How Can i avoid extra processing when I get a us visa?

I believe you are referring to Administrative Processing. Is that right?

Administrative processing usually means a security clearance is being performed in Washington, D.C. A clearance is usually required when there is a hit returned on a name check or fingerprint scan. A “hit” occurs when there is a potential match in one of the government databases for a foreign national. Hits can occur due to name matches on various government lists; prior visa problems such as overstays or denials; or due to criminal arrests or convictions. Even a close name, date of birth, or place of birth match with someone who has a record could cause a hit. A security clearance can also be initiated based on certain answers on the DS-160 form or based on the Technology Alert List (“TAL”). The TAL is a list of sensitive technologies that have been identified as “dual-purpose” technologies, i.e., technologies with both civilian and military applications. TAL security clearances are performed in an effort to prevent the inappropriate transfer of such sensitive technologies or materials.

Unfortunately, there is usually no way to know in advance if further administrative processing will be required and there is no way to expedite the process. Applicants are first advised whether they need administrative processing at the conclusion of the visa interview.

Here's what the Department of State has to say about it:

Administrative Processing Information

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa, well in advance of the anticipated travel date.

Important Notice:
Before making inquiries about status of administrative processing, applicants or their representatives will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

Good luck!

Can you get an E3 Visa with a 1099 contract position?

In short, no. One aspect of the E-3 visa is the Labor Condition Application (LCA), which is filed with the Department of Labor.

With the LCA, the employer affirms that the E-3 position will meet the following requirements:

Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment;
Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers;
No Strike/Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and
Notice: Notify its U.S. workers that it intends to hire an E-3 nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment.

As you can see, the first requirement is that the employer will pay the required wage to the E-3 employee. This would be under a W-2. Determining the correct wage depends on a number of factors, including:

The type of job (see Standard Occupational Classification)
The location of the job (physical location of employment)
The amount of experience required (divided into four categories, as below)

This information is provided by the Foreign Labor Certification Data Center Online Wage Library. Here is an example.

This was run on January 17, 2018 for Software Developers, Systems Software in the San Francisco, CA area. As you can see, minimum wages range from $100,402/year to $153,774/year, depending on experience.

This example is only relevant to this occupation in this location — obviously the minimum wage varies based on the above mentioned factors.

I hope that helps.

Good luck!

When will the American family immigration reform bill pass? Where can I find its copy, status and other details?

The American Immigration Lawyers Association has a helpful page, open to the public, to track Senate activity on Immigration:

AILA - The Senate Debates Immigration Reform

Is a US green card holder guaranteed 10 years visitor visa if she surrenders her green card?

No guarantees in life, except for death and taxes.

It would depend on what kind of sales. If the nature of the item being sold is incredibly complex, and requires an advanced degree of specialized knowledge in order to be able to sell, that could qualify for an H-1B. For example, selling shoes, clearly wouldn’t qualify for an H-1B. Selling biomedical devices likely would qualify for an H-1B.

The job must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Is it possible to qualify as a salesman for an H-1B visa?

The H-1B visa is different from H-1B status. The H-1B visa is a travel document that allows you to seek entry into the United States in H-1B status. The H-1B visa is obtained through consular process outside of the U.S. You can request an H-1B visa at any time of year, but of course in order to do so, you require an approved H-1B petition.

In order to obtain an approval H-1B petition, you will need a U.S. employer to submit an H-1B petition to USCIS, the immigration service within the United States on your behalf. Under the normal H-1B process, H-1B extension petitions are exempt from the annual CAP. But this is only if the initial H-1B was previously subject to the regular annual cap and the beneficiary was already counted against an annual H-1B cap, or if another cap exemption applies.

If you have never held H-1B status before, unless the sponsoring employer is CAP exempt, you will need to enter the H-1B lottery, which opens the first week of April for employment to commence in October of the same year. However, note that nationals of Chile and Singapore have access to the H-1B1 visa, which avoids the H-1B CAP.

Can you apply for an H1B visa any month in a year or do you need to wait for the next year if you miss the April 1 date?

Although there is no new rule, but why is the uscis rejecting so many h1B visa extensions? many well-qualified people have to leave the us now.

There have been a number of directives from this administration that attack the H-1B program.

See here for example: Combating Fraud and Abuse in the H-1B Visa Program and more recently: USCIS Strengthens Protections to Combat H-1B Abuses Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions

This new direction is a direct result of the Buy American Hire American executive order, found here: https://www.whitehouse.gov/presi...

Here are some examples of the ways that H-1Bs are being impacted:

Rescission of Computer Programmer Memo (see here: https://www.uscis.gov/sites/defa...)
Premium processing service put on hold during H-1B filing season USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions
Massive increase in H-1B RFEs challenging Level 1 Wage or challenging “specialty occupation” (OOH says “most” employers require a degree or that a bachelor’s degree is “typically” required)

The service is targeting level 1 in a few different ways:

• Version one requires the petitioner to demonstrate that a Level 1 PWD is appropriate for the specialty occupation. These RFEs imply that although the position may be specialized, the wage 1 level of the PWD used to support the LCA was inappropriate, and that the LCA should have been supported by a PWD above Level 1.

