The Mechanics of Obtaining a Nonimmigrant Visa
Security concerns have eliminated the mail-in processing of non-immigrant
visas which had become the norm at most of the large consular posts.
Virtually all applicants for non-immigrant visas must appear in person
to obtain the visa. Be advised that many if not most posts no longer allow
walk-ins. Appointments must be made in advance. We strongly recommend
checking the website of the relevant post. The State Department US Missions
on line website will link you to any post with a website.
Go to:
www.state.gov/www/regions_missions.html
Applicants must submit Forms DS-156, and DS-157, a color photograph meeting
Department of State specifications, the relevant BCIS approval notice.
Other requirements vary from post to post and depending upon the type of
visa sought. For instance, employment based visas, such as H-1Bs, L-1s,
often necessitate photographs of the physical place where the person will
work, an assurance of sorts that a real job awaits the applicant in the States.
Visa Waiver Program
Foreign nationals from certain countries where experience demonstrates
low rates of fraud in entering the United States are allowed to enter
without visas. These people merely need to show a passport from an eligible
country of origin. They are issued a special green I-94 card at the port
of entry and they are restricted to an absolute limit of 90 days in the
United States. Failure to abide by the 90 day restriction can lead to
serious consequences from which there is no appeal. This is an ideal way
to enter if a person is certain that the visit will not exceed 90 days;
if the length of stay is uncertain, it is not an advisable mode of entry.
The 90 days cannot be renewed by traveling to a contiguous country,
such as Canada, and re-entering. Current visa waived countries:
Andorra, Australia, Austria, Belgium Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg,
Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino,
Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
B-1 Visa - Business Visitors
The B Visa applies to visitors for pleasure (B-2) and business visitors
(B-1). Individuals planning to come to the U.S. for short business visits
and employees of foreign companies coming to the U.S. on company business
intending to return to the home country after a short business visit
often use this visa. B-1 status encompasses a variety of business purposes
including attending board meetings, trainings, seminars, negotiating contracts,
setting up U.S. subsidiaries and investigating business opportunities among
many others. However, all these purposes are limited by certain requirements:
the visit must be of a defined duration and purpose - the longer the stay and
less defined the purpose, the more likely BCIS and Border control will question
the validity of the B-1 admission; all salary and remuneration must be paid by
the foreign company, not by the U.S. affiliate; the visitor must not engage in
"productive employment" in the United States, that is, work that could otherwise
be performed by a U.S. worker. This last provision is often the cause of
dispute and inquiry. Companies requesting individuals and employees to
apply for entry in this status must be prepared to convince consular
officials and border control agents at the port of entry that the person
will not be performing productive employment while in the U.S.
The B-1 visa is obtained through application at the U.S. consular post abroad.
At busy posts such as London, processing may take up to 10 days or more.
B-1 admissions are often of short duration and thus can be accomplished
just as well under the visa waived program discussed above, thereby avoiding
the need to apply for a visa at the consulate.
E Visa - Treaty Traders and Treaty Investors
The E visa can be very useful to the company starting up in America as its
purpose is to foster trade and growth of business between the U.S. and
countries with which the U.S. has treaties with 73 countries. Note that
some treaties are limited to trade, others to investment; most apply to
both trade and investment.
A. Treaty Trader (E-1) Requirements:
C. Processing Time and Portability:
These petitions are filed at the Service Center of CIS with jurisdiction
over the place of employment. Processing times vary widely from center
to center and from time to time.
Premium Processing is a procedure by which processing may be accelerated
to a matter of a few days, and is recommended in urgent circumstances.
BCIS applies an additional fee of $1000 to premium process a case.
Employers should note that when hiring someone who is already in the U.S.
in H-1B status, premium processing may not be necessary as the employee
already granted H-1B status can 'port' to the new employer upon the filing
of the new petition. The parties need not wait for approval for the person
to start working.
L-1 Visa - Multinational Executives, Managers, and Specialized Knowledge
The L-1A or L-1B visa holder is known as the Intracompany Transferee.
The Intracompany Transferee (IT) must have been continuously employed
abroad by a qualifying organization for one year out of the past three years
preceding application for admission. The IT can either be a Manager or
Executive, L-1A, or one with specialized knowledge, L-1B. One may move
from one IT category abroad to a different IT category in the US.
A qualifying organization is a firm, corporation or entity which is a
parent, branch, affiliate or subsidiary of a U.S. company with which it
regularly conducts business. The size of the organization is irrelevant.
A. H-1B versus L-1:
In contrast to H-1B, the L-1 program does not have onerous Department
of Labor baggage: prevailing wage restrictions, posting notices, or the
public inspection file. It does not impose additional requirements on
organizations deemed dependent upon foreign labor as does the H-1B program.
Further, the L-1 program does not have the BCIS specialty occupation
requirements in which the degree issue is pivotal regardless of
qualifications, nor does it set numerical limits on the number of
visas issued each year.
B. L-1A Manager or Executive Requirements:
1. Manager Qualifications:
Manages organization, department, subdivision, essential function or
component; supervises and controls work of other supervisory, professional,
or managerial employees, or manages an essential function; has authority to
hire and fire. First line supervisors are not considered managers.
2. Executive Qualifications:
Directs management of the organization or a major component; establishes
goals and policies; and receives only general supervision or direction
from higher level executives, board of directors or stockholders.
3. Time Limitations
Managers and Executives are limited to 7 years in L-1A status.
Time in H-1B status counts toward the limit.
4. Advantage
The L-1A program serves as an excellent platform to file for permanent
residency under the first employment preference: Multinational Executives
and Managers.
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C. L-1B Specialized Knowledge Requirements:
