureau of Citizenship and Immigration Services (USCIS) has authority to deny admission. Also, the period for which the bearer of a visitor visa is authorized to remain in the United States is determined by the USCIS, not the consular officer. At the port of entry, an USCIS official must authorize the traveler's admission to the U.S. At that time the USCIS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

E-1/E-2 Treaty Trader/Investor Visas

Visas are available for aliens from countries that have entered into commercial treaties with the U.S. who wish to enter in order to carry on substantial trade, including trade in services or technology between the U.S. and the foreign state of which the alien is a national.

An alien may also qualify as a treaty investor to develop and direct the operations of an enterprise in which he or she has invested and has an interest of at least 50%, or of an enterprise in which he or she is actively in the process of investing a substantial amount of capital in proportion to the total investment. The investment level is relative to the kind of business.  It must be "substantial.and not marginal".

An employee of the treaty trader or investor may also be admitted if their duties are essential to the operation of the enterprise i.e. executives, managers, or supervisors.

The three main types of treaties are treaties of friendship, commerce and navigation; bilateral investment treaties; and free trade agreements such as NAFTA. The treaty trader or investor must, whether an individual, business or employee possess the nationality of the treaty country. Nationals of the treaty country must own 50% of the business in question.

The Visa is initially valid for two years but can be extended indefinitely in increments of not more than five years. The spouse and children are entitled to the same classification but cannot work in the U.S.

New E-3 Visa for Australian Professionals

The United States Congress has created a new visa, the E-3 treaty professional visa for Australian nationals who enter the United States temporarily to work in a specialty occupation.  

To be eligible for the E-3 visa, an Australian national must be entering the United States temporarily to work for a U.S. employer in a specialty occupation.  The term "specialty occupation" is defined under U.S. law in the context of the H-1B visa program.  A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and, at a minimum, the attainment of a bachelor's or higher degree (or its equivalent) in the specialty field.  For instance, specialty occupation workers include architects, accountants, engineers, lawyers, physicians, and surgeons (to name a few). 

The E-3 visa allows Australian nationals to work for any U.S. employer in a specialty occupation, where this is accompanied by a job offer.  For this reason, it is different from the current E-1 and E-2 visas, which require a direct and significant link between the occupation and international trade and investment between the United States and Australia.

The E-3 visa affords entry to the professional worker as well as the worker's spouse and minor children.  Significantly, unlike many U.S. non-immigrant visas, the E-3 visa allows spouses to apply for authorization to work in the United States for any U.S. employer. 

Australian nationals and their dependents traveling to the United States under E-3 visas will be admitted for up to two years.  The E-3 visa may be renewed for two year periods indefinitely.

The E-3 visa has no impact upon the ability of Australians to apply for other visa categories.  In addition, current H-1B and E visa holders may apply for an E-3 visa, and E-3 visa holders remain eligible to apply for any other visa. 

F-1/M-1 Academic and Vocational Student Visas

Visas are available for students seeking a full course of study at an established school in the U.S. Students have restricted work opportunities. Under very limited circumstances they may qualify for employment on campus and during their studies in curricular practical training as required by the course of study without prior USCIS approval. USCIS approval is required if the student wishes to work off campus and is granted only due to an unforeseen severe economic hardship. After graduation the student may work for up to 1 year in a practical training program that is related to the student¿s major area of study if approved by USCIS.

H-1B Specialty Occupation

The H-1B Visa program is the most common visa type used by U.S. employers to hire foreign- born professionals on a temporary basis to perform work in "specialty occupations". This program allows U.S. business to recruit and hire the best-qualified candidates from around the world, and compete on a level playing field with foreign companies in such key industries as high-tech, manufacturing, pharmaceuticals, biotechnology, and education.

Our task is to establish that the professional falls within the category of a "specialty occupation" which requires "theoretical and practical application of a body of highly specialized knowledge" and at least a bachelor's degree earned in the United States or the foreign equivalent of a bachelor's degree. The visa is valid for six years but initially granted for three and may be renewed. There is an extension available if the alien has filed for an immigrant visa 365 days before the expiration of the six-year period.