• Version two implies that a Level 1 PWD is never appropriate for a specialty occupation. These RFEs usually find fault with characterizing any “specialty occupation” as “entry level.” To make this argument, these RFEs cite the DOL general definition of Wage Level 1, and over-focus on phrases from that definition such as, “have only a basic understanding of the occupation… perform routine tasks that require limited, if any, exercise of judgment.” The RFE then asks the petitioner to demonstrate that the position is a specialty occupation.

• Version three combines both issues.

For reference, here are the DOL explanations of the levels:

Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited, if any, exercise of judgment. The tasks provide experience and familiarization with the employer’s methods, practices, and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should be considered.

Level II (qualified) wage rates are assigned to job offers for qualified employees who have attained, either through education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the O*NET Job Zones.

Level III (experienced) wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained, either through education or experience, special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level III wage should be considered. Frequently, key words in the job title can be used as indicators that an employer’s job offer is for an experienced worker. Words such as ‘lead’ (lead analyst), ‘senior’ (senior programmer), ‘head’ (head nurse), ‘chief’ (crew chief), or ‘journeyman’ (journeyman plumber) would be indicators that a Level III wage should be considered.

Level IV (fully competent) wage rates are assigned to job offers for competent employees who have sufficient experience in the occupation to plan and conduct work requiring judgment and the independent evaluation, selection, modification, and application of standard procedures and techniques. Such employees use advanced skills and diversified knowledge to solve unusual and complex problems. These employees receive only technical guidance and their work is reviewed only for application of sound judgment and effectiveness in meeting the establishment’s procedures and expectations. They generally have management and/or supervisory responsibilities.

Is it possible to get an E2 visa by renting vacation homes in Florida?

The E-2 visa requires that you have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. So, for example, if you simply invest in property, this would not qualify, because it does not constitute a bona fide enterprise.

However, if you formed a property management business, that you developed and directed yourself, that was capable of proving income for more than just you and your family, that could qualify. In this example your business could employ people like: housekeepers, tour guides, sales associates, bookkeepers, etc.

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation (the list is here Treaty Countries)
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Marginal Enterprises

The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

What is the average fee for an immigration lawyer to help with an E2 visa?

While it's not ethical to discuss fees in an open forum, it's worth mentioning that the fees that you pay to the attorney should be considered as part of your investment.

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Attorney fees would be considered as part of the investment in the business. Here are some examples of legal work, the fees for which, would count as part of your investment:

incorporation
tax planning
employment counsel
immigration counsel

Good luck!

What are the opportunities a US H-1B visa will afford me if I have one?

The H-1B allows you to work for the employer who sponsored your H-1B. Without additional sponsorship, you are not entitled to work for any other employer or for yourself in your own business. In this way, the H-1B is more limited than permanent residence (the green card), because you remain tied to your employer. Once you hold permanent residence, you are free to work (or not work) as you see fit.

H-1B requirements are as follows

The job must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

If I am on H1B, can I readjust my status as DACA to get more flexible employer to employer mobility, will I be eligible for DACA if my family briefly overstayed visa in US when I was a kid?

Even if you could do this (which you can’t), it would be a terrible idea.

If you are looking for more flexibility, push for your employer to sponsor you for permanent residence (a green card). Once you have your green card, you are no longer tied to the employer.

Good luck!

What is the minimum salary required for an H-1B extension in 2018?

It depends on the following factors:

The type of job (see Standard Occupational Classification)
The location of the job (physical location of employment)
The amount of experience required (divided into four categories, as below)

This information is provided by the Foreign Labor Certification Data Center Online Wage Library. Here is an example.

This example is only relevant to this occupation in this location — obviously the minimum wage varies based on the above mentioned factors.

Will hiring the first employee before applying for a E-2 visa improve my odds of being approved even if it doesn’t make business sense?

Yes. One of the requirements of the business that underlies the E-2 visa is that it not be “marginal.” A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.

Therefore, having an employee is a great way to show that the business is not marginal.

It also helps to demonstrate that the business is a “bona fide enterprise,” which means a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

How can I immigrate to the US if I am a successful blogger?

The U.S. immigration system is currently based primarily on relationships. Therefore, in most cases, you need either an employment relationship, or a family relationship, in order to obtain an immigration benefit. However, there are some exceptions, these include: humanitarian relief options such as Asylum, the U visa, the T visa, etc.; the Diversity Lottery (if you are from a country with low levels of immigration to the U.S.); investment visa options, both EB-5 and E-2, and the I visa.

Without knowing anything about your situation beyond that you are a blogger, it’s difficult to make a helpful recommendation. However, you might have a look at the I visa and the E-2 visa. Beyond these, if you can obtain sponsorship from an employer in the U.S. you might think about the H-1B, the O-1, the J-1, the E-3, and/or the TN (all obviously depending on your skills and education as well as your nationality).

Here’s some information about the I visa.

You may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa, if you:

Represent a foreign information media outlet (press, radio, film, or other foreign information media)
Are coming to the United States to engage solely in this profession; and
Have a home office in a foreign country

Occupations under this category include reporters, film crews, editors, and similar occupations. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.

Eligibility Criteria

You must demonstrate that you are a bona fide representative of foreign media whose activities are essential to the functions of your organization. The consular officer at the U.S. embassy will determine whether an activity is qualifying in order to obtain a nonimmigrant visa.

