Non-Immigrant Visas: B1/B2, F1, J1, L1, H1B
There are more than twenty-five categories of nonimmigrant visas, depending on an individual’s reason for visiting the U.S. The application procedure and terms of the visa vary depending on the type of visa sought. We at MathurLaw LLC can help you and your immediate family obtain a non-immigrant visa, extend an existing visa, or adjust status.
Most categories of non-immigrant visas, such as the B1/B2 Visitor, F1 Student, J1 Exchange Visitor and others require the applicant to overcome the presumption of immigrant intent (§214(b) of the Immigration and Nationality Act) by demonstrating that he or she is entering the U.S. for a limited duration for a specific purpose and intends to return to his or her country at the end of the authorized stay. Contact us for a confidential consultation to discuss your options.
H1B Visas for Specialty Occupations
Applicants for H1B visas are not required to demonstrate that they intend to return to their home country – the doctrine of “dual intent” applies. An H1B visa, based on an employer petition, is originally granted for a period of up to three years and can be extended for a total of six years. An immigrant petition can be filed on the worker’s behalf while he is in H1B status. His H1B status will continue to be valid while a timely-filed Immigrant Petition for Alien Worker (I-140) is pending. Once the petition is approved, the worker can adjust to immigrant status without having to leave the United States.
Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors, nurses, and college professors. The current annual limit on H-1B visas is 65,000. However, those seeking employment at Colleges, Universities, and other institutes of higher learning and related nonprofit or governmental research organizations are exempt from this limit. An additional 20,000 new H-1B visas are available for workers with a Master's or higher degree from a U.S. academic institution.
L1 Intra-company Transferees
Also exempt from having to overcome the §214 (b) presumption of immigrant intent, L1 visa applicants are employees of a foreign branch, subsidiary, parent, or affiliate of a U.S. company coming to work in the U.S. office. To qualify as an L1, applicants must have worked in the foreign branch for at least one out of the last three years and be managers/executives or specialized knowledge staff of the foreign affiliate.
Initially, L1 visas will be granted for up to three years. The visa can be renewed up to a maximum of seven years. After seven years in L-1 status, the employee must work outside the United States for at least one year before a new application is made for L or H status.