Our office can process H1-B applications for employers thought the U.S. To accommodate those who do not live within our geographic area, we will prepare all necessary documents by communicating with the alien and employer by fax, e-mail, and mail. The alien has the option to file under Premium Processing in which the USCIS will furnish a direct contact at USCIS and a guaranteed quick response at an extra cost to the alien. Regular Processing usually takes several months, this time frame depends upon the current processing times for the USCIS Service Center.

To ensure the fastest approval from the USCIS, our office requires the cooperation from the employers and the aliens. To avoid surprise please note that the USCIS will require proof that the employer has the ability to pay the wage mandated by the Department of Labor, and we will request that the employer furnish us with a copy of the company¿s Federal Income Tax Returns and/or audited financial statements from the previous calendar year.

Employer Documentation Requirements

The employer will be required to provide the following:

• the alien's position;
• the alien's duties and responsibilities in this position;
• the number of employees in the company;
• the number of employees the alien will supervise;
• the company's income for the previous year;
• the year of incorporation of the company;
• the name and direct phone and fax number of the person with whom we will be in contact concerning the alien's visa processing.

The Alien Employee's Documentation Requirements

The alien will be required to provide the following documents:

• resume;
• university transcripts and diploma (may need to be evaluated);
• letters of recommendation from previous employers in the same field;
• previously issued visas;
• alien's I-94 card;
• alien's passport;
• if the alien will be applying with dependents (i.e. spouse and/or children under 21), the civil documents of all family members, including birth and marriage certificates, and the divorce decrees and death certificate where applicable.

We can file an H-1B in the U.S. while the alien is in status or at the U.S. Embassy in the alien's home country if the alien has not overstayed for more than 180 days. Moreover, the alien has the option to file under Premium Processing in which the USCIS will furnish us with a response at an extra cost to the alien. Regular Processing usually takes between 3-4 months, however this time frame depends upon the current processing times for the USCIS service center.

"Specialty Occupation" Defined

"Specialty Occupations" are defined as occupations that require:

• A theoretical and practical application of a body of highly specialized knowledge, and
• The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.

To establish that the job qualifies as a "specialty occupation" one or more of the following must be met:

• A bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position;
• The degree requirement is common to the industry or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree

Examples are architects, doctors, engineers, lawyers, professors, accountants, teachers (elementary, secondary, colleges, or seminaries), researchers, medical personnel, computer professionals, marketing managers and fashion designers.

Required Credentials

It is not enough to show that the position is a "specialty occupation" The alien must also show that he has the required credentials for the position offered with proof of the one or more of the following:

• Full state license, if required for practice in that State;
• U.S. bachelor's degree or higher or its foreign equivalent (evaluated by a credential evaluator)in the specialty or the related field;
• Education training or experience in the specialty equivalent to the completion of the degree, (USCIS allows a three years of work/specialized training can be substituted for each year of college that is missing).

Employer's Obligations
A U.S. employer must attest to the U.S. Labor Department on a form entitled a Labor Condition Application (LCA) and guarantee the following:

WAGE:

The foreign professional will be paid at or above the rate paid for a similar position at the employer's own offices, or the prevailing wage for that position in the geographic area based on the best available information. The wage is determined by one of five methods. The first four are the best source of date and are accepted by USCIS:

• prevailing wage determination from the local state employment security office;
• published wage survey for the occupation in the area of intended employment;
• union contract;
• wage rate published under the Davis-Bacon Act;
• another legitimate source of wage information.

NOTE: The employer is required to provide proof of the ability to pay the required wage by providing copies of past and current tax returns and/or other corporate documents.

Working Conditions:

The foreign professional will not adversely affect the working conditions of U.S. colleagues

No Strike or Lockout at Worksite:
The alien is not being hired to replace others.

Good faith Recruitment Effort was Done:
A good faith effort to recruit U.S. workers at the prevailing wage was made but no one was as qualified as the alien.

Notice of LCA Filing Posted:

The employer is required to keep a public file with:

·        a copy of the LCA containing original signatures and proof that the alien received a copy of the LCA,

·        documentation of the wage to be paid,

·        the prevailing wage determination from SESA or another source,

·        proof of wage to be paid, system used to arrive at the wage,

·        postings or notices to union, and summary of benefits offered to alien showing it's the same as that offered to U.S. workers.