Here’s some information about the E-2.

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Marginal Enterprises

Can someone who is waiting for their H1-B visa results get paid by a US company in another country (money would be sent abroad)?

At least from an immigration perspective, this is not an issue. Individuals who are not physically present in the United States are of no interest to United States Citizenship and Immigration Services (USCIS). Whether or not you are waiting to hear about the H-1B does not change this.

However, there may be other issues to consider, such as taxation.

What is considered an investment for an E2 visa?

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Is the E2 Visa suitable for entrepreneurs?

We had hopes that the International Entrepreneur Rule would provide a good option for entrepreneurs in the United States. Unfortunately, it looks like the International Entrepreneur Rule is not going to be an option for foreign entrepreneurs.

In the final days of the Obama administration, the Department of Homeland Security (DHS) promulgated the “International Entrepreneur Rule” (IER), a regulation which allows for the “parole” into the country of entrepreneurs. Parole is a mechanism by which U.S. Citizenship and Immigration Services (USCIS) can, on a case-by-case basis, temporarily allow someone to be physically present in the United States if there is a “significant public benefit.” The purpose of the parole process in the case of entrepreneurs is to give promising start-up companies the chance to conduct research and development and expand job-creating operations in the United States.

In July 2017, DHS delayed the effective date of this rule until March 2018, and in September 2017, the American Immigration Council filed suit. Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule (IER). On December 1, 2017, a federal judge ordered the Department of Homeland Security (DHS) to rescind its delay of this rule.

However, on November 17, 2017, a proposed rule to rescind the IER was sent to the White House Office of Management and Budget (OMB) for review. OMB review is typically the last step prior to publication of a proposed rule in the Federal Register.

It is therefore likely that the IER program is moribund.

In the absence of the International Entrepreneur Rule, the E-2 may be an option for entrepreneurs. The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

What do immigration lawyers think about the idea to cancel H-1B extensions while a green card application is pending? Does it fall under rule making by the president, or will Congress need to change the law for that to happen?

Fresh off the presses!

January 9, 2018: In a news update on January 8, 2018, the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a regulatory change to the H-1B extension rules, as had previously been reported in a December 30, 2017 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American” executive order, including conducting a “thorough review” of employment-based visa programs.

( http://www.mcclatchydc.com/news/politics-government/white-house/article192336839.html)

What is the percentage of H1B visas that get denied?

USCIS did recently publish some interesting data on the H-1B. Keep in mind, this is information about petitions that have already made it through the lottery.

According to USCIS:

In 2007, there were 314,621 H-1B petitions, and 246,035 approvals
In 2008, there were 285,475 H-1B petitions, and 219,264 approvals
In 2009, there were 246,126 H-1B petitions, and 183,850 approvals
In 2010, there were 248,272 H-1B petitions, and 192,276 approvals
In 2011, there were 268,412 H-1B petitions, and 207,253 approvals
In 2012, there were 308,242 H-1B petitions, and 240,440 approvals
In 2013, there were 299,690 H-1B petitions, and 232,978 approvals
In 2014, there were 325,971 H-1B petitions, and 259,812 approvals
In 2015, there were 368,852 H-1B petitions, and 307,129 approvals
In 2016, there were 399,349 H-1B petitions, and 348,162 approvals
In 2017, there were 404,087 H-1B petitions, and 298,445 approvals

In other words, the rates of approval were as follows:

2007 - 78%
2008 - 77%
2009 - 75%
2010 - 77%
2011 - 77%
2012 - 78%
2013 - 78%
2014 - 80%
2015 - 83%
2016 - 87%
2017 - 74%

As you can see, 2017 represented the lowest approval rate over the course of the last decade. Given this administration, it’s likely that the trend will continue.

Is DHS planning to stop the H-1B extension beyond six years using an I-140?

This administration is certainly unfriendly to immigrants, and as we’ve seen over the last year, will do as much as it can to harm immigrants, highly-skilled, undocumented, and everything in between.

Please take comfort in the fact that we do have a system that includes a balancing of powers among the Executive Branch, the Legislative Branch, and the Judicial Branch.

The ability to extend the H-1B beyond 6 years stems from the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), passed by Congress (our legislative branch). The executive branch, which includes the President, does not have the power to create laws, that falls to the legislative branch. The president carries out federal laws and recommends new ones. Congress’s main task is to make the laws. A major change to the AC21 would require an act of Congress.

You may ask, but what about all those programs he’s scrapped? Deferred Action for Childhood Arrivals (DACA)? Employment Authorization for H-4 spouses? Those programs did not stem from Congress, they stemmed from Obama-era Executive Orders. Unfortunately, #45 does have authority there.

An executive order is a directive from the President that has much of the same power as a federal law. However, where these orders appear unconstitutional, the Judiciary branch can step in, as it has in the case of the Travel Bans: https://www.washingtonpost.com/w...

In my opinion, the economic power and influence of FANG, or FAANG, or FAAMG (if you like) would render this kind of change political suicide.

EDIT January 8, 2018

Can a family member/friend, who owns a business file for an H-2B visa for me?

Maybe. It depends on the specifics of the case.

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
One-time occurrence – A petitioner claiming a one-time occurrence must show that it has: An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker. Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is: Traditionally tied to a season of the year by an event or pattern; and Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

Unpredictable;
Subject to change; or
Considered a vacation period for your permanent employees.

