| U.S. Visas |
US Visa Categories.
There are literally dozens of different us visa categories to enter the United States. They
can be broadly divided in two types of visas: immigrant and nonimmigrant visas.
Immigrant visas are visas destined to people who will permanently live and work in the
United States, and have secured the necessary permits. This normally requires a US
Petitioner (be it a family member or a prospective employer) to file an immigrant visa
petition on behalf of the alien beneficiary.
Once the immigrant visa petition is approved, if a visa number is immediately available
the beneficiary can either proceed to request consular processing of his or her
application for permanent residence ("green card") or adjustment of his or her
immigration status from within the United States. It is important to determine at the
outset whether the applicant currently present in the United States is eligible for
adjustment of status once a US visa becomes available to him.
The issues are too numerous and too important to be enumerated here, suffice it to say
that we highly recommend consulting a skilled US immigration attorney early on before
the whole process is commenced.
For most applicants however, it will be necessary or desirable to obtain another
category of US visa. These are called nonimmigant visas because they are to be used
for visits of temporary nature.
Some of these visas are for work, some other for leisure or business activities, but by
and large an inquiry will be made as to the nature of the proposed visit, the
temporariness of the same, and for many US visas, whether or not the applicant has
sufficient ties to his or her home country to justify an assumption that he or she is likely
to return home at the end of the authorized stay.
A few US visas (such as H1-B, L-1, and others), allow the holder to enter the US in
nonimmigrant status while at the same time legally pursue permanent residence in the
US. This is the so called doctrine of dual intent, and is not applicable to all visa
categories. Some visas in fact are expressly precluded by law or regulations to
applicants who have manifested an intent to immigrate in the United States, even if
such intent is merely prospective and in accordance to the lawful process to obtain an
immigrant visa ("green card").
It is therefore paramount to structure the whole immigration strategy in a cohesive
manner, so that steps undertaken early on do not jeopardize the visa applicant's
ultimate goals, whatever they may be.
Some popular visa categories carry work-authorization incident to their status: H1-B
visas are very much sought after so much so that in recent years this visa type has
been oversubscribed and subject to a much controversial process of selecting the
applicants among the thousand who had filed.
L-1 Visas are also very much desirable for workers of multinational companies,
including executive, Managers (L-1A) and specialized knowledge worker (L-1B) who
may be transferred to a US branch, subsidiary or affiliated company after only 12
months of employment abroad.
B-1 Visas are reserved for visitors for business and do not grant authorization to
perform salaried work in the United States. They are to be used for temporary visits of
short duration and only to conduct business activity not remunerated in the United
States.
O-1 Visas are nonimmigrant visas reserved for aliens of extraordinary ability in the field
of arts, science, or entertainement.
K-1 Visas are for fiancee's of US citizens who wish to enter the United States with intent
to marry within 90 days of entry.
K-3 Visas are for spouses of US citizens who are abroad and are beneficiary of a
pending petition for immediate relative. This type of visa is supposed to allow a quick
entry into the United States pending the outcome of the permanent resident petition.
B-2 visas are for temporary visits to the United States for pleasure. There is a strong
presumption against the alien who has the burden of proving that he or she does not
harbor any immigrant intent and will not circumvent the terms of admission.
J-1 visas make up a multi-pronged visa category ranging from interns, au pairs,
international scholars and researchers, to Medical Doctors. Importantly, some J-1 visas
are issued subject to a two-year home residency requirement at the end of the J status.
The applicant will therefore be forced to go back to his or her home country unless a
waiver can be secured.
F-1 and M-1 visas are for students. The applicant must be enrolled and receive
documentation from the school to present to the Consulate at the time of visa issuance
E-1 Visas are reserved for international traders. There must be a substantial amount of
trade between the United States and a treaty country before the visa can be issued.
E-2 Visas are for international investors. The amount of capital invested or in the
process of being invested must be "substantial" no exact figures are specified as to
what constitutes a substantial investment in the E-2 visa context.
These are only a few of the possible options available, we suggest that anyone who is
seriously interested in obtaining a visa for the United States retains legal counsel,
especially in employment or family related petitions and applications.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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