Orlando Nonimmigrant Visa
Immigration Attorneys
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At any given time, there are millions of foreign nationals in the United States who are legally recognized as temporary residents. These residents have applied for temporary residency through the U.S. Citizenship and Immigration Services (USCIS) agency and obtained a document known as a “visa,” which allows foreign nationals to enter the U.S. to live and work legally.
There are two broad categories of visas: immigrant visas and nonimmigrant visas. Immigrant visas enable foreign nationals to establish permanent residency in the U.S. In contrast, nonimmigrant visas, also known as temporary visas, permit an individual to stay in the U.S. for a defined and approved period of time, as indicated on the foreign national’s Form I-94—a document issued by Customs and Border Patrol upon entry. What’s more, both broad visa categories contain dozens of individual visas, each permitting travel to the U.S. for a particular reason.
Types of Nonimmigrant
and Temporary Visas
Some of the most common temporary visas are:
- Treaty trader and treaty investor visas (E-1 and E-2, respectively)
- Performer visas and extraordinary ability visas (O-1 and P-1)
- Work visas (H-1B)
- Intercompany transferee visas (L-1A and L-1B)
- Training visas (J-1, H-3, and Q-1)
- Student visa (F-1 and M-1)
- Fiancé(e) visa (K-1)
- Religious worker visa (R-1)
Applying for Temporary Visas
Anyone wishing to apply for a nonimmigrant visa, whether for themselves or someone else, must keep in mind that the exact application process and timeline can vary drastically based on what specific visa an individual needs. Some temporary residents, such as students and nonimmigrant workers, may also need to receive preliminary documentation from their school or employer before they can obtain a visa.
In general, all applicants or their sponsors will also need to do the following:
- Complete an application form
- Submit supporting documents to prove their identity and details of their visit
- Complete a visa interview at their local U.S. Embassy or Consulate
Visa Extensions
If you are currently in the United States on a nonimmigrant visa but foresee needing to extend your stay, you can request a visa extension from USCIS by filing an application before your original visa expires. However, the extension process can vary depending on the visa type and your reason for extending your stay, so we recommend applying well before the date listed on your I-94. Otherwise, you could violate the terms of your visa and I-94 and even compromise your ability to stay in or return to the U.S.
Nonimmigrant Visa Services
A treaty between the U.S. and the Foreign National’s home country established E visas to allow for trade or commerce. However, not all countries have a treaty with the United States which allow for this type of visa. It is important to consult with an attorney to determine eligibility under this visa category. Under an E-1 visa, the definition of a treaty trader is someone who conducts “substantial trade in goods, services, and technology” between the United States and their country of origin. Treaty investors, under the E-2 visa, invest a “substantial amount of money” into an enterprise within the U.S. and come to the U.S. to direct and control that enterprise.
To be eligible for these visas, an applicant must fulfill the following requirements:
- Be a foreign national of a country with which the U.S. has a commerce treaty;
- Maintain continuous trade involving numerous transactions or invest a substantial amount of money into a legitimate U.S. enterprise; and
- Meet the legal definition of an employee, manager, executive, or have special qualifications.
Applicants may seek and E-1 or E2 visa to enter the U.S. specifically to carry on trade or establish and develop investment opportunities.
R-1 visas allow foreign nationals coming to the United States to serve as a minister or in a religious vocation or occupation and require employment by a non-profit religious organization in the United States.
The H-1B visa is a temporary (non-immigrant) visa which allows highly skilled foreign professionals in specialty occupations to live and work in the United States. An H-1B visa is valid for three years and may be extended up to a maximum of six years.
To be eligible for this visa type, the job opportunity must require the minimum of a bachelor’s degree in a specialty occupation and the applicant must have at least a bachelor’s degree or its equivalent in a field related to the job opportunity. HAWM Immigration Law does more than fill out lottery registrations. We ensure that the employer, the job, and the applicant qualify for an H-1b prior to registering for the lottery. The odds of being chosen are small. The worst thing that could happen would be to win a lottery spot and then have the application fail due to not meeting one of the requirements. Our goal is a successful H-1b.
There are two types of H-1b visa- cap-subject and cap-exempt. Most H-1b visa applicants are subject to a lottery system (also called the cap). Because there are only 85,000 visa numbers given out each year on October 1, but there are typically more than 250,000 visa applicants, USCIS instituted a lottery system whereby employers register with USCIS and enter a candidate into the lottery. The lottery opens each year in March, and they choose the winners at the end of the month.
A non-profit organization with an affiliation to an institution of higher education is exempt from the normal H-1b lottery. These sponsors are H-1b cap-exempt. If, in addition to showing all of the normal H-1b requirements, the employer can show they have a 501(c)(3) designation and an active affiliation (like an internship program) with a college or university, they can sponsor a candidate any time during the year.
Sources:
American Immigration Council: The H-1B Visa Program and Its Impact on the US Economy.
Berkeley International Office: H-1B Frequently Asked Questions: https://shorturl.at/oCDJPh