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All kinds of Visas PDF Print E-mail
DIFFERENT KINDS OF VISAS

A-1:  ambassadors, public ministers, career diplomats, consular officers and the spouses, children and parents of such persons.

A-2:  accredited officials and employees of foreign governments and the spouses, children and parents of such persons.

A-3:  attendants, servants and personal employees of officials and employees who hold A-1 or A-2 visas and the spouses, children and parents of such persons.

B-1:  up to six months for persons entering the United States to conduct business affairs such as: consulting with clients, meeting with business associates or attending professional, scientific or religious conventions.  B-1 visitors are allowed to receive money for expenses in the U.S., but they cannot be paid a salary by an employer in this country.

B-2:  for a stay of up to six months for persons entering the United States for reasons of leisure or pleasure such as:  tourism, amusement, visiting friends or relatives, rest, medical treatment and activities of a social or service nature.  The B-2 visa can also be utilized by a non-spousal partner (including a same-sex partner) of a principal E, H, or L visa holder for the duration of that person’s stay.

C:  people who are in immediate and continuous transit through the United States.  This visa is most frequently issued to persons who come to the United States to join the crew of a ship.

D:  persons employed on international ships or airlines as crew members and provides for a stay of no more than 29 days.

E-1:  an indefinite period of stay to persons who perform substantial trade between the U.S. and the foreign state, where that person is a national and, where the U.S. has a treaty providing for such a visa.

E-2:  for an indefinite period of stay to persons who develop and direct the operations of an enterprise in which that person has invested a substantial amount of capital, and where the U.S. has a treaty providing for such a visa.

F-1:  full-time students who are admitted to an academic or language training program.  Applicants must provide proof of the financial support needed for educational and living expenses, must retain a residence outside the U.S., cannot work more than 20 hours a week at an on-campus job or spend more than one year of practical training after completion of courses.   The U.S. government may issue additional employment authorization to students if severe unforeseen economic hardships arise after coming to the U.S.

G:  representatives of international organizations such as the United Nations and the World Bank.

H-1B:  “specialty occupation workers”, which include fashion models or professionals who hold a license necessary to practice their profession in the U.S.

H-1C:  professional nurses.

H-2A: agricultural workers providing agricultural labor or services of a temporary or seasonal nature.

H-2B:   workers coming temporarily to the United States to perform nonagricultural work of a temporary or seasonal nature, if unemployed persons capable of performing such service or labor cannot be found in this country.

H-3:  These visas are available to persons with traineeships in the United States. To qualify for this visa, the applicant’s traineeship must not be available in his or her home country and must not displace a citizen from his or her regular employment.

H-4:  spouses and children of H1, H-2 and H-3 visa holders. 

I:  to bona fide representatives of the foreign press, radio, film or other foreign information media.  I visas allow a period of stay for up to one year.

J:  trainees, students, professors, research scholars, non-academic specialists, foreign physicians, au pairs, and summer students in travel/work programs.  Some visa recipients must return to the country of their last residence for two years after their visa expires before obtaining any subsequent visas.It is possible, but difficult to obtain a waiver of the two-year residency requirement following a J visa.  To obtain a waiver, you must prove that:  you have experienced persecution in your home country and are afraid to return; your leaving will cause exceptional hardship in the United States citizen or legal permanent resident spouse or child; or granting the waiver is in the public interest of the U.S., and that your home country has no objection to the waiver.

K-1:  fiancée  or fiancé of a United States citizen.  K visa holders must marry within 90 days after admission to the United States.  K-2 visas are available to K-1 visa holders’ minor children.

K-3:  persons who have a valid marriage to a U.S. citizen and who have filed for, but not yet received, permanent residence in the United States. 

L-1A:  persons who have worked at least one of the previous three years for a parent, affiliate or subsidiary of a U.S. company.  The visa requires that the individual work as a manager or executive and is issued for a maximum of seven years.  Additionally, the applicant must seek to enter the U.S to continue work for the same employer or its affiliate or subsidiary.

L-1B:  persons who have worked at least one of the previous three years for a parent, affiliate or subsidiary of a U.S. company.  The visa requires that the individual work in a capacity that requires specialized knowledge and is issued for a maximum of five years.  Applicants must seek to enter the U.S. to continue work for the same employer or its affiliate or subsidiary.

M:  students intending to pursue short vocational or technical study programs.  Employment authorization for practical training is limited to six months and students cannot change to an F-1 student visa or to an H-1b temporary work visa if the training on the M visa is the basis of application for the H visa.

O:   individuals with extraordinary ability in science, art, education, business or athletics, who have documented a very high level of achievement in their field.  To obtain this visa, the applicant must establish prominence in their field and include a written advisory opinion from a leading organization in the field, if such an organization exists.

P:  persons who perform as athletes either individually or as part of a group or team at an internationally recognized level of performance.  P visas are also available for persons who perform independently or are an integral part of an entertainment group with international recognition.

Q:  persons involved in an international cultural exchange program for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the person’s nationality.  Q visas permit a stay of up to 15 months.

Q-2:  persons under 35 from Northern Ireland or from the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, or Donegal in the Republic of Ireland for the purpose of earning training, employment and the experience of coexistence and conflict resolution.  Q-2 visas permit a stay of up to 36 months.

R:  persons who intend to work in a professional capacity in a religious occupation such as clergy, missionaries and religious broadcasters.  Applicants for R visas must have been members of a religious denomination that has had a bona fide non-profit religious organization in the U.S. for two years immediately preceding the application.  It is not necessary that the person be employed with the religious denomination prior to the application.  R visas permit a stay of up to five years.

S-1:  informants who are willing to supply information to law enforcement authorities on criminal organizations; and considered integral to the investigation or prosecution of such organizations by the Attorney General.

