In this video, we touch on a very common question: what are the possibilities of changing your status after a visa overstay?
If a person comes to the United States on a visa, whether it is a tourist visa or a student visa, there is a duration of stay that is attached to the visa. To determine the amount of time you are allowed to remain in the United States you must obtain your I-94 arrival/departure record from the CBP website.
If you entered the United States on a tourist visa you can typically stay for up to six months, and you can extend your stay for another six months. During your initial authorized stay, you may change your status to another category such as a student or investor visa. Once you have overstayed and essentially lost your legal status, it is very difficult to change to another legal status.
In this video we discuss how you can get an E-1 treaty trader visa without trading actual goods.
To qualify for an E-1 Treaty Trader Visa you must be a citizen of a treaty trader country involved in international trade
You must be coming to the U.S. to carry on substantial trade or to develop and direct the operations of an enterprise that is a commercial trader with your country of nationality
The trade must be conducted principally between the U.S. and the treaty country
The U.S. enterprise must conduct more than 50% of its total trade volume with the treaty country
The trade may be of a good, commodity, services, or technology
If you are the owner of patented technology in your treaty trader country for example you may qualify for the E-1 treaty trader visa. To qualify for the E-1 visa, you do not need to have actual goods coming from the treaty country to the U.S., in this case the E-1 treaty trader visa can be obtained by showing that a form of technology along with the rights will be developed in the U.S.
This was the exact situation of our client, an Israeli national who owned patented technology for physical exercise equipment, designed and licensed in Israel, but produced in China. To overcome the fact that the equipment was produced in China using Israeli technology, our office made sure to establish that the rights to build the products in China had to be approved and signed off by the company in Israel which owned the patent. In addition, our office strengthened the case by furnishing the agreements between the Israeli company and the manufacturing facility in China, to show that although the product was being manufactured in China, the Chinese facility was in fact controlled by an Israeli designer to ensure quality control and compliance with the Israeli technology owned by our client. Finally, we showed that the majority of the funds to finance the operation was coming from Israel, the treaty trader country, and documented how the product would be coming to the United States.
The J-1 is a very popular visa that is administered by the State Department, not USCIS.
How does it work and who qualifies for the J-1 Cultural Exchange Visa?
The J-1 visa allows individuals such as students and trainees to come to the United States to receive practical training or participate in an internship program, to gain experience in a particular field of study, and take that experience and skill set back to the country of origin. The practical training or internship program should be one that is not available in the individual’s country of origin. The J-1 cultural exchange visa program allows the foreign national to obtain experience that they would not have otherwise obtained in their home country.
The J-1 visa requires a third-party sponsor that controls and supervises the J-1 program that the foreign national will participate in, while the State Department administers the filing process of the J-1 visa. The third-party sponsor also ensures that the foreign national will return to their country of origin at the conclusion of the cultural exchange program.
What types of training programs can foreign nationals participate in with this visa type?
Foreign nationals may participate in the J-1 cultural exchange visa program as au pairs, scholars, researchers, trainees, and professionals.
The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities, for a specified period of two years subject to renewal. Investment activities include the creation of a new business. Foreign nationals must invest a substantial amount of capital in a new or existing business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
Who can get it?
Only foreign nationals from treaty nations may apply for the E-2 visa. To find out if your country qualifies, click here.
Level of Investment
Therefore, the level of investment must be such that it is sufficient to justify presence of the treaty national in the United States. The investment must be in an operating business e.g. a speculative investment in undeveloped land would not qualify, whereas an investment in a real estate development project probably would. Also, a substantial part of the investment must have been made prior to applying for E-2 status.
By now you know that the H-1B cap has been reached for Fiscal Year 2019. But what happens if you were not selected in the H-1B visa lottery?
In this post, we will discuss some alternatives to the H-1B visa that will allow you to stay and work in the United States.
The O-1 “Extraordinary Ability” Visa:
This visa type is for aliens of extraordinary ability in the sciences, education, business, athletics, motion picture, television, or arts industries who have received national and/or international acclaim in their field. An alien on an O-1 visa may live and work in the United States for a period of up to three years.
