Individual Immigration: O-1 Visa
The O-1 non-immigrant visa is aimed at individuals with demonstrated extraordinary ability in the field of Science, Education, Business or Athletics, Motion Pictures, or the Television industry. There are two main classifications of the non-immigrant O-1 visa:
O-1A
Individuals with extraordinary ability in Science, Education, Business or Athletics can apply for the non-immigrant O-1A visa. To be eligible for an O-1A visa, the individual must show sustained acclaim for their ability and who is a member of the select few who has reached the very top in their profession. The O-1A applicant must also show that they coming to the United States on a temporary basis in order to pursue working in the area of extraordinary ability.
O-1B
Individuals with extraordinary ability and achievement in arts, motion picture, or Television can apply for a non-immigrant O-1B visa. Extraordinary ability in the field of arts means a high level of achievement in the field of the arts as demonstrated by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. For an individual engaged in the motion picture or television industry to qualify for an O-1B visa, they must show that they possess a talent that is recognized nationally or internationally as being above that ordinarily encountered to the extent the applicant is recognized as outstanding, notable or leading in the motion picture and/or television field.
Accompanying Staff Members
The support staff traveling with the O-1A or O-1B visa holder can apply for a non-immigrant O-2 visa. The support staff is those individuals who are considered essential and who will be assisting the O-1A visa holder while they are in the United States for a specific event or performance. The support staff must be able to demonstrate they possess skills that cannot be performed by a worker in the United States.
Family Members
The spouse and children (under the age of 21 years of age) of the O-1 or O-2 visa holder can apply for a non-immigrant O-3 visa. The family members are not permitted to work in the United States but can attend the full or part-time study.
Period of Stay
For the O-1 visa, the USCIS will determine the time it will take the performance or activity to be completed and may approve an initial period of stay of up to three years. If the O-1 visa holder plans on staying beyond the initial period approved by USCIS, they must apply for an extension of stay with the USCIS.
The family members of the O-1 or O-2 visa holder are not permitted to stay in the United States beyond the period approved for the O-1 or O-2 visa holder.
How we can help…
The Law Offices of Trupti N Patel & Associates – the Business Boston Immigration Attorney – has been successful in obtaining the desired outcome for number of O-visa applicants. If you think that you qualify for this visa classification, please call our offices at (617) 367-6750 and put our immigration knowledge and experience to work for you.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Inter-Company Transfers – Specialized Knowledge L1-B
The intent of the L1-B non-immigrant visa (also referred to as “intra-company transfer”) is to allow a US-based employer to relocate an employee with specialized knowledge to their offices in the United States. The L1-B non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an employee with specialized knowledge to the United States to help establish an office.
Eligibility
There are different eligibility requirement depending of the nature of the application for a L-1B visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The US employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-B visa holder’s stay in the United States. The L-1B employee must show they were employed in a position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Foreign Business
A foreign employer looking to send employees with specialized knowledge to help set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will be able to financially support a specialized knowledge position. The L-1B employee must show they were employed in a position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will granted an initial stay of one year. All other qualified employees may be granted an initial maximum stay of three years. The L-1B employee can request an extension in increments of two years for a maximum stay of five years.
How can we help….
The Law Offices of Trupti N Patel & Associates – Immigration Attorney Boston – has a long and successful history of working with companies from startups to well-established corporations and guiding them on successfully obtaining the L1-B/L2 applications. If you would like a consultation regarding L1-B/L2 Visas with one of our immigration lawyers please call us at (617) 367-6750 or click here to submit an email requesting a consultation with our Immigration Attorneys in Boston, Massachusetts.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Inter-Company Transfers – Executive or Manager L1-A
The intent of the L1-A non-immigrant visa (also referred to “intra-company transfer”) is to allow a US based employer to relocate an executive or a manager to their offices in United States. The L1-A non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an executive/manager to establish an office in the United States.