S-2:  available to informants who are:  willing to supply information to law enforcement authorities on terrorist organizations; placed in danger by providing such information; and deemed eligible for the visa by both the Secretary of State and the Attorney General.

T:  available to victims of severe trafficking of persons such as sex trafficking , involuntary servitude and slavery, who agree to assist in investigating such trafficking (or who are under 15 years old) and who would suffer extreme hardship if they were removed from the United States.

U:  persons who:  have been victims of rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; possess information concerning these crimes; is helpful in providing such information; and violated the laws of the U.S. or occurred inside the U.S. or U.S. territory.

V:  the spouse or children of lawful permanent residents in the United States if the permanent resident has filed an Alien Relative Petition for their spouse or child and the petition is pending for more than 3 years, or has been approved but legal status has yet to be issued.

 
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LCA/Public Access File Compliance and Audits
Mergers and Acquisitions
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Naturalization
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Mandamus and 1447(B) Complaints
I-601 Immigrant Visa Waiver
INA 212(d)(3) non-immigrant Visa Waiver
I-212 Readmission after Removal

Immigrant and Non- Immigrant Visas

Family Based Immigration: Employment Based Immigration: Temporary Work Visas: Other Visas:

Immediate Relative Petitions Spouse, Parents & Children of Citizens
Spouses & Children of Permanent Residents
Married Sons & Daughters of Citizens
Siblings of Citizens

VAWA (Victims of Abuse)

EB1A: Aliens of Extraordinary Ability
EB1B: Outstanding Researchers, Professors
EB1C: Multinational Managers, Executives
EB2 NIW: National Interest Waiver
EB2: Advanced Degree Worker (PERM – Labor Certification Based)
EB3: Professional / Skilled / Unskilled Workers (PERM – Labor Certification Based)
EB4: Religious Worker
EB5: Investor Visa

E1: Treaty Trader
E2: Treaty Investor
H-1B: Specialty Worker
L1A/L1B : Intra-company Transfers
O1: Aliens of Extraordinary Ability
P1: Athletes and Entertainers
R1: Religious Workers
TN: Professional Canadians and Mexicans

B1/B2: Business or Tourist Visas
F-1: Students at Academic Institutions
J1: Exchange Visitors – Home Residency Waivers
K1: Fiances of U.S. Citizens
U: Criminal Victims
Refugees: Political Asylum Seekers

 

Special Note for H1B and H4 Visa Holders

Since the passing of the 2010 Neufeld Memo (as amended), obtaining an H1B visa has become increasingly difficult for many, in particular, IT consulting companies, due to the additional documentary requirements. Additionally, US consulates, particularly those in India, have been creating additional requirements which are not authorized by any regulation, such as filing an amended petition when an H1B worker changes locations while still preserving the same position. USCIS has clearly stated in their policy memos/correspondences that in such cases, only a new LCA is required. Still, consulates seem to have created these requirements without the legal authority to do so, and for those who do not meet such requirements, there is a heightened likelihood of having the consulate place the case on hold under INA 221(g) for further administrative processing, and even possible revocation of the underlying petition. This causes extreme hardship over the petitioning companies and their candidates. This situation is worsened in cases of IT consulting firms’ H visas where non-lawyers are hired to prepare their H1B petitions and H4 petitions. Preparing an H1B petition is a matter of law, and you can only be best served by an experienced lawyer. Our law firm has handled hundreds of H1Bs successfully.

Moreover, if the H-1B visa is not well prepared, the spouses and children of the H1 visas holders are being denied an H4 visa stamp at the U.S consulate/embassy. Lately we have also noticed that many US lawyers are outsourcing their work to non-lawyers in other countries to prepare the application. This can be a dangerous practice resulting in practicing law without a license and eventually hurt the candidates who are expecting good service form a "real lawyer". It is also worth noting that because non-lawyers (immigration consultants) are not bound by the attorney's professional code, many tend to either be giving poor service, or even commit fraud on the application. Such behavior can create a situation which might eventually result in a finding of H1B fraud and bar the non-immigrant H1 visa or H4 visa holders from any future immigration benefits under INA 212(6)(c)(i).

At the Shah Peerally Law Group PC, we believe that you are better served by a legal team who are familiar with H1B cases and who sincerely want to help their clients. Whether you are an individual or a company who wants to file for H-1 visas or H-4 visas through an H1B transfer or a new H1B application, our law firm will make sure that your interests are well-served. We understand and appreciate that individual’s careers and in some cases, the future of their employer may well depend of obtaining approval on the petition.

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Attorney Shah Peerally is a California Immigration Lawyer offering immigration legal services in the San Francisco Bay area. As a Californian immigration attorney in the Bay Area, his law firm situated in Newark focuses on immigration laws with an emphasis on employment based immigration including but not limited to H1B visa, L1A visa, L1B visas, PERM Labor Certifications. His law firm in Newark, California also handles Family based petitions and VAWA petitions. H1B Immigration attorney Shah Peerally provides immigration legal services to clients in Northern California, Silicon Valley vicinity, and Southern California, including: San Jose, Fremont, Newark, San Francisco, San Rafael, San Mateo, Millbrae, San Bruno, South San Francisco, Oakland, Berkeley, Hayward, Pleasanton, Redwood City, Milpitas, Saratoga, Livermore, Richmond, Santa Clara, Palo Alto, Dublin California, Mountain View California, Mt. View California, Silicon Valley, South Bay, Campbell, Los Altos, Los Gatos, Sunnyvale California, Gilroy California, Los Angeles California, and San Diego California. In addition, we are an American Immigration Law Firm serving PERM Labor Certfication clients in USA

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