Arizona Immigration Solutions
Employers – Families – Business Owners – Individuals
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Status Documents and Admission
Student Visas and Status
Work Visas and Status
Investors and Entrepreneurs
Family Petition
Employment Based Green Card Process
Downgrade EB-2 to EB-3
FAQs
Status Documents and Admission
What is a visa?
It is important to understand that having a visa does not guarantee entry into the U.S. The possession of a visa does mean that you have the proper document to enter the U.S. or that an airline will allow you to board the plane. The decision of whether to admit you rests on the shoulder of the immigration officer at the port of entry, which is a part of the CBP (Customs and Border Protection). A lot of people are turned away at the airport even though they have valid visas, because the CBP officers decide that the person’s visa is inappropriate for what he/she plans to do.
What is your status?
A person can also receive status on their I-797 approval notice. If you are already in the US, the I-797 can also extend the I-94. Under certain circumstances, you can change status within the US through an application to USCIS.
What is the significance of the I-94 admission record?
If you change your status inside the U.S., it will not be reflected in the online database, however the rule of thumb is that the last action is what counts. If you extend your status through USCIS, that is the last action and the I-94 is valid. If you subsequently leave the US and return, the electronic I-94 is what will govern.
Do I need all three documents?
Student Visas and Status
Can a student work in the U.S.?
However, there are exceptions where a university student can work on campus (e.g. cafeteria or bookstore) without any additional work permit or authorization. They may also work under the curricular practical training (“CPT”) and optional practical training authorization (“OPT”).
Work Visas and Status
H1B Visa
What is H1B work status?
How long can I hold H1B status?
Can I have H1B for more than 6 years?
Yes, you can under three situations.
- First, you have H1B for six years, and you leave the U.S. for at least 1 full year. The absence from the U.S. for over 1 year will allow you to have a new 6-year period on H1B.
- Second, if you have filed a labor certification application or an I-140 petition prior to your 5th year anniversary on H1B, you will be allowed to extend your H1B beyond the 6-year limit. However, if your labor certification or I-140 is denied, you will not be able to get more H1B time, but you may stay till the end of your current H1B time.
- Third, if you have an approved I-140 petition but your priority date is not current, you can extend your H1B beyond the 6 years limit as well.
Work Visas and Status
L1 Status
What is L1 work status?
There are two types of L1 work status: L1A is for managers or directors. L1B is for individuals with specialized knowledge of the company
Who qualifies for L1A status?
Who qualifies for L1B status?
How long can I stay on L1 status?
Is there any exception to the 5-and-7-year limit?
Work Visas and Status
TN / Trade NAFTA
What is TN work status and who qualifies for it?
What positions qualify for TN status?
You may find a list of qualifying positions and their requirements on this list: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm
How long can I stay on TN status?
Work Visas and Status
O1 Status
What is O1 status?
How many types of O1 are available?
There are three types:
- O1A for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
- O2: individuals who will accompany an O1, artist or athlete, to assist in a specific event or performance. For an O1A, the O2’s assistance must be an “integral part” of the O1A’s activity. For an O1B, the O2’s assistance must be “essential” to the completion of the O1B’s production. The O2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O1
How do I qualify for the O1A status?
You must have received a major, internationally recognized award, such as a Nobel Prize.
Or, you must meet at least three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
How do I qualify for O1B status?
You must have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award Or, you must meet at least three of the following:
- Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).
Work Visas and Status
H1B-1 Status
What is the H1B-1 work status?
What are the main differences between the H1B and H1B-1 status?
There are two main differences:
- H1B allows “dual intent”, meaning that it is not a violation of the H1B status if he/she pursue a green card. However, H1B-1 does not allow dual intent.
- H1B-1 is issued in 2-year increments, and there is no time limit. However, it does run into the same problem that that TN has. If a person has been on H1B-1 for “too long”, he/she may have problems at the airport or at the time of extension.
Work Visas and Status
E3 Status
What is the E3 work status?
What are the main differences between the H1B and E-3 status?
There are two main differences:
- H1B allows “dual intent”, meaning that it is not a violation of the H1B status if he/she pursue a green card. However, E-3 does not allow dual intent.
- E-3 is issued in 2-year increments, and there is no time limit. However, it does run into the same problem that that TN has. If a person has been on E-3 for “too long”, he/she may have problems at the airport or at the time of extension.
Investors and Entrepreneurs
E2 Visa
What is an E2 visa?
