Immigration Attorney in Cleveland and Washington DC

Non-Immigrant Visas

Non-immigrant visas allow aliens to come and stay in the U.S. temporarily to visit, study, or work. Some also come to get married to their fiancé via a K-1 visa. It is an entry point to a lot of foreigners, and is the first thing they obtain in order to enter the U.S. Some of the more common visas are H-1B, F-1 Student, K-1 Fiance, and the B-1 / B-2 Visitors visa. Change of Status and Extension applications are also included in this field of immigration law.

H-1B Visa

The H-1B is for aliens who would work in specialty occupations. It is important that the position requires a Bachelor’s degree, and that the company requires that position, and that the position, degree, and company are related. The employer must show a need for someone in that specialty occupation position and the potential employee must have the degree that the position requires.

To prove that the employer is in need of a person in this specialty occupation position, one must show that

A Bachelor’s or higher degree is normally the minimum requirement for entry into the particular position;
The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires the degree for the position; or
The nature of the duties is so specialized and complex that at least a Bachelor’s degree is required.

The H-1B can be filed as early as six months before the commencement of employment. The process involves the determination of the prevailing wage of the specific position. A Labor Condition Application (LCA) will then be filed with the Department of Labor (DOL), which shall include the prevailing wage of the position and the area of employment. The LCA holds the employer responsible for paying the prevailing wage, among others. The signed LCA will then be attached to the H-1B filing itself, together with all the necessary documents and fees.

The H-1B shall be good for three years, which can eventually be extended for another three years. H-1B transfers and amendments are also included in this area.

F-1 Student Visa

The F-1 visa is for students who want to come and/or temporarily stay in the U.S. to study and complete an academic program. It is a visa that could be obtained at the U.S. Embassy abroad, or a status that could be obtained in the U.S. through the filing of a Change of Status.

The applicant by law must have an intent to depart the U.S. after completion of his or her studies. One way is through showing family ties in the home country. An acceptance letter, I-20 form, and proof of financial support for tuition and living expenses are also prerequisites in an F-1 application. For the financial stability requirement, scholarships, fellowships, assistantships, loans, grants, family or personal funds, and funding from one’s home government are allowed.

For applicants at the U.S. Embassy, the F-1 visa can be issued within 60 days prior to the start date of the school term. Upon entry to the U.S., the F-1 student will get a D/S stamp on his I-94. F-1 students should maintain full-time academic status unless on summer vacation. Also, they may not take off-campus work unless authorized, but may work on-campus for a maximum of 20 hours a week.

B-1 Business Visa and the B-2 Tourist Visa

Those who want to come or stay in the U.S. temporarily for business or pleasure apply for a B visa. The B-1 visa is for those attending business meetings, seminars, or conferences. The B-2 visa is for those who want to visit, either for tourism, or to visit friends and family in the U.S.

Evidence of family and/or employment ties to their home country is important to prove that their purpose for coming to the U.S. is to visit, and not to permanently stay, which is usually the main issue with the U.S. Embassy or with the USCIS. Financial support evidence is also requested to prove that these applicants would not have any incentive to work illegally while on a B visa.

The B visa holders enter the U.S. and get an I-94 with a stamp of how long they are allowed to remain in this country on a B-1 or B-2 status. They are usually given six months. An extension is also allowed as long as it is filed before the expiration based on the I-94 and the burden to prove that the purpose is to visit, is met. Details of which places to visit, why, and when are very important especially over the past three years. Staying here beyond the date stamped on the I-94 or the extension date results to their being out of status and subject to removability.

K-1 Fiancé(e) Visa

A U.S. Citizen engaged to a foreigner who is residing in another country may also petition his (her) fiancé(e) for a K-1 visa through an I-129F. The petition should prove that the couple met within the past two years, have been communicating with each other, and fully intend to marry within 90 days of entering the U.S. Plane tickets, email correspondence, international phone call records, and recent pictures of the couple at the foreigner’s country are always suggested for a well-prepared petition. The petition is filed in the U.S. and once approved, the beneficiary fills out the DS-2019 forms, takes a medical exam, and goes to an interview at the U.S. Embassy abroad. Once the fiancé(e) arrives in the U.S. on the K-1, s/he must get married in 90 days to the petitioner.

Summary of Our Services

Each client would be informed of the standards of each visa right at the intake. Immigration has been very strict on what usually were easy visas to obtain. Thus, each client should be informed of the standards set by the U.S. Embassy and/or the USCIS. From there, a listing of all requirements for each visa, together with suggested documents that would strengthen the case, would be provided. The forms will be prepared with the help of the attorney, who will then file the application, extension, or change of status together with all the supporting documents.

Listing of All Our Services in the Non-Immigrant Visa Area:

K-1 Fiancé(e) Visa
K-3 Spouse of U.S. Citizen
H-1B Specialty Occupation Work
B-1 Business Visitor
B-2 Tourist
F-1 / F-2 Student and Dependents
E-1 Treaty Trader
E-2 Treaty Investor
L-1 Intracompany Transferee
I-539 Change of Status
I-539 Application for Extension of Status
I-129 H-1B Transfer
I-129 H-1B Extension
Response to Requests for Evidence
Response to Notice of Intent to Deny
Motion to Reopen and Reconsider