The United States Immigration and Nationality law provides various categories of non-immigrant or temporary visas for entering the U.S. At the Patel Law Group, our knowledgeable immigration attorneys can guide you through understanding the visa options available to you and assist you in the application process. We frequently handle H-1B visas, which are a popular type of work-related visa, but we also cater to tourists, students, and other visitors seeking non-immigrant visas.
Understanding the H-1B Visa Process
The majority of work-related visas necessitate that the employee is sponsored by a qualified U.S. employer. Throughout the visa application process, the employer must submit a petition for the employee. Additionally, the job position that the employee is intended to occupy must comply with stringent criteria; typically, the immigrant employee needs to possess a bachelor’s degree or be taking on a role that customarily demands a skill level and experience comparable to that of a bachelor’s degree. Furthermore, an H-1B visa number must be available at the time the petition is submitted, unless there is no numerical cap associated.
Other Types of Non-Immigrant Visas
Our firm primarily specializes in H-1B work-related nonimmigrant visas, but we also assist clients with various other nonimmigrant visa applications. Continue reading to discover how we can support your journey to immigrate to the U.S. as a non-citizen.
Work-Related Visas
The H-2A and H-2B visas cater to temporary employment needs. H-2A visas are designated for temporary agricultural workers performing jobs not available in the U.S., while H-2B visas are for unskilled temporary workers in other sectors. The H-3 visa is intended for trainees and generally permits a stay of up to two years. For those in specialty occupations, the H-1B visa permits an initial stay of up to three years, extendable to a maximum of six years. Similarly, the E-3 visa shares characteristics with the H-1B but is exclusively available to Australian citizens, with the added benefit that spouses of E-3 visa holders can work in the U.S. without any restrictions.
Media & Journalist Visas
Individuals traveling to the U.S. to cover news or collect information for media purposes can apply for an I-visa. This category encompasses film crews, journalists, production companies, freelance reporters, and others involved in similar activities. However, it is important to note that an I-visa is not permitted for filming content primarily intended for commercial, entertainment, or advertising purposes.
Student Visas
An F-1 visa is intended for students enrolled in academic or language training programs and permits them to stay for the “duration of status.” Meanwhile, an F-2 visa enables the spouse and children of the F-1 visa holder to stay in the U.S. for the same time frame. Conversely, an M-1 visa is meant for students pursuing vocational or specific non-academic courses, and an M-2 visa allows their spouse and children to stay with them.
Cultural Exchange Program Visas
The Q-1 visa caters to individuals taking part in an international cultural exchange program and permits a stay in the United States for up to 15 months. Applicants need to be at least 18 years old, involved in an international cultural exchange initiative, and possess the necessary training and education to deliver expected services and share their native culture with the U.S. populace.
Religious Worker Visas
R-1 visas are given to temporary religious workers who intend to come to the U.S. for a short period to perform religious duties. To be eligible, you must be employed by a non-profit religious organization in the U.S. or an affiliate of such an organization, travel to the U.S. to take on a religious role, and have been a member of the same denomination as the organization you aim to work for, for a minimum of 2 years.
S Visas
To obtain an S visa classification, a request must be submitted by a law enforcement agency or court. This visa can be granted to foreign nationals who are deemed criminal or terrorist informants, as well as to their accompanying family members.
Diversity Visa (DV) Program
The Diversity Immigrant Visa Program offers up to 55,000 visas annually. Applicants, who must meet stringent criteria and come from countries with low immigration rates to the United States, are chosen randomly from all entries.
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