"H-1B Dependent Employers" Additional Attestations:
Employers who currently have H1-B employees (as defined by regulations) must state that they are not displacing protected U.S. workers and that they have attempted to recruit U.S. workers. Penalties are imposed for violations.

Employers who have 25 or fewer employees and 7 are H1-B non-immigrants are H-1B dependent. If they have 26-50 employees, no more than 12 can be H-1B holders. Employers with 51 or more employees are H-1B dependent if the number of H1-B non-immigrants employed is equal to 15% of the number of full-time employees. Certain H-1B employees are exempt if they possess a master's degree and earn $60,000 per year.

H-1B Job Portability:

The American Competitiveness in the 21st Century Act passed by Congress in 2000 provides for increased portability of H1-B status. Persons previously issued a visa or otherwise provided H1-B status can now accept new employment and start working immediately before and subject to the final approval of the new petition. However if the petition is denied, work authorization ceases. In order to be eligible the individual must have been lawfully admitted to the U.S., the new petition must have been filed before the expiration of the original H1-B and the individual must not have been employed without authorization in the U.S. before the filing of such petition.

Travel Costs Upon Dismissal During H-1B Period:

If an H-1B employee is dismissed before the end of their authorized stay the employed must bear the reasonable cost of returning the alien home. Any dismissal is covered, even one for cause. The exception is when the alien voluntarily quits.

H-2B Non-immigrant  - Temporary Nonagricultural Worker

The H-2B nonimmigrant program permits employers of foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. The process requires an approved Labor Certification (see that tab) in which the employers must show that U.S. workers are unavailable to fill the position before the visa will be issued.

There is an annual cap of 66,000 visas per year. The maximum authorized period of stay is one year therefore the job offer must be for less than one year. The visa may be extended for a total of three years. Extension applications require another Labor Certification, and demonstrate that the initial authorization period is insufficient.

Either skilled or unskilled workers may be employed on an H-2B visa. The only workers who are specifically excluded are :

• foreign medical graduates seeking to perform work in medical fields, and
• agricultural workers.

The visa is also often used for entertainers and athletes who do not meet the requirements of the O and P visa categories.

Petitions for H-2B status may be filed by U.S. employers or their agents. U.S. agents must be authorized to file the petition and accept service of process in the U.S. The agent can file petitions for self-employed aliens and function as the employer, multiple employers and act as a representative of the employer and the alien, and cases involving foreign employers.

When the H-2B worker is self-employed, there must be a contract between the agent and the worker specifying the wages and terms and conditions of employment. The agent must also provide a complete itinerary of the planned employment. When numerous employers are involved, the agent must provide the dates of the proposed employment, the name and address of the employers, and the locations where the work will be performed and a contract between the employer and the alien.

When a foreign employer is petitioning for the services of an H-2B worker, the agent must submit the employment contract between the worker and the employer, as well as evidence of the agent's authority to act on behalf of the employer. The most significant restrictions on the H-2B category is the requirement that the need for the foreign worker is temporary and not permanent.

The Department of Labor recognizes four situations in which there is a temporary need for workers: recurring seasonal need, intermittent need, peak-load need, and need based on a one-time occurrence. A labor certification by the Department of Labor (DOL) is required for the INS to issue an H-2B visa. The DOL must determine that there are no unemployed, qualified U.S. workers available for the position in the geographical location of the proposed employment, and that employment of the foreign national will not adversely affect the wages or working conditions of U.S. workers. The DOL will request that the employer conduct a recruitment campaign and forward the report to the DOL. If the DOL is satisfied that there are no qualified persons in the U.S. they will certify the LCA and then the H2-B petition may be sent to USCIS for approval and Consular processing.

Travel Costs Upon Dismissal During H-2B Period:

If an H-2B employee is dismissed before the end of their authorized stay the employed must bear the reasonable cost of returning the alien home. Any dismissal is covered, even one for cause. The exception is when the alien voluntarily quits.

