A visa with dual intent allows a foreign national to be present in the United States with the intention of becoming a permanent resident. Most visas require that the applicant intends to eventually return to their home country. Therefore, attempting to adjust your status while on that type of nonimmigrant visa can have a detrimental effect on your immigration possibilities. Nonimmigrant Intent Before receiving a visa, an applicant must make clear their intention to the consular office. If they are not truthful it could be considered fraud and this could have a long-term negative effect on their status. Every consular office presumes that someone is an immigrant unless they can establish nonimmigrant intent. To prove nonimmigrant intent, an individual should show that they have a permanent residence in their country that they have not abandoned. They should also show that they do not intend to permanently immigrate to the United States and that they are simply visiting the country. Other factors considered include family and…Read More
Under the Trump administration, it is becoming more difficult for foreign-born athletes who want to work or live in the United States. These athletes are among the thousands of prospective immigrants who claim that they have exceptional levels of achievement. They face the hurdle of the administration’s efforts to more tightly control immigration. P Visas P visas allow athletes and artists to live and work in the United States for the duration of their visas. P visas also allow spouses and children of these individuals to live in the U.S. In addition, a P visa can allow for coaches and trainers to accompany the P visa holder. Under the Trump administration, P visa holders have had to jump through more hoops to get approval. From the end of the fiscal year 2016 to the fiscal year 2019, the share of petitions that have been asked to provide additional evidence has gone up approximately 20%. The administration has taken a hardline approach to establishing who is…Read More
Foreign investors have different options when it comes to moving to the United States. Among the best ways are E-2 visas and EB-5 green cards. Each of these avenues have different requirements and your choice will depend on your individual situation. E-2 Visa Requirements In order to be eligible for an E-2 visa you must be from one of the treaty countries. You must invest substantial funds, generally around $150,000, and have at least 50% ownership in the business. You must also have a strong business plan and work on developing and directing the business. There are no quotas on E-2 visas and the processing time is fairly quick. However, there is no long-term certainty with an E-2 visa and they are only approved for up to five years at a time. However, they can be renewed indefinitely in five-year increments. The main advantage of E-2 visas is the speed of entry. EB-5 Green Card Requirements Nationals of all countries are eligible for EB-5 green cards,…Read More
For years, businesses have focused on using the H1-B visa in order to get highly talented employees to the United States. However, since early 2017, obtaining work authorization as a highly-skilled employee has become more difficult. Over recent years there have been significant delays and an increase in denials. Applicants must also overcome the hurdle of being selected in the lottery for visas. In the wake of these issues, there is a visa that many businesses have overlooked that is being underutilized. The O-1, extraordinary ability visa may be available to many highly skilled professionals and should be a consideration. This visa is the closest the United States has to a merit-based visa. Unlike other visas the O-1 visa focuses on an individual’s past proven ability. Underutilization According to State Department statistics, there are a comparatively small number of O-1 visas processed in the United States. In 2018, only 16,904 O-1 visas were processed. In comparison, there were 179,660 H1-B visas processed and 74,388 L-1 visas…Read More
When an athlete is granted a P visa to come to the United States to compete, they frequently require the services of their coach or trainers. It can be essential to an athlete’s performance to have these individuals accompany them. Support Personnel A trainer or coach may be able to obtain a P1-S visa if they are considered essential support personnel. Individuals who may be considered essential support personnel include coaches, trainers, referees, nutritionists, translators, scouts, and other team officials. A single professional athlete may require multiple individuals as essential support personnel. The individual must be considered necessary for the performance of the athlete who is traveling to the United States. Support personnel can travel with a P-1 athlete as long as they can demonstrate that: The individual is an integral part of the athlete’s performance The individual performs support services that cannot be easily performed by a worker in the United States Required Documentation In order to obtain P-1S visas for coaches and trainers,…Read More
If you are a foreign company looking to open a new office in the United States, then an L-1 visa can be a very useful tool. L-1 visas can help you bring over the necessary managers, executives, and employees with specialized knowledge that you need to successfully open a new office. New Office Requirements A new office means an organization that has been doing business in the United States through a parent, affiliate, branch, or subsidiary for less than one year. Requirements for opening a new office will depend on whether you are utilizing an L-1A visa or an L-1B visa. L-1 visas are initially available for one (1) year but can qualify for extensions. To open a new office, there is no requirement of minimum capital investment. An investment that is appropriate for the type of business is sufficient. L-1A Visas For Managers And Executives If the beneficiary of the L-1 visa is coming to establish the new office as a manager or executive,…Read More
P visas are a temporary nonimmigrant employment visa that is granted to foreign athletes and entertainers. It is also available for spouses and children and support personnel. P visas are a useful tool for athletes and entertainers who want to play or perform in the United States. However, even if you are an athlete or an entertainer, a P visa is not guaranteed. There are some common reasons for a P visa denial. Insufficient Documentation In order to qualify for a P visa, an applicant must demonstrate that they are an internationally recognized athlete or an entertainer or artist recognized for excellence in their field. In order to ensure that your P visa application is complete, you must provide evidence that you meet these qualifications. If the evidence and documentation presented is insufficient to meet the standard, then your P visa application may be denied. Failed To Meet The Eligibility Requirements For The P Visa Qualifying for a P visa requires that you are an…Read More
When you file an application for residency in the United States under the Violence Against Women Act (VAWA), you must provide evidence establishing that you meet the eligibility requirements. There are a number of different types of evidence that can help your application. Personal Declaration You must submit a detailed declaration describing your relationship with the abuser. You must also include other details regarding your eligibility. The declaration should include details about how you met the abuser and how the relationship progressed. It may be painful, but details about the abuse should also be included. You should also describe why you are a person of good moral character. Evidence Of Good Moral Character You should include police clearance records from any place you lived for more than six months in the past three years. They show that you have not been convicted of a crime and help demonstrate that you are a person of good moral character. You can also include declarations from friends, family,…Read More
There are many ways to become a citizen or obtain a green card in the United States. One of these ways is to invest money in U.S. projects. The EB-5 program allows immigrants who invest $500,000 or more in U.S. projects to obtain green cards as long as these investments created ten or more jobs. This has become a very popular program in recent years and has resulted in millions of dollars of investment in the United States. It is also a helpful tool for U.S. developers and businesses. What Is The EB-5 Visa Program? The EB-5 visa, also known as the golden visa, provides green cards for individuals who invest $500,000 or more, depending on the location, in projects in the United States. In order to qualify for an EB-5, the investment must result in ten or more jobs being created. The jobs created must last for at least two (2) years. Those who invest are able to use the program to obtain green cards for…Read More
An O1 visa is available for those individuals who have extraordinary ability and have demonstrated excellence in their field. Individuals who qualify for O1 visas can come to the United States with their spouses and children. Spouses and children are issued O3 visas. Eligibility For O3 Visa In order to qualify for an O3 visa, one must prove that they are the spouse of an O1 visa holder and must provide sufficient evidence to prove this fact. In addition, you must not be inadmissible based on your criminal history or on health grounds. There are two filing options available for an O3 visa based on whether you are in the United States or in another country. Application Process If you are already in the United States, you can file your O3 petition along with your spouse’s O1 visa petition. The petition will be filed by the employer sponsoring your spouse’s petition. If you are already on a valid independent nonimmigrant status, you can file to…Read More