Under the Violence Against Women Act (VAWA), individuals who demonstrate that they have been the victims of abuse or eligible to obtain green cards. VAWA green card holders are also eligible to apply for citizenship. In some cases, VAWA green card holders can apply for citizenship after three year instead of the usual five years. Spouses Of United States Citizens If you are the abused spouse of a United States citizen, then you may be eligible to apply for citizenship three years after you obtain your green card. You will not be required to show that you are still residing with the citizen spouse. It also doesn’t matter if you are still married or divorced from the citizen spouse. You can also apply after three years as a legal permanent resident even if your citizen spouse has died. This is an important benefit of the VAWA green card. Spouses of U.S. citizens that seek naturalization have to wait five years after obtaining their green card.…Read More
O-1 visas are more flexible than other nonimmigrant visas. However, there are work restrictions and limitations that you should be aware of in order to make the most of your status. O-1 Visa An O-1 visa is a nonimmigrant visa that is available for those individuals who demonstrate extraordinary ability in their field. There are O-1A visa for those whose fields include science, business, education, and athletics. An O-1B visa is available for those individuals who are in the motion picture or television industry. There are strict standards that must be met in order to qualify for an O-1 visa. Work Restrictions Although an O-1 visa is fairly flexible, there are still a number of work restrictions, including: You Cannot Sponsor Your Own Visa—an O-1 visa application can only be sponsored by a United States employer or an O-1 visa agent. There must be a contractual agreement between the O-1 visa holder and the agent. Changing Employers—while an O-1 visa holder can work for multiple…Read More
An E-2 treaty investor visa is a nonimmigrant visa that allows foreign nationals that have treaties with the United States to come to this country if they invest. It is an investment visa that encourages investors to build businesses in the United States. There are a number of advantages to the E-2 visa but there are also questions regarding taxes. Do I Have To Pay Taxes If I Have An E-2 Visa? As long as you earn income in the United States, whether you are a citizen, an immigrant, or a nonimmigrant on a visa, you are required to pay taxes. Therefore, as an E-2 visa holder you will have to pay taxes. However, the amount of taxes you pay will depend on your status, your country of origin, and other factors. Under United States tax law, nonimmigrant visa holders are split into two groups. They are resident and nonresident aliens. Several factors, including the length of your stay in the United States, will determine…Read More
The number of L-1 visas being rejected has gone up over recent years and there is currently a temporary suspension on the issuing of these visas. Still the news isn’t all bad. These visas will be available again and they may be the right move for your business to expand in the United States. Advantages Of An L-1 Visa There are two types of L-1 visas that are useful for nonimmigrant intracompany transfers. The L-1A visa is available for those individuals in managerial or executive positions. L-1B visas are for those in positions that require specialized knowledge. L-1 nonimmigrant visas allow a company to transfer an executive or manager, or a professional employee with specialized knowledge, from one of its affiliated foreign offices to an office in the United States. This visa is also useful as it allows a company that does not yet have an affiliated office in the United States, send executive or managers over to establish a new affiliated office. In order…Read More
In recent years it has become harder to immigrate to the United States. Added restrictions have been placed by the Trump administration on many visa categories and visa denials have doubled over the last few years. These changes have altered the demographics of the workforce and artistic community in the United States. Included among the types of visas that are more difficult to get are the O-1 visas. O-1 Visa Process O-1 visas are available for those who demonstrate extraordinary ability in their field. They are reserved for those individuals who have shown outstanding achievements. Applying for an O-1 visa is not any easy process. If you have obtained a special achievement such as a Nobel prize or an Academy Award, then you should have no problem applying for an O-1 visa. However, some applicants rely the other criteria available to demonstrate their extraordinary ability. In these cases, the decision is made by an immigration officer and can be somewhat subjective. All of your evidence…Read More
You are not required to have an attorney when you begin the visa application process. In fact, USCIS provides information and guides on its website that can help you through the process. However, when applying for a visa, it’s important that you get everything right. There many requirements and steps to be followed and hiring an attorney can help you put together the best application. Figuring Out Your Options Not sure which visa is a right for you? An attorney can look at your situation and help you look through your options. Looking at things creatively may mean that you have visa options you never considered before. You could qualify for multiple visas and an attorney can help you determine which one best for you or which one has the fastest application process. Overwhelmed By Paperwork And Deadlines? Even the simplest visa applications require extensive paperwork and important deadlines. It can be confusing and easy to miss something that may derail your application. You can…Read More
A TN visa is a nonimmigrant visa and is an abbreviation of Trade NAFTA. It is a visa that allows citizens of Canada, as NAFTA professionals, to work in the United States in prearranged business activities for the United States or foreign employers. It is a special classification that is part of the North American Free Trade Agreement (NAFTA), which created special economic and trade relationships. Who Is Eligible For TN Visa? In order to qualify for a TN visa, you must intend to perform business activities in the United States at a professional level. You must be a citizen from Canada and must be skilled in a profession. Some examples of qualifying professions include: Accountant Engineer Scientist Lawyer Medical Professional Teacher Your profession must qualify under regulations, and the position available in the United States must require a NAFTA professional. You must have a prearranged full-time or part-time job with a United States employer. Self-employment does not count. You must also have all of…Read More
The first step when seeking an employment-based nonimmigrant visa in the United States is determining which visa is right for you. An experienced immigration attorney can help you weigh the options. You may be deciding between the O-1 visa and the H-1B visa. Each of these two visas has its own unique characteristics and requirements of which foreign nationals and employers should be aware. O-1 Visa An O-1 visa is available for those individuals who demonstrate extraordinary ability in their field. They should be well known internationally for their achievements in fields such as science, art, education, athletics, or business (O-1A vis). The O-1 visa is also available to those individuals who have demonstrated outstanding achievement in motion pictures and television (O-1B visa). An O-1 visa has a long list of evidentiary requirements that are necessary to establish extraordinary ability that must be met by every applicant. Essentially, it is a visa that is available for individuals who can prove that they have risen to…Read More
O-1 visas are available for those individuals who demonstrate extraordinary ability in their field. One of the most common misconceptions about O-1 visas is that it must be tied to a specific employer. Although the term “employer” is often used when referring to O-1 visas, you don’t necessarily have to be an employee to obtain the visa. You can obtain an O-1 visa as an independent contractor sponsored by an agent. Obtaining An O-1 Visa As An Independent Contractor You can obtain an O-1 visa as an independent contractor. However, it is important to keep in mind that you must meet the same criteria as any other O-1 visa applicant. You must demonstrate that you have extraordinary ability in your field. In addition, you cannot petition for your own O-1 visa. In general, all O-1 visa applications must be sponsored by a legal and operating United States-based organization or agency. As an O-1 visa holder, you may only obtain work through the organization or agency…Read More
A P-1A visa is a nonimmigrant visa available to athletes who are coming to the United States to participate in their sport. If you are an athlete or the representative of an athletic team, then the P-1A visa is designed for you. However, there are some important requirements in order to qualify for a P-1A visa. Outstanding Athletes The P-1A visa was designed for individual athletes or teams who can demonstrate international recognition and distinction in their sport. An experienced immigration attorney can help you establish your record of recognition. When filing a petition, it will be necessary to include paperwork demonstrating that you or your team are known in more than one country as a highly-qualified member of your sport. USCIS Requirements Along with your petition, you must include a number of different documents. You will need a written strategy session from a sport-appropriate labor organization. The strategy session is an advisory opinion discussing the athlete or team’s distinctions and supporting a claim of…Read More