J-1 Exchange Trainees

All J-1s must be sponsored by an exchange visitors' program such as a local, state, or federal government agency, designated by the U.S. Information Agency. J-1 Visas encompass a wide variety of individuals:

• students pursuing full time formal courses. Stay is authorized as long as the student stays in school and employment may be authorized in specific situations;
• short term scholars coming to lecture, observe, consult, demonstrate special skills and to participate in seminars, workshops etc. for up to six months. Extensions are not permitted;
• trainees coming to participate in a structured training program conducted by a selected sponsor. Stay is limited to 18 months;
• teachers teaching full time in established primary or secondary schools. Stay is limited to 3 years and 30 days;
• professors and research scholars teaching, lecturing, observing, consulting or researching at post secondary accredited educational institutions, museums, libraries or similar types of institutions. Effective June 20, 2005 the maximum stay for professors and research scholars on J-1 has been increased from 3 to 5 years;
• specialists in a field or with a skill coming to observe, consult or demonstrate. Stay is limited to 1 year plus 30 days;
• alien physicians who graduated from foreign medical schools pursuing graduate medical education or training at U.S. accredited schools of medicine or scientific instruction. Stay is limited to 7 years plus 30 days. Extensions are granted if the home country has an exceptional need for trainee to remain. Participation in this program may subject the alien to the two-year home residency requirement that is rarely waived;
• international visitors such as potential leaders coming to engage in observation tours, discussions, consultations, professional meetings, conferences, workshops and travel. Stay is limited to 1 year plus 30 days;
• government visitors such as influential or distinguished persons selected federal, state or local government agencies. Stay is limited to 18 months;
• camp counselors at least 18 year old. Sponsors may have no more than 10% of total placed last year return. Stay is limited to four months;
• au pairs 18-26 years old, who are secondary school graduates (or equivalent) who are proficient in English, have passed a physical exam, interview and background check. Provides for limited work hours. Stay is limited to one year.

Fiancée K-1 Visa

Fiancée (K-1) visa is an non-immigrant visa allowing your fiancé to enter the United States for the purpose of marriage. This visa is only valid for a limited period of time, during which the marriage must occur.

The K-1 Visa is normally valid for a period of three (3) months. There is no extension of stay allowed. K-1 petition is automatically terminated when the Petitioner dies or voluntarily withdraws the petition.

You are required to submit your Petition for Alien Fiancée (Form I-129F) according to your place of residence; most are forwarded, however, to the California Service Center.

Requirements:

1. You must be a U.S. citizen.

2. You have met your fiancé in person within the previous two years.

3. Both you and your fiancé are legally free to marry.

4. You meet certain minimum income requirements of the current U.S. Poverty Guidelines.

5. Your fiancé does not have a criminal record.

6. Your fiancé has not violated U.S. immigration laws

7.  You must satisfy the requirements of the International Marriage Broker Registration Act of 2005 ("IMBRA").

Children of Fiancée K-2 Visa

The K-2 non-immigrant visa allows a child of your fiancé to enter into the U.S. and await the availability of an immigrant visa.

"Children" are defined as:

• younger than 21 years old; and,
• unmarried; and,
• seeking to immigrate to the U.S.

K-1 children may stay in the U.S. on a K-2 visa for a maximum period of 90 days from the date of entry. If you and your Fiancée do not marry within 90 days, K-1 children must depart the U.S. together with your fiancé .

Documents needed for K-2 visa:

• Valid passport (not needed if child is under 16);
• Nonimmigrant Visa Application (Form DS-156), in duplicate with two recent color photographs;
• Official birth certificate;
• Permission to travel from other parent;
• Complete medical examination report.

Generally an interview is required at the American Consulate. Some consulates do not require a child of your Fiancee to attend if s/he is below the age of 14. Many consulates require a child to attend even if s/he is not going to move to the U.S. with K-1 parent immediately, but will follow later.

The cut-off date for issuance of a K2 visa is 1 year from the date of the K-1 visa issuance to the principal alien. K-1 and K-2 visas are valid for one entry into the U.S. at any time within the next six months.

The child of a K-1 principal alien may acquire K-2 status even after the principal alien has married American Citizen Petitioner and acquired lawful permanent resident status in U. S.

K-2 Benefits:

• reside in the U.S. for 90 days until K-1's marriage;
• study in the U.S.;
• apply for work authorization.