Peakload need – A petitioner claiming a peakload need must show that it: Regularly employs permanent workers to perform the services or labor at the place of employment; Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and The temporary additions to staff will not become part of the employer's regular operation.

Intermittent need – A petitioner claiming an intermittent need must show that it: Has not employed permanent or full-time workers to perform the services or labor; and Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

Incidentally, Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after Dec. 15 that request an employment start date before April 1, 2018.

Can I travel to the USA with a visitor visa to attend a training-related to a project?

Of course the answer depends on the specifics of your case. However, “participation in scientific, educational, professional or business conventions, conferences, or seminars” has been determined to be acceptable as B-1 business activities.

To be classifiable as a visitor for business you must overcomes that presumption of intending immigration and establish all of the following:

intend to leave the US at the end of the temporary stay
have permission to enter a foreign country at the end of the temporary stay
seek admission for the sole purpose of engaging in legitimate activities relating to business
have compelling ties to your business sponsor
have a residence abroad that you do not intend to abandon
the function you will perform in the US is necessary incident to international trade or commerce

Alien trainees who seek merely to observe the conduct of business or other professional or vocational activity may qualify for B-1 or B-2 classification if the US business does not pay or reimburse expenses. The foreign employer must continue to be the principal employer and pay wages, salary, and/or other compensation from a source abroad.

Note about practical experience training: Hands-on training, deigned to provide on-the-job experience, is not deemed to fall within the B-1 (or B-2) classification. Even if the foreign employers pays salary and expenses, B-1 classification is inappropriate if the hands-on services performed by the trainee will benefit the US-based company and/or the US-based company would have had to hire an employee but for the services of the alien “trainee.”

What are some ways to get a U.S green card other than through family or marriage?

The U.S. immigration system is primarily relationship-based, meaning, one must have either an employment relationship or a family relationship in order to obtain an immigration benefit.

Employment:

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

You may be eligible for an employment-based, third preference visa if you are a:

“Skilled worker,” a person whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
“Professional,” a person whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
The “other worker” a person performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

However, there are some exceptions to the relationship-based rule. These include:

Diversity Lottery:

Diversity immigrants come from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year. The DVs are distributed among six geographic regions and no single country may receive more than seven percent of the available DVs in any one year.

For a list of countries/areas by region whose natives are eligible for DV-2019 and DV-2018, please refer to the DV Instructions.

Each DV applicant must meet the education/work experience requirement of the DV program by having either:

at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;
OR two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.

Asylum & Refugees:

Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.

Refugees

Refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm. You may seek a referral for refugee status only from outside of the United States.

Asylum

Asylum status is a form of protection available to people who:

Meet the definition of refugee
Are already in the United States
Are seeking admission at a port of entry

Victims of Crimes:

The U nonimmigrant status (also known as the U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse as a result of the crime and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

Those who have been granted U nonimmigrant status may file for a green card (permanent residence) using Form I-485, Application to Register Permanent Residence or Adjust Status, after meeting certain requirements.

Extraordinary Ability:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

National Interest Waiver:

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Investment:

An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifyin employees.

Required minimum investments are:

General. The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

How long does it take for a spousal visa to be issued in the USA?

Strictly speaking, a spousal visa is not issued in the United States. Either a spouse ‘adjusts status’ within the United States or s/he obtains an immigrant visa outside of the United States via consular processing. This question cannot be answered without more detail. Here are a couple of items that need clarification:

Is the sponsoring spouse a U.S. Citizen or a Permanent Resident?
Will a visa be issued abroad or will the spouse pursue Adjustment of Status within the United States?
If the visa is to be issued abroad, through which post does the spouse intend to process?

What are L1 and L2 visas?

The L-1 visa has two types, the L-1A and the L-1B. The L-2 visa is for the derivative family member(s) of the L-1A or L-1B.

The L-1A and L-1B visas are 2 types of work visas that are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge.

The L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States.

The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
The L-1B visa is for intracompany transferees who work in positions that require specialized knowledge.

L-1A Classification

Using the L-1A visa process, a company can transfer a qualified executive or manager to the United States to an existing or a newly created subsidiary.

To qualify for the L-1A Intracompany Transferee Executive or Manager, you must:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

L-1B classification

To qualify for the L-1B Intracompany Transferee Specialized Knowledge classification, you must:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures

L-2 Classification

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

How can I start an eCommerce business on an H-1B visa?

You can start an eCommerce business regardless of your immigration status. But if you want to actually work in the business while physically in the United States, you need to obtain proper sponsorship. The H-1B is specific to the petitioning employer (if sponsored by company X, you cannot work for company Y on the side), and requires a valid employer/employee relationship. USCIS has defined the employer/employee relationship to hinge on an employer’s right to control the means and manner in which the work is performed. You can see how this is difficult to show if you are the founder of the business that you intend to sponsor you. A variety of factors are considered when evaluating the petitioner’s right to control the beneficiary, including the manner and extent to which the petitioner actually supervises the beneficiary; the petitioner’s right to control the beneficiary’s daily work and work product; and the petitioner’s right to hire, pay and fire the beneficiary. Because the H-1B visa is not intended as a ‘self-sponsorship’ visa, it may not be the best option for your own startup. You might, depending on your nationality, consider the E-2 visa.