What are the basic requirements for the E2 visa?
You will need to meet the following requirements:
- You are a citizen of a qualifying country
- You have made a substantial investment
- Your investment will benefit the US economy (e.g. create at least one job)
- You should have a business plan projecting income and expenses for the next five years
- You should account for the source of your investment funds, including the paths the founds came into the US
- You should demonstrate that you have the ability to operate the E2 business
What is considered substantial amount of investment?
Do I have to spend the 100K before I apply for my E-2 visa? What if I don’t get my E-2 visa?
What kind of business qualifies for an E2 visa?
Any legal business can be an E2 business. We have helped individuals in the real estate industry, retail business, food business, etc. However, business that does not require a lot of upfront investment tend to have a harder time with the E2 visa, such as consulting business.
Investors and Entrepreneurs
E1 Visa
What is an E1 visa?
What are the basic requirements for the E1 visa?
You will need to meet the following requirements:
- You are a citizen of a qualifying country
- You have substantial trade with the U.S.
- You should have a business plan projecting for income and expenses for the next five years
- If you plan to also invest in the US, you should account for the source of your investment funds, including the paths the founds came into the US. However, the requirements for the investment is not as stringent as the E2 visa.
You should demonstrate that you have the ability to operate the E1 business
What is considered substantial trade?
You will need at least 12 months of regular trade with the U.S. The frequency of the trade is more important than the dollar value of the trade. In other words, it will be better to have 12 transactions of smaller amounts over 12 months, than to have one large amount in the past 12 months.
Where is the list of the qualifying country?
You may find the list here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
Investors and Entrepreneurs
EB-5 Investment Immigration
What is EB5 investment immigration?
Family Petition
Who can file a family petition?
Who are “immediate relatives” for immigration purposes?
Immediate relatives refer to only three groups of people:
- Spouses of U.S. citizens
- Parents of U.S. citizens
- Children under 21 years old of U.S. citizens.
What are the advantages of “immediate relatives”?
What are “preference categories”?
These are family relationships that allow for sponsorship, but they are not considered “immediate relatives”. They are:
- Unmarried sons and daughters of U.S. citizens (F1 category)
- Spouses and children (under 21 years old) of permanent residents (green card holders) (F2A category)
- Unmarried sons and daughters (over 21 years old) of permanent residents (F2B category)
- Married sons and daughters of U.S. citizens (F3 category)
- Brothers and sisters of U.S. citizens (F4 Category)
What is the difference in wait times between an immediate relative and a relative in the “preference category”?
Can my uncle sponsor me?
Employment Based Green Card Process
What are the steps for the employment based green card process?
For most employees, they must go through three steps: (1) labor certification, (2) I-140 immigrant petition, and (3) I-485 adjustment of status application or consular processing.
What is labor certification application?
The preparation generally takes about 6 to 8 months, and the current processing time is approximately 4 to 6 months.
What is an I-140 petition?
This preparation generally takes about 2 to 4 weeks, and the standard processing time is about 4 to 6 months. Premium processing is currently available for this process.
What is the I-485 application for adjustment of status?
The preparation generally takes about 4 weeks, and the current processing time is approximately 6 to 12 months.
Downgrade EB-2 to EB-3
Background:
On 9/24/2020, the October Visa Bulletin came out and showed a significant movement on many family- and employment-based categories. This FAQ focuses on the significant difference between EB-2 and EB-3 categories under the “Date for Filing” chart, especially for individuals who were born in India:
EB-2: 15 May 2011
EB-3: 01 Jan 2015
What is the difference between the “Dates for Filing” chart and “Final Action Dates” chart?
Can someone use either the “Final Action Dates” chart or “Dates for Filing” chart?
What is downgrading an I-140 from EB-2 to EB-3?
Do I lose the approved EB-2 petition if I submit a downgrade I-140 petition to EB-3?
I have an NIW in EB-2, can I downgrade it to EB-3?
Unfortunately, no. You are locked in EB-2 under NIW, because your NIW is a stand-alone petition, and there is not an underlying approved PERM to support a downgrade I-140.
I am no longer with the employer who filed the EB-2 I-140, can I still file a downgrade I-140 EB-3 petition?
Unfortunately, No. The downgrade I-140 has to be based on a valid PERM from a valid employer. Because you do not work for the employer who had filed the underlying PERM, you cannot submit a downgrade I-140. Your current employer will need to file a new PERM, and when it is approved, you may then file an I-140 under EB-3.