K-3 Spouse Visa

The purpose of the K-3 visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the K-3 visas will be able to wait in the U.S. for this process to be completed and obtain a work authorization if they are the beneficiary of an approved I-130 visa petition.

The K category is intended for use by both a spouse of a United States citizen and by the spouse's children. The nonimmigrant visa for the spouse will be called a K3 visa and the visa for the spouse's children will be called a K-4. The K-4 is for children under 21 years of age but they must adjust their status the green card holder before reaching the age of 21.

This visa must be applied for within the U.S. and it will thereafter be forwarded to the Consulate abroad who will contact the spouse, forward additional forms and schedule an interview. Processing times vary from consulate to consulate and can range from 1-5 months. The visa must be used to enter the U.S. within four months from the date of issuance and it is valid for two years.

K-3 spouse visa required documentation:

• valid passport;
• birth certificate;
• divorce or death certificates from prior spouse;
• police certificate of good conduct from residences since age 16, and where he/she has resided for six months or more;
• medical examination;
• approved I-130 & I-129F;
• photographs (two photographs 1 and ½ inches square (37x37mm), showing full face, against a light background).

Fiancee K-1 Visa  and Spouse K-3 Visa Compared

Many are puzzled - Should I use K-1 visa and marry my lone one in the United States or marry my loved one in her home country and use K-3 visa (spousal visa)?

Every case is unique, so it is impossible to provide a blanket answer that would apply in every situation.

K-1 Visa Considerations

1. You don't need to marry immediately in your Fiance(e)'s country or the U.S.

2. You bring your loved one to the U.S. as your Fiancee, and both of you have 90 days to get married. This allows you both to get to know each other better and make a decision about whether you want to spend the rest of your lives together.

3. You deal nearly exclusively with the U.S. immigration system and U.S. immigration officials here, in the United States.

4. You avoid dealing with local foreign procedures of marriage in a foreign country in a foreign language.

5. Your fiancee has a chance to see the country and get familiar with U.S. customs and language before the marriage.

6. Close family and friends will NOT see your Fiance(e) get married in the U.S. unless they could manage to obtain another type of visa such as a tourist visa, which is hard to obtain.

K-3 Visa Considerations

1. You are both together immediately.

2. Your wife's family and friends are able to attend your wedding without any delay.

3. Local marriage in a foreign country can sometimes be accomplished in 10 days, or less.

4. Depending on the U.S. Consulate, the process could take much less time.

5. Since with a Spousal visa your wife gains U.S. legal residency immediately, future immigration work is substantially reduced. There is no need to file for the Adjustment of Status Application and wait for months during which time your wife cannot travel freely without obtaining travel parole every time she travels outside of the U.S.

Extensive supporting documentation is usually necessary of a U.S. Citizen to get married in a foreign country. The K-3 is a two-step process.  First, you are required to submit a package for the Form I-130. Upon USCIS Notice of Action, you would need to send the  I-129F Package. It takes time and a lot of patience from both of you.

This process is very document-sensitive which means that if you are missing a document, you may have to fly back to the U.S. in order to obtain a necessary document before process can be completed.  All your documents must be translated into the native language of that country where you are planning to get married. The translation much be certified with attached apostle. You might end up with more expenses for the marriage itself and Embassy visa processing charges and fees.

Can a B-2 Tourist Visa be used in lieu of the K-1 visa?

A Visa is permission to apply to enter the United States. Foreign citizens must apply for a visa at an American embassy or Consulate abroad, when desiring to travel to the United States. A consular officer decides whether you are qualified for a visa.

In adjudicating visa applications, the Consul at the U.S. Embassy or Consulate is guided by U.S. laws and regulations and not laws of your Fiancee home country.

U.S. immigration law places the burden of proof on the visa applicant to show that he or she is not planning to immigrate to the United States by using a tourist visa. In other words, each non-immigrant visa applicant must prove to the Consul's satisfaction that s/he will NOT travel to the U.S. in order to reside there permanently. Each applicant must demonstrate that s/he is traveling to the U.S. for ONLY a temporary stay and has strong ties to home country that will compel him/her to return home.

