What is
a visa?
A visa is written
permission of the Department of State, stamped in your passport, normally
issued by an authorized consular official at an American Consulate abroad,
for an alien to apply to the U.S. Immigration and Naturalization Service
(INS) at an airport, preflight inspection post or border crossing point in
the United States, for admission to the United States. Having a visa, in
many cases, is an essential step in coming to the U.S. But, it is not a
guarantee that the Immigration Service Officer will allow you to enter.
That is a decision that INS must make independent of the State
Department.
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Does my visa have to remain valid while I am in
the U.S.?
No. Your
visa must be valid at the moment that you enter into the U.S. After that
it may expire without consequence to your stay, provided that your I-94,
the admission card given to you by the INS, remains
unexpired.
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If I have a "Green Card" do I need a
visa?
No. A "Green Card"
identifies somebody who was previously admitted as a lawful permanent
resident, if it is presented by an alien, returning to the United States
from a temporary visit abroad (one with a relatively fixed end point), to
an unabandoned residence in the United States, within one year from exit.
Whether an individual has abandoned his/her residence in the U.S. is a
question of that person's intent and is determined by the facts of the
individual case, even though the alien has been out of the United States
for less than a year. The burden of proving abandonment is on the
Immigration Service.
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If I come to the United States on the Visa Waiver
Pilot Program, can I be employed?
Visitors may not accept gainful
employment in the United States. A business visitor (B-1) may consult,
confer, negotiate and perform other similar tasks for his/her foreign
employer, but may not undertake employment or receive wages in the
U.S.
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If I have an H-1B visa for Company A, can I also
work for Company B?
Yes, you are NOT limited only to one employer.
However, each employer must file and have approved by INS an H-1B petition
on your behalf before you may start working for that employer. You may
have multiple petitions in force for you at the same time. And, no matter
how many petitions exist, your six-year maximum stay is measured by how
many days you are in the U.S. in H-1 status. Each day, no matter how many
lawful employers you work for, is counted as only one day against the
six-year cap.
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If I have an H-1B visa, and wish to change
employers, what must happen?
The new employer must obtain an approved petition on
your behalf, and your status in the U.S. must be amended, before you may
begin work. Even though your visa may be annotated with the name of your
former employer, you may lawfully enter using that visa in order to work
for the new employer. When you enter, INS will likely want to see, at a
minimum, a copy of the petition approval obtained by the new employer. We
usually advise that you have your passport visa amended to include the new
employer's name simply to avoid any delays at the border or
airport.
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If I hold an E-2 Treaty Investor visa and entry,
and my employer corporation is sold to an enterprise of a different
nationality than mine, is my Treaty Investor visa and stay still
valid?
No. While careful
consideration should be given to the actual facts, generally when the
employer loses its nationality because it becomes owned by a majority of
ultimate owners of a different country, your right to a treaty visa
ceases. Thus if you are from London, and your U.K. employer is bought by a
Madagascar-owned business, you lose the right to be a treaty investor
employee.
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If I am scheduled to be interviewed at a Consulate
regarding my visa application, may I be accompanied by my attorney?
This decision is made
by the individual Consulate and/or consular officer involved. In recent
years the privilege to be accompanied by your attorney at an interview has
been stringently curtailed. In many locations, attorneys are not even
allowed to enter the Consulate with you. However, active representative is
still permitted and conducted effectively through other means of
communication; by telephone, fax, e-mail, and/or letter; often both before
and after your visa application is considered.
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What U.S. taxes must I pay?
This is among the most complicated
questions you may ask. The answer depends upon your intended status in the
U.S., how long you are and have been present in America, whether there
exists a tax treaty between your country and the U.S., and upon
significant number of other facts and determinations that are too numerous
to mention here. We strongly advise in cases that have significant tax
implications that the individual seek competent, experienced tax
counsel.
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If I enter the U.S. on the Visa Waiver Pilot
Program, can I change or extend my status without leaving?
No, except in the case where you
decide after you enter to marry a U.S. citizen. Then, providing you did
not intend to remain in the U.S. when you entered, you may apply for
Adjustment of Status to that of Lawful Permanent Resident despite the
nature of your entry.
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If I am offered a professional position in the
U.S. but I do not have a formal university degree, can I still be
approved for H-1B status?
Yes. Your education can be evaluated by a professional
credentials evaluator who may find that you have the academic equivalent
to a U.S. degree in your field. Too, the combination of your education and
your experience may be evaluated and found to equate favorably to such a
degree.
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What are some important characteristics to have
if I wish to study at an American university?
While we cannot provide an exhaustive
list, a Consul will look at whether it is likely that you will return to
your country when you finish your studies, and whether you will need to
work (unlawfully) during the time you are in the U.S. Financial backing
from somebody who has a rational reason to support you through school is
something to be considered. A distant family friend's promise to put you
through college may not be given as much weight as would a bank account in
your own name with a substantial balance accumulated over a period of
time. Consuls are frequently impressed by strong academic results during
your previous education, a solid and understandable reason why you want to
study at the particular school you've picked, how much you know about your
job opportunities when you return to your home country (or any reliable
job offer you may have upon your return). If you have family members who
have previously come to the United States, permanently or temporarily,
their immigration histories will probably be counted for or against your
application. When an applicant has been out of school for a considerable
amount of time, a strong reason could be needed to explain why that person
wants to give up whatever life he or she has established and return to the
academic world in the United States.
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