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Alternatively, you might consider the International Entrepreneur Rule.

Under the IER entrepreneurs who have received investments of capital totaling at least $250,000 or at least $100,000 in government grants, and own at least 10 percent of the start-up, can be granted parole for up to two years. Entrepreneurs can be re-paroled for no more than 30 months if they meet certain revenue, investment, and/or job creation thresholds. USCIS can revoke parole at any time, and persons with parole cannot adjust to permanent residency. The entrepreneur’s spouse and minor children also can receive a grant of parole.

In the lawsuit, the National Venture Capital Association argued that the Trump administration bypassed proper procedures when it delayed the International Entrepreneur Rule, which had been due to go into effect in July 2017. Judge Boasberg, in his ruling agreed with the lawsuit’s claim that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules. This is great news!

We are now waiting to see what the procedures will be to take advantage of the IER.

At any rate, it would be best for you to consult with an immigration attorney if as a foreign national you want to found an eCommerce business in the U.S.

How does E3 visa compare to TN visa?

The E-3 and the TN are similar in that they can both be obtained as a consular matter (or in the case of the Canadian TN-1, at a point of entry) as opposed to first going through U.S. Citizenship and Immigration Services within the United States (USCIS).

The E-3 and TN are dis-similar in that the E-3 requires an Australian National to be employed in a specialty occupation requiring the theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a Bachelor’s or higher degree in a specific specialty, or its equivalent, as a minimum, for entry into the occupation in the United States. The TN requires a citizen of a NAFTA country (Canada and/or Mexico) working in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and
the alien possesses the specific criteria for that profession; and
the prospective position requires someone in that professional capacity; and
the alien is going to work for a U.S. employer.

The recognized TN professions are:

Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A.
-- Architect--Baccalaureate or Licenciatura Degree; or state/provincial license 2/
-- Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3/ or Post Secondary Certificate 4/ and three years' experience.
-- Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)--Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
-- Economist--Baccalaureate or Licenciatura Degree.
-- Engineer--Baccalaureate or Licenciatura Degree; or state/provincial license
-- Forester--Baccalaureate or Licenciatura Degree; or state/provincial license
-- Graphic Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience.
-- Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management.
-- Industrial Designer--Baccalaureate or Licenciatura Degree;or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
-- Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
-- Land Surveyor--Baccalaureate or Licenciatura Degree or state/provincial/federal license.
-- Landscape Architect--Baccalaureate or Licenciatura Degree.
-- Lawyer (including Notary in the province of Quebec)-L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar.
-- Librarian--M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite).
-- Management Consultant--Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.
--Mathematician (including Statistician)--Baccalaureate or Licenciatura Degree. 5/ (Footnote added effective 11/12/04; 69 FR 60939 )
-- Range Manager/Range Conservationist--Baccalaureate or Licenciatura Degree.
-- Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree.
-- Scientific Technician/Technologist 6/ --Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. (Footnote redesginated as 6/, previously 5/ effective 11/12/04; 69 FR 60939 )
-- Social Worker--Baccalaureate or Licenciatura Degree.-Sylviculturist (including Forestry Specialist)--Baccalaureate or Licenciatura Degree.
-- Technical Publications Writer--Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
-- Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree.
-- Vocational Counselor--Baccalaureate or Licenciatura Degree.

--MEDICAL/ALLIED PROFESSIONALS

-- Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.
-- Dietitian--Baccalaureate or Licenciatura Degree; or state/provincial license.
-- Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) 7/ --Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate,and three years experience. (Footnote redesignated as 7/, previously 6/, effective 11/12/04; 69 FR 60939 )
-- Nutritionist--Baccalaureate or Licenciatura Degree.
-- Occupational Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license.
-- Pharmacist--Baccalaureate or Licenciatura Degree; or state/provincial license.
-- Physician (teaching or research only)--M.D. Doctor en Medicina; or state/provincial license.
-- Physiotherapist/Physical Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license.
-- Psychologist--state/provincial license; or Licenciatura Degree.
-- Recreational Therapist--Baccalaureate or Licenciatura Degree.
-- Registered nurse--state/provincial license or Licenciatura Degree.
-- Veterinarian--D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license.

--SCIENTIST

-- Agriculturist (including Agronomist)--Baccalaureate or Licenciatura Degree.
-- Animal Breeder--Baccalaureate or Licenciatura Degree.
-- Animal Scientist--Baccalaureate or Licenciatura Degree.
-- Apiculturist--Baccalaureate or Licenciatura Degree.
-- Astronomer--Baccalaureate or Licenciatura Degree.
-- Biochemist--Baccalaureate or Licenciatura Degree.
-- Biologist--Baccalaureate or Licenciatura Degree. 8/ (Footnote added effective 11/12/04; 69 FR 60939 )
-- Chemist--Baccalaureate or Licenciatura Degree.
-- Dairy Scientist--Baccalaureate or Licenciatura Degree.
-- Entomologist--Baccalaureate or Licenciatura Degree.
-- Epidemiologist--Baccalaureate or Licenciatura Degree.
-- Geneticist--Baccalaureate or Licenciatura Degree.
-- Geochemist--Baccalaureate or Licenciatura Degree.
-- Geologist--Baccalaureate or Licenciatura Degree.
-- Geophysicist (including Oceanographer in Mexico and the United States)--Baccalaureate or Licenciatura Degree.
-- Horticulturist--Baccalaureate or Licenciatura Degree.
-- Meteorologist--Baccalaureate or Licenciatura Degree.
-- Pharmacologist--Baccalaureate or Licenciatura Degree.
-- Physicist (including Oceanographer in Canada)-Baccalaureate or Licenciatura Degree.
-- Plant Breeder--Baccalaureate or Licenciatura Degree.
-- Poultry Scientist--Baccalaureate or Licenciatura Degree.
-- Soil Scientist--Baccalaureate or Licenciatura Degree.
-- Zoologist--Baccalaureate or Licenciatura Degree.

