Nonimmigrant Visas
Presentation by Caro Kinsella, Esq.
Legal Professionals
www.LegalProfessionals.us
Ph. (954) 304-2243
Fx. (888) 312-9674
Table of Contents
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EB-5 Entrepreneur Investor Visa
B-2: Visitor Visa, Tourist
B-1: Visitor Visa, Business
H-1B: Specialty Occupation
H-3: Training
F-1: Student
M: Non-Academic Vocational
J-1: Exchange Visitor
K-1 / K-3: Fiancé(e) / Spouse of an USC
E-2: Treaty Investor
L-1A: Intracompany Transferee
O: Alien of Extraordinary Ability
I-140: Immigrant Petition for Alien Worker
Consulate – Consular Processing
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EB-5 ENTREPRENEUR
INVESTOR VISA
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There are essentially two EB-5 programs:
The Regular program and the Regional Center
program.
Regular Program-the following three basic
requirements must be met:
Investment in a new commercial enterprise
Investment of at least $1 million (or $500,000 in
certain geographic area of targeted
employment) into the business
Creation of employment for at least 10 full-time
U.S. workers
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EB-5
Regional Center:
 Invest only $500,000
 No need to create jobs for 10 employees
 You can be passive investor, don’t need to
be active investor. Don’t need to be living
in the same state as the Regional Center
investment
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EB-5
Process:
 File I-526
 File Adjustment of Status when I-526 approved,
this gives you the Conditional Green Card
 File I-829 to remove the condition from the
Green Card to give you the Permanent Green
Card
 Apply for U.S. Citizenship 5 years from the date
you receive the Conditional Green Card
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EB-5
Advantages:
 Do not require sponsorship from either an
employer or family member
 Spouse and children under the age of 21
included; can seek employment and
education
 No quota backlog for the Eb-5 category
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B-2 Overview:
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For recreational activities incl. tourism, visiting
friends/relatives, medical/health reasons
Visa required unless eligible for visa waiver
Must be able to show intent to return, ties to
home country
Consulates have non-reviewable discretion to
deny visa if doubts exist regarding immigrant
intent
Can apply for extension of status or change of
status
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B-1 Overview:
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Not for employment in the US
Employment must be abroad
Cannot get a salary from the US sources
Must show intent to return and ties to
home country
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H-1B Overview:
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Must hold a United States baccalaureate or higher
degree required by the specialty occupation from an
accredited college or university
Hold a foreign degree determined to be equivalent to a
United States baccalaureate or higher degree required
by the specialty occupation from an accredited college or
university
It must be proven that the managerial position is a
“specialty occupation” requiring the attainment of at
least a bachelor’s degree.
A total of 6 years is given for this visa. Initially 3 years
is obtained and an extension for another 3 is permitted.
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H-1B Overview (cont):
H1-B Advantages:
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Good for 3 years at a time, a total of 6 years
Can apply for permanent residence through
Labor Certification
Can change status in the U.S.
Can transfer to other companies
Requires a minimum of a bachelor’s degree or its
equivalent
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H-1B Overview (cont):
H1-B Disadvantages:
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Only good for up to 6 years
Very sought after – USCIS has implemented a
CAP of 60,000 each year
Filing fees are expensive, and must be paid by
the petitioner
First H-1B has to be stamped on passport in
consulate abroad if you travel out of the country
Spouse and children cannot work
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H-3 Visa:
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Need a well structured training program
Must have either classroom instruction or
coursework
Training must be unavailable in alien’s home
country
Non immigrant intent required and ties with
home country
Maximum 2 years
If you stay in the US for the 2 years, then must
remain outside the US for 6 months before
changing status to L/H visa
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F-1 Overview:
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Applicant has a foreign residence with no intention of abandoning it
Applicant is a bona fide student qualified to pursue a full course of
study
Applicant seeks to enter the US as a student temporarily and solely
for the purpose of pursuing such a course of study at an established
institution of learning or other recognized place of study in the
United States
Be proficient in English or will receive training to make her proficient
Have sufficient academic credentials to attend a particular institution
All students will be admitted a maximum of 30 days before the
program start date.
A student is not required to apply for an extension of stay as long as
he/she will maintain status and make normal progress toward
completing the educational program.
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M Overview:
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M-1 is non academic/vocational institutions
Same procedure as the F-1 visa
Must show acceptance at a school, possession of
sufficient funds, nonimmigrant intent
Not valid for online courses with no classroom
participation
Can get one year extension up to 3 years
maximum
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J-1 Overview:
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Must have degree and employment (for minimum 1 year outside
U.S. OR employment for 5 years outside the U.S. – no longer can
get a J-1 if degree/employment in the U.S.
J-1 visa is Valid for 18 months.
The minimum age is 21 years old at the commencement of the J-1
Training Program.
The Petitioner will provide training to the trainee, for the purposes
of going back to their own country to further develop and utilize.
The trainees will return to their home countries and implement the
newly acquired shills and knowledge. Therefore, international
training candidates approaching the age of retirement are unlikely
to receive the J-1 visa form the U.S. Consulate.
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J-1 Overview (cont.):
The Host Company is eligible if it:
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Has been in business at least24 months.
Will adequately remunerate the J-1 Exchange Visitor.
Has established a bona fide training program.
Will not engage the J-1 Exchange Visitor in ordinary
employment.
Have at least ten (10) employees and sufficient annual
revenues to support an exchange visitor program.