Documents that provide evidence of the applicant's social, economic, and/or family ties to her/his home country, as well as correspondence from relatives or business associates you plan to visit, may facilitate the consular officer's decision.

Some examples of documents that may be helpful include:

• Evidence of employment. A letter from your employer can be useful;
• Evidence of income (and in some cases evidence of your spouse's income), such as earnings statements;
• Evidence of immediate family (spouse, children);
• Evidence of ownership of property;
• Evidence of ongoing studies if applicant is still a student;
• Evidence of ongoing projects for those in entertainment fields;
• Your old passport bearing earlier visas and entry stamps indicating the date on which you returned to your home country after prior visits (for those who have traveled to the U.S. previously).

L-1 Intra Company Transfer

The L-1 intra-company transferee visa is available to aliens who have worked abroad for one continuous year within the preceding three years in an executive, managerial, or specialized knowledge capacity who are being transferred temporarily to the U.S. to work in a similar capacity for the parent, branch, subsidiary, or affiliate of the same organization. Evidence of the qualifying relationship, proof of employment abroad and a detailed description of the job duties, qualifications and requirements will be required by USCIS to approve the petition. The spouse and children under 21 are allowed to accompany the L-1 visa holder during the period of the transferee status and can be employed.

"Manager" Defined:

• manages the organization, or a department, subdivision, function or component of the organization;
•  supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or department or subdivision of the organization;
• has the authority to hire and fire as well as other personnel actions.

"Executive Capacity" Defined:

• directs the management of the organization or a major component or function of the organization;
• establishes the goals and policies of the organization, component or function;
• exercises wide latitude in discretionary decision-making; and,
• receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.

"Specialized Knowledge" Defined:

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

Adjustment to Permanent Residence

In certain circumstances, it may be possible to convert the L-1 visa for executives and managers to lawful permanent residence status. However, the applicant must initially show that they intend to depart the U.S. when the stay is over.

Time Limitation

Individual petitions may be granted for up to three years, with a possible extension of two years for all L's and another two years beyond that for all executives and managers.

Business Abroad Must Continue

The petitioner must be doing business in the U.S. and at least one other country for the duration of the stay. Both the U.S. and the foreign company must be active.

New Businesses

Persons coming to open up a new office in the U.S. will only be granted a one-year stay in the US. The USCIS also typically requires additional information about the plans for the new office such as proof that office space has been obtained, a business plan has been developed, the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant's transfer to the U.S. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate that it has proceeded with the plans outlined in the initial petition.

The USCIS will scrutinize cases where the transferred employee also has an ownership interest in the company, since the USCIS may not believe the owner intends to ever leave the U.S. The U.S. employer will need to show that the firm's need for the transferee is not indefinite and that the transferee's foreign business interests are a strong lure for the person to return home upon the expiration of the transferee's stay in the U.S.

Required Documentation:
A U.S. employer or foreign employer may file the petition, but a foreign employer must have a legal business entity in the U.S. The petition must be filed with:

• Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as¿
•  An annual report;
• Articles of incorporation;
• Financial statements;
• Copies of stock certificates
• A letter from the alien's foreign qualifying employer detailing his/her¿
• Dates of employment;
• Job duties;
• Qualifications;
• Salary;
• Proof that the alien worked for the employer for at least one continuous year in the three-year period preceding the filing of the petition in an executive, managerial or specialized knowledge capacity;
• A description of the proposed job duties, qualifications and evidence the proposed employment is in an executive, managerial or specialized knowledge capacity.

If the alien is coming to the U.S. to open a new office, the petition must include evidence the business entity is in the U.S. and;

· Has sufficient premises to house the new office;

· Has, or upon establishment will have, the qualifying relationship to the foreign employer;

· Has the financial ability to remunerate the alien and to begin doing business in the U.S., including evidence about:

· The size of the U.S. investment;

· The organizational structure of both firms;

· The financial size and condition of the foreign employer;

· And, if the alien is coming as an L-1 manager or executive to open a new office, such evidence must establish that the intended U.S. operation will support the executive or managerial position within one year.

Blanket Petitions

In the event a company wishes to send a large number of applicants to the U.S. there is a procedure available to reduce USCIS filings. To qualify the company must meet the follo