--TEACHER

-- College--Baccalaureate or Licenciatura Degree.
-- Seminary--Baccalaureate or Licenciatura Degree.
-- University--Baccalaureate or Licenciatura Degree.

What type of visa do I need to go to the United States for a meeting with the company I work for?

B-1 ELIGIBILITY

B-1 classification applies when a foreign employer requires an alien employee to work temporarily in the United States (US) pursuant to the foreign employer’s international transactions. It does not entitle business visitors to enter the US labor market meaning employment activities that are domestic in nature and/or positions that are generally filled on a competitive basis within the US pool of authorized citizen, lawful permanent resident, and nonimmigrant workers. A US employer may not employ a business visitor in the US. However, a B-1 business visitor may be permitted to perform services on the premises of a US company if pursuant to an international business relationship between that US company and his/her foreign employer.

FACTORS CONSIDERED

An alien is classifiable as a visitor for business if he or she overcomes that presumption of intending immigration, qualifies under the provisions of section 101(a)(15)(B) of the immigration and Nationality Act, and establishes all of the following:

intends to leave the US at the end of the temporary stay
has permission to enter a foreign country at the end of the temporary stay
seeks admission for the sole purpose of engaging in legitimate activities relating to business, evidenced by employment in the US will not be necessary
has compelling ties to the business sponsor
has a residence abroad that he or she does not intend to abandon the function he or she will perform in the US is a necessary incident to international trade or commerce (i.e. not limited to “businessmen”).

COMPENSATION

B-1 nonimmigrants may not receive salaries or other remuneration from US sources for services rendered in connection with activities in the US. A US source, however, may provide these aliens with expense allowances or reimbursement for expenses incidental to their temporary stays.

Honoraria: In common parlance, the term “honorarium” may refer to compensation for services, reimbursable or per diem expenses, or both. Under immigration law, however, honorarium payments to B-1 business visitors are restricted to persons whose actual place of accrual of profits from services rendered is abroad and must not exceed the relative cost of living in the US.

BUSINESS VISITOR ACTIVITIES

Functions or circumstances that have been determined to be acceptable as B-1 business activities include but are not limited to:

commercial transactions that do not involved gainful US employment (e.g. taking orders for foreign goods) contract negotiation
installation, service, or repair of commercial/industrial equipment purchased from outside the US and/or training of US workers to perform such services. (Note: typically, contract of sale requires seller to provide such services and B-1 visitor possesses specialized knowledge essential to contract performance consultation with business associates.)
litigation
participation in scientific, educational, professional or business conventions, conferences, or seminars
professional entertainers involved in cultural events, paid for and sponsored by a sending country, that will involve public appearance before non-paying audiences
investors seeking investments that may eventually qualify them for immigrant or E-2 nonimmigrant status
independent research or professional artistic activity (e.g. music recording, artistic work such as painting, sculpture, or photography) that do not involved income from an US source
planning, constructing, dismantling, maintaining or other employment by foreign employer in connection with exhibits at international fairs and exhibitions
certain religious and charitable activities (e.g. missionaries and recognized international volunteer efforts)
certain athletes who:
- are professional but intend to receive no salary or payment their than prize money
- are individuals or members of a foreign-based team in an internationally recognized sporting activity whose principal place of business is in the foreign country where their salaries typically accrue and seek to enter pay only their incidental expenses
servants employed abroad of:
- US citizens residing abroad who return or are assigned to the US on a temporary basis
- Foreign nationals who have been accorded B, E, F, H, I, J, L, M, O, P, R or TN nonimmigrant status for temporary activities in the US

VOLUNTEER ACTIVITIES

Generally, volunteers do not meet the regulatory definition of employee. Volunteer work may be acceptable in nonimmigrant visitor status if the services are undertaken without expectation of compensation, benefits, or privileges. However, the fact that an employee is unpaid will not cure unlawful employment if the “volunteer” is otherwise indistinguishable from a regular paid employee. Additional factors to consider in a given case may include the benefit derived from the volunteer services by the US organization and/or whether a lawfully authorized US worker would have been hired but for the volunteer services.

TRAINNING IN B-1 STATUS

Individuals who would otherwise qualify for H-3 classification may be eligible for B-1 classification if they receive no salary or other remuneration (i.e. payment beyond expenses). Alien trainees who seek merely to observe the conduct of business or other professional or vocational activity may qualify for B-1 or B-2 classification if the US business does not pay or reimburse expenses. The foreign employer must continue to be the principal employer and pay wages, salary, and/or other compensation from a source abroad. Note about practical experience training: Hands-on training, designed to provide on-the-job experience, is not deemed to fall within the B-1 (or B-2) classification. Even if the foreign employers pays salary and expenses, B-1 classification is inappropriate if the hands-on services performed by the trainee will benefit the US-based company and/or the US-based company would have had to hire an employee but for the services of the alien “trainee.”