An O-1 visa is a great visa for people in the start-up world and technology sector. This visa is for people holding an advanced degree (at least a master’s degree) who have either started their own business, have patented inventions, are leading experts in their fields, and/or have gained notoriety in their fields as evidenced by awards and other national recognitions.
TN Visa for Mexican and Canadian Nationals
The TN visa allows nationals of Mexico and Canada to work in the United States, provided their profession is on the NAFTA list. The maximum period of initial admission to the US is three years, but visa holders may apply for extensions in amounts of one year.
E-3 Visa for Australian Nationals
Similar to the H-1B visa, the E-3 classification allows Australian nationals to travel to the United States to work in a specialty occupation. Applicants must have a bachelor’s degree or its equivalent to qualify and must work in a specialty occupation often associated with the STEM occupational fields. The E-3 visa is issued for an initial period of no more than 2 years, with extensions granted in 2-year increments.
These occupations have been repeatedly denied over the years during H-1B filing season.
Marketing Manager: It is very difficult to receive an approval with this occupation because USCIS has claimed that on the Occupational Outlook Handbook (OOH), the occupation of marketing manager does not require the individual to have a specific degree or a bachelor’s degree at all.
Business Development Manager: This occupation falls under the Market Research Analyst category. We have seen quite a few denials associated with this occupation within the past 2 years. It is difficult to receive an approval for market research analysts, and the rate of requests for evidence issued for this occupation have increased tremendously.
Legal Technical Writer/Technical Writers: We have seen increasing denials associated with this occupation since the last filing season. Extensions have also proved difficult to receive for this occupation. The common reason for denying this occupation is also that the OOH does not require the individual to have a specific degree or a bachelor’s degree at all.
Computer Programmer: Based on recent memos issued by USCIS it is very difficult to receive an approval for this occupation because USCIS does not think that a bachelor’s degree is required for this position.
Financial Analyst for Business: We have seen denials for financial analysts seeking to work for a business that isn’t involved in the financial sector. This applied in a situation where the beneficiary was seeking a financial position within a large restaurant. In this situation, USCIS has questioned whether the degree is a specialty occupation because although the position requires a bachelor’s degree, within the restaurant industry it is not common to require a degree for the position.
Sales Positions: It is very difficult to receive an H-1B for a sales position. We would recommend reconsidering applying for the H-1B visa, or changing your position based on your job description.
Arts and Fashion: Positions that are not specifically geared toward fashion design or graphic design are increasingly scrutinized by USCIS.
If you have questions regarding your H-1B position, please contact our office for a free consultation.
0:18 – Tip number 1: Make sure make sure that your education matches the job that you’re applying for.
1:08 – Tip number 2: Make sure that the job itself requires a degree.
1:50 – Tip number 3: Understand what is the salary that is required to be paid for this position.
2:38 – Tip number 4: Make sure that the application that is filed is highly organized.
3:55 – Tip number 5: Send the application to the correct address.
In this video attorney Jacob Sapochnick discusses his top tips for filing a successful H-1B visa this H-1B season.
Remember that USCIS will begin accepting H-1B petitions subject to the FY 2019 cap on April 2, 2018. The filing period is expected to end on April 6, 2018.
Step One: Make sure your education matches the job duties required by the employer who will be sponsoring your H-1B petition. If your degree is unrelated to the position, you will not qualify for the H-1B visa, unless you have extensive work experience directly related to the position. It is very difficult to gain approval if your degree is not related to the position you will be filling.
In this video, our client Raluca from Romania speaks about her unique experience working with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.
For more information about the services we offer please visit our website.
We would like to wish you and your families happy holidays and all the best in the new year. What are your new years resolutions? We would love to hear them. Thank you for trusting our office to handle your immigration needs. If you would like to learn more about the services we offer please visit our website. To schedule a free first time consultation, please contact our office.
In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.
Why do you want to live and work in the US?From INSEAD 🇫🇷 France