Note: companies with fewer than 25 employees or $3
million in annual revenue will need to be visited by AILF
staff before an application can be accepted.
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K-1 Overview:
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Alien fiancé(e) can enter the US to marry
USC petitioner
Must be bona fide marriage
Must know the person for 2 years prior to
filing petition
Unmarried minor children under 21 eligible
for K-2 status
When beneficiary is admitted to US must
marry within 90 days
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K-3 Overview:
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Spouse visa, already married
Valid for 2 years with multiple entries
Cannot change or adjust status except
through marriage to original petitioner
K-4 can adjust based on their relationship
to the K-3
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E-2 Overview:
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This visa category is established by starting a business in
the United States. The business needs to prove it is
viable; it does not need to be a making a profit. You
need to invest at least $35,000 into the business to get
an approved E-2 visa
The US Company you are seeking approval to gain the
E-2 visa under, can be a brand new business, there are
no constraints on how long it needs to be established for
Intent to depart the U.S. Investor’s statement is
sufficient, don’t need to establish existing home abroad
You are able to get this visa indefinitely, by renewing
every two (2) years
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E-2 Overview (cont):
E-2 visa Advantages:
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Admission is for 2 years and can be renewed indefinitely – renewals
are for between 2-5 years at a time, irrespective of their country of
origin.
If applicant is outside the U.S then the application is done at
consulate abroad and is usually granted 5 years is initially, but is
optional at the officer’s discretion. This is dependant on the
application itself, the financial strength of the applicant and related
matters.
Spouse of the E visa holder who enters the U.S. as E spouse can
now obtain employment authorization
Premium processing is available for this type of visa, thus ensuring
an adjudication in fifteen days from receipt of the application
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Phone: (954) 304-2243
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E-2 Overview (cont):
E-2 visa Disadvantages:
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Cannot adjust status under E-2 visa, therefore
cannot obtain green card
Children of the E holder cannot work, but they
can attend school
Funds must be at risk
Must leave the U.S. every two years to renew
your visa, you can do this indefinitely however.
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Phone: (954) 304-2243
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L Overview:
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Temporary transfer of foreign nationals as
Managers/Executives/Specialized knowledge skill, to the US to
continue employment with an office of same employer, its parent,
branch, subsidiary.
Must be qualifying relationship (control/ownership) between the
Foreign Co & US Co.
Managers/Executives – can lawfully remain in the US for 7yrs.
Specialized Knowledge skill - can lawfully remain in the US for 5yr.
Once the max time is up – barred from US for 1yr.
The office in the US can be brand new
No labor cert for L visa. Can get your green card from this type of
visa
L2 = spouse/unmarried child U21yrs, can get their work
authorization
Employee must be employed with foreign Co. for continuous period
of at least 1yr within the last 3yrs.
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L Overview (cont):
L-1 Advantages:
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Parent and subsidiary companies don’t have to be in the same
business
No size limitation of company
No country limitation
Can be transferred from one US affiliate to another but must file
new I-129
Spouse children under 21, are permitted to obtain employment
authorization
Premium processing is available for this type of visa, thus ensuring
an adjudication in fifteen days of receipt of the application
Expeditious visa to obtain permanent residency
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Phone: (954) 304-2243
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L Overview (cont):
L-1 Disadvantages:
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Must have employment relationship with US Co. Cannot transfer someone
to work here without US business entity having control/salary. If US
Company is less than one year old, it must show proof of physical premises.
If the U.S. Company is less than one year under the L-1 visa it is regarded
as a new office, this is also permissible under the L-1 visa.
Both the US and foreign company must be active. The foreign entity must
be in existence for 24 months and the key employee must have been
employed for at least 1 year in the last 3 years in the foreign entity. The
key personnel can come into the U.S. operation (providing always that there
is a nexus between the US Corporation and the foreign entity).
L classification is not created for self employment. Self employment is
defined as where the entity is simply established for the employment of the
applicant and not for the general requirements of the L visa.
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O Overview:
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"Extraordinary ability. An individual who is one of the small
percentages of persons who have risen to the very top of his/her
field". The alien must demonstrate "sustained national or
international acclaim and/or recognition for achievements in his
field.
Admission: Must be coming to the U.S. for a specific event or series
of events
Time Limit: There is no maximum time limit on O status, a person
could acquire more than 6 years under O. If there are 6-10 events
in a row, it is not a problem.
The alien must be coming to U.S. to work in this field of endeavor
that requires the services of the alien. Your sponsor’s cover letter
should address this issue.
O-3 is the derivative category for spouse and children of O aliens.
The spouse and children of O-1’s are not eligible for Work
Authorization. They may live and work in the U.S. as long as the O1 maintains his legal status.
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I-140: Immigrant Petition for Alien
Worker
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Use this form for each of the Employment based
preference categories
EB-1: Extraordinary Ability petition or Outstanding
researcher. No need to file Labor Cert
EB-2:
MA + 2yrs work experience or BA + 5yrs work
experience or,
Labor Certification for Exceptional Ability or,
National Interest Waiver
EB-3: Job requires either 2 years work experience or
Bachelors
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Consular Processing
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We travel to US consulates worldwide to
attend interviews with our clients, for their
Immigrant and Non-Immigrant visas
We file applications for Immigrant and
Non-Immigrant visas at various US
consulates worldwide
We prepare and submit various waivers at
US consulates worldwide
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