Can I file for an E2 visa with a one-person company?

The Federal Regulations state that an E-2 enterprise may not be ‘marginal.’ “A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An enterprise that does not have the capacity to generate such income, but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future income-generating capacity should generally be realizable within 5 years from the date the alien commences the normal business activity of the enterprise.”

Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

This is a complicated legal question so it would be in your best interest to consult with an immigration attorney regarding the specifics of your case.

Which occupations receive the most H1B visas/Green cards in the USA?

According to the Department of Labor, for the Second Quarter of FY 2017 the top 5 H-1B occupations were:

Biochemists and Biophysicists
Medical Scientists, Except Epidemiologists
Physicians and Surgeons, All other
Software Developers, Applications
Engineering Teachers, Postsecondary

During the same time, the top 5 Green Card occupations were:

Software Developers, Applications
Software Developers, Systems Software
Computer Systems Analysts
Electronics Engineers, Except Computer
Computer Occupations, All other

Is petition denial same as visa refusal?

In most cases, the visa and the petition are two different items. Usually (there are some exceptions) you need an approved petition in order to apply for a visa. You can think of the visa as a travel document, it enables you to travel to the United States, but it doesn’t grant you any status on its own. The petition is the document that underlies the visa.

Here is an example. Say I want to enter the United States on an H-1B. First I need an employer to file a petition for me (the employer is the petitioner and I am the beneficiary). The petition is filed with the United States Citizenship and Immigration Services, an agency in the United States.

Once the petition is approved, I need to make an appointment at a consulate or embassy to obtain the visa — this occurs outside of the United States. My visa may or may not be approved, but without an approved H-1B petition, I am unable to request the H-1B visa.

Now, let’s say my visa is approved. I do not yet have H-1B status. To enter into H-1B status, I need to use both the approved petition, and the visa, to enter the United States and be inspected by a Customs and Border Protection officer who will (or perhaps won’t) allow me to enter and issue me an I-94. If I am granted admission and an I-94, only then do I hold H-1B status.

Can we convert a US B-2 visa to an E-2 visa?

Yes it is possible, but it may not be preferable. This is something you should consider carefully with an immigration attorney in concert with your business and personal plans.

Here is some additional information on the E-2:

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-2 Treaty Investors and Employees” below.)

See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to Obtain E-2 Classification if Outside the United States

A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Marginal Enterprises

General Qualifications of the Employee of a Treaty Investor

To qualify for E-2 classification, the employee of a treaty investor must:

Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
Meet the definition of “employee” under relevant law
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty investor status. If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:

The degree of proven expertise in the employee’s area of operations
Whether others possess the employee’s specific skills
The salary that the special qualifications can command
Whether the skills and qualifications are readily available in the United States.

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date.

Period of Stay

Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status

A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

Relationship between the organizations is established
Subsidiary employment requires executive, supervisory, or essential skills
Terms and conditions of employment have not otherwise changed.

USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty investor or employee’s ability to obtain E-2 status.

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

Does the U.S. government know if people with an expired visa leave?

As it happens, this topic was just discussed in the U.S. House of Representatives. Inspector General John Roth spoke about visa overstays a couple days ago. See testimony here: https://www.oig.dhs.gov/sites/de...

Is asylum given to potential victims and victims of crimes?

Asylum is intended for people who require protection due to their race, religion, nationality, membership in a particular social group, or political opinion. So, if a person is being threatened by criminals because of their political opinion, for example, and they meet the other requirements, they would qualify for asylum.

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

Race
Religion
Nationality
Membership in a particular social group
Political opinion

The legal provisions governing the Asylum Program are codified in the Immigration and Nationality Act (INA). For the part of the law concerning asylum, please see INA § 208. Rules concerning eligibility requirements and procedures to be followed by applicants and the government are incorporated into the Code of Federal Regulations (CFR) at 8 CFR § 208. Asylum officers also rely on case law to adjudicate asylum claims. Administrative decisions made by the Board of Immigration Appeals can be found at http://www.usdoj.gov/eoir.

If I'm a citizen of a country with low rates of immigration to the U.S., would that make my family-based petition faster?

Unless you are from China, Mexico, Philippines, or India, the speed at which the petition moves is the same. For people from the mentioned countries, the process is slower. You can find the specifics here: Visa Bulletin

The speed at which the petition progresses has to do not only with the country of origin, but also the familial relationship. These are broken out as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

In practice this means that you could be looking at a wait of perhaps three years for the spouse or child of a permanent resident, and perhaps fourteen years for the sibling of a U.S. citizen.

If you are coming from a country with low rates of immigration to the United States, you may also consider the Diversity Lottery. More information can be found here: Diversity Visa Lottery Instructions

If I buy a coffee shop business for an E2 visa, can I start another business and work in that business as well?

Your initial E-2 visa would only authorize you to work for the coffee shop business listed. If you wanted to add another business, you would need to amend your E-2 in order to reflect both businesses.