Eligibility
There are different eligibility requirement depending of the nature of the application for a L-1A visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The U.S. employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-A visa holder’s stay in the United States. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Foreign Business
A foreign employer looking to send executive/managerial staff to set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will support a position of an executive/manager one year from the approval date. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will granted an initial stay of one year. All other qualified employees may be granted a initial maximum stay of three years. The L-1A employee can request an extension in increments of two years for a maximum of stay of seven years.
How can we help….
The Law Offices of Trupti N Patel & Associates – Immigration Attorney Boston – has a long and successful history of working with companies from startups to well established corporations and guiding them on successfully obtaining the L1/L2 applications. If you would like a consultation regarding L1/L2 Visas with one of our immigration lawyers please call us at (617) 367-6750 or click on here to submit an email requesting a consultation with our Immigration Attorneys in Boston, Massachusetts.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office.
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Business Immigration: I Visa
The non-immigrant I visa is available for those individuals who represent members (reporters, film crew, editors, etc.) of foreign media organizations, may that be radio, television, film or other forms of foreign information media. In order to qualify for this visa, the person(s) applying for this classification must demonstrate that:
- They are a part of foreign media who is entering the United States and are coming to the United States to engage solely in this profession
- They are part of a media organization with offices in a foreign country
The consular officer at the U.S. embassy will decide if the activity qualifies for an I Visa. If you travel to the United States without a non-immigrant I-visa you may be denied entry even if you are a citizen of a country that participates in the Visa Waiver Program.
How long can I Stay?
The Custom and Border Protection will decide whether the I-visa holder will be admitted into the United States and if so, stamp the I-94 form with the dates the visa holder will be permitted to stay in the United States. Admission is usually granted for the duration of stay and the visa holder does not need to apply for an extension as long as the visa holder continues to work in the same media for the same employer. If the date has been specified in the I-94 form and the visa holder wishes to stay beyond that date, the I-visa holder must apply for an extension.
Can my Family Members Accompany me?
The spouse and children (under 21 years of age) may accompany or follow to join an I-Visa holder by applying for I non-immigrant visa for themselves. The spouse and children are not authorized to work during their stay in the United States however, they are permitted to study in the United States without the need for applying for an F-1 Visa. If the family of the I-Visa holder does not intend to stay with him/her, they should apply for a B2 visitor visa if their country of origin is not a participant in the Visa –Waiver Program.
How we can we help…
If you are planning any media activities in the United States, please contact the Boston Immigration Lawyer – Trupti N Patel & Associates at (617) 367-6750 to see how we can help you with your immigration questions relating to the I Visa category.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
H-3 Nonimmigrant Trainee/Special Education Exchange Visitor
The H-3 nonimmigrant visa allows foreign nationals to temporarily visit the United States to :
receive training in any field of endeavor (other than graduate medical training) that is not available in the foreign nationals’ home country.
or
participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Some of fields for which the H-3 visa is available are Agriculture, commerce, communications, Government, and finance. The H-3 visa is not available for employment in the United States, it is intended to provide the foreign nationals with training that they can use in their work in their home country.
Period of Stay
The trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a participant in the special education exchange program they may remain in the United States for up to 18 months.
Family of H-3 Visa Holders
Trainees’ spouses and children who are under the age of 21 may accompany the H-3 Visa holder to the United States as H-4 nonimmigrants. H-4 nonimmigrants are not permitted to work in the United States.
H-2B Non-Agricultural Workers
The H-2B visa allows employers to bring foreign nationals from certain countries to the United States to fill nonagricultural temporary job openings. The US employer must file n a prospective worker’s behalf. The employer must file H-2B petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.
Period of Stay
The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.
Families of H-2B Workers
An H-2B worker’s spouse and unmarried children under 21 years of age may apply for a H-4 nonimmigrant visa. The workers family is not eligible for employment in the United States while in H-4 status.
H-2B CAP
The United States congress has set a limit of 66, 000 H-2B visas per fiscal year (October 1st- March 31st) with 33, 000 H-2B set aside for workers who begin work in the first half of the fiscal year and 33, 000 for those to start in the second half of the fiscal year. Any H-2B visas not allocated in the first half of the year are available for the second half.