I want to move to the US on an E2 visa, do I need to do it all in the USA or do I consult a lawyer here in the UK first? How much is done before I go?

f you are currently outside of the United States, you would complete your E-2 processing at a U.S. Consulate (typically in your country of residence). A U.S. immigration attorney would work with you remotely, prepare your E-2 application, and provide you with detailed instructions related to the final consular interview. In other words, you do not need to do any of the preparation in the United States if you don’t want to and you don’t need to come to the U.S. until you are arriving with an E-2 visa in your passport.

How are my chances to get selected for an H1B if the employer submits the application 3 times?

Your chances do not improve with each subsequent petition entry. Each time you apply your odds are based on how many petitions have been submitted in the current year and whether you are counted under the masters cap or not. For example, this year, your odds were about one in three assuming you were not counted under the masters cap.

Typically, a company will withdraw an H-1B petition when either the employee has been terminated, or the the employee has left the company. The process involves two steps. First, the Labor Condition Application is withdrawn — this step goes through the Department of Labor. Second, the company contacts United States Citizenship and Immigration Services, alerts them that the LCA has been withdrawn, and requests that the H-1B petition be withdrawn as well.

Then, USCIS acknowledges receipt of the request and confirms that the H-1B petition has been withdrawn. The language USCIS provides is “the petition is automatically revoked as of the date of this notice because … the petitioner/employee has filed a written withdrawal of the petition.”

What does "certified-withdrawn" status in H1B visa mean?

There are a number of variables involved that make it tough to give a timeline without more details.

It would be helpful to know if this is a first time E-3 or if it’s a renewal. Also, in which country would the intending candidate process his/her visa? What kind of educational background does the candidate have, as this could impact what kind of documentation needs to be gathered?

Has the sponsoring company already submitted a Labor Condition Application with the Department of Labor before? If not, the FEIN would need to be verified. Are all of the supporting documents ready, or would they need to be gathered? If so, how long would that take?

In the best of circumstances, you could aim for a month. But, given all the above, it could certainly take longer. It’s always a good idea to work with an immigration attorney.

How long does an E3 visa take?

What an interesting question -- I hope it is only hypothetical. The H-4 is dependant on the H-1B, so in theory, the spouse and child must leave immediately.

However, the spouse and child could apply for a change of status to B2 while making arrangements.

Visa Q & A

How Can i avoid extra processing when I get a us visa?

Can you get an E3 Visa with a 1099 contract position?

When will the American family immigration reform bill pass? Where can I find its copy, status and other details?

Is a US green card holder guaranteed 10 years visitor visa if she surrenders her green card?

Is it possible to qualify as a salesman for an H-1B visa?

Can you apply for an H1B visa any month in a year or do you need to wait for the next year if you miss the April 1 date?

Although there is no new rule, but why is the uscis rejecting so many h1B visa extensions? many well-qualified people have to leave the us now.

Is it possible to get an E2 visa by renting vacation homes in Florida?

What is the average fee for an immigration lawyer to help with an E2 visa?

What are the opportunities a US H-1B visa will afford me if I have one?

If I am on H1B, can I readjust my status as DACA to get more flexible employer to employer mobility, will I be eligible for DACA if my family briefly overstayed visa in US when I was a kid?

What is the minimum salary required for an H-1B extension in 2018?

Will hiring the first employee before applying for a E-2 visa improve my odds of being approved even if it doesn’t make business sense?

How can I immigrate to the US if I am a successful blogger?

Can someone who is waiting for their H1-B visa results get paid by a US company in another country (money would be sent abroad)?

What is considered an investment for an E2 visa?

Is the E2 Visa suitable for entrepreneurs?

What do immigration lawyers think about the idea to cancel H-1B extensions while a green card application is pending? Does it fall under rule making by the president, or will Congress need to change the law for that to happen?

What is the percentage of H1B visas that get denied?

Is DHS planning to stop the H-1B extension beyond six years using an I-140?

Can a family member/friend, who owns a business file for an H-2B visa for me?

Can I travel to the USA with a visitor visa to attend a training-related to a project?

What are some ways to get a U.S green card other than through family or marriage?

How long does it take for a spousal visa to be issued in the USA?

What are L1 and L2 visas?

How can I start an eCommerce business on an H-1B visa?

How does E3 visa compare to TN visa?

What type of visa do I need to go to the United States for a meeting with the company I work for?

Can I file for an E2 visa with a one-person company?

Which occupations receive the most H1B visas/Green cards in the USA?

Is petition denial same as visa refusal?

Can we convert a US B-2 visa to an E-2 visa?

Does the U.S. government know if people with an expired visa leave?

Is asylum given to potential victims and victims of crimes?

If I'm a citizen of a country with low rates of immigration to the U.S., would that make my family-based petition faster?

If I buy a coffee shop business for an E2 visa, can I start another business and work in that business as well?

I want to move to the US on an E2 visa, do I need to do it all in the USA or do I consult a lawyer here in the UK first? How much is done before I go?

How are my chances to get selected for an H1B if the employer submits the application 3 times?

What does "certified-withdrawn" status in H1B visa mean?

How long does an E3 visa take?

How soon must the spouse of a deceased H-1B holder leave the USA?