Additional Immigration Legal Services

B-1 business visas are available to businesspersons who can demonstrate that they are visiting the U.S. temporarily for business and have no intention of abandoning their residence abroad. Most business B-1 visitors receive a six-month stay upon entering the U.S. This can be extended in some circumstances for an additional six months.

An application for a B-1 business visitor visa should be accompanied by a detailed letter explaining the reasons for the trip and a copy of the itinerary for the trip. If the trip is on behalf of the applicant’s employer, a confirmation letter from the company that the employer is paying all of the expenses to be incurred during the trip and information on the B-1 visitor's employer should also be included. 

The application should be accompanied by extensive supporting documentation. This includes:

• Documentation of activities that will take place during the trip
• Travel documentation, including a copy of a round-trip plane ticket
• Evidence of sufficient funds to cover expenses during the trip
• Copies of trip arrangements, including hotel reservations, car rentals, internal travel domestic flight tickets, and tourist packages
• Letter showing confirmed meetings with U.S. companies, if applicable

Business visitors have strict limitations on the type of activities that they are permitted to engage in while in the U.S. For instance, B-1 visa holders must not be engaged in employment in the U.S. either for a U.S. employer or on an independent basis. Any work done in the U.S. must be performed on behalf of a foreign employer and paid for by the foreign employer.

The work should also be related to international commerce or trade. Activities normally considered appropriate for the B-1 visa include:

• Employees of a U.S. company's foreign office coming to the U.S. to consult with the U.S. company
• An employee of a foreign company coming to the U.S. to handle sales transactions and purchases and to negotiate and service contracts
• An employee of a foreign company coming to the U.S. to conduct business or market research, attending business conferences, seminars, or conventions
• An investor coming to set up an investment in the U.S. or to open a U.S. office
• Professional athletes who are not paid a salary in the U.S. and are coming to participate in a tournament
• A member of a board of a U.S. company coming to a board meeting
• An individual coming to the U.S. to handle preliminary activities in creating a business (opening bank accounts, leasing space, incorporating, and so on)

To learn more about a B-1 visa and how American Immigration Law Centers can help, contact us now. While B-1 visas must be obtained in your home country, we can provide advice on your options or help you extend or change your visa once you are here.

B-2 Tourist Visas are available to individuals who can demonstrate that they are visiting the U.S. temporarily for pleasure and have no intention of abandoning their residence abroad. Most B-2 visitors receive a six-month stay but may receive a shorter stay depending upon the visitor's statements to the immigration officer regarding how long the visitor needs to complete his or her expected visit. 

The process for obtaining the B-2 visa can be difficult depending on the national origin of the applicant, the age and marital status of the applicant, and the applicant's ties to the U.S. and his or her home country. To qualify for a tourist visa, an individual must convince the consular officer of several things. This includes that he or she:

• Is coming to the U.S. temporarily for a specific period
• Will not be working in the U.S.
• Will maintain a foreign residence that he or she has no intention of abandoning during the period of his or her stay in the U.S.
• Has the financial ability to pay for the trip and expenses or has made financial arrangements with someone else who will pay for the trip
• Has specific and detailed trip plans
• Has ties to his or her home country such as demonstrated by reasonably good employment, his or her own business or financial connections, close family ties, or social or cultural associations

All of this must convince the officer that he or she is likely to return home from the U.S. Additional information and evidence must be presented to obtain your B-2 visa. This includes:

• A detailed letter explaining the reasons for the trip
• Supporting documentation showing the activities that will take place during the trip
• Travel documentation, including a copy of a round-trip plane ticket and evidence of sufficient funds to cover expenses during the trip
• Copies of trip arrangements, including hotel reservations, car rentals, internal travel domestic flight tickets, and tourist packages
• A letter from friends or relatives in the U.S. who will be providing housing during the visitor’s stay in the U.S.

B-2 Visitor visas cover many types of activities in the U.S. including general tourism, visits to relatives or friends, visits for health reasons, medical treatment, participation in conferences, participation in incidental or short courses of study, and participation in amateur arts and entertainment events.

After entering the U.S., visitors may change from a B-1 or B-2 visa to another visa. Common changes include those to an F-1 student visa or H-1B work visa. However, applicants for a change of status request should reasonably wait at least 60 days after entering the U.S. before a change request is made. Otherwise, the USCIS could deny the request, believing that the B visitor had the intention to obtain the new visa status when he or she entered the U.S.

If you desire to change your visa or extend your stay, American Immigration Law Centers is here to help. We’ll manage the whole process and help you obtain USCIS approval. Let our legal advice help you out. Contact our team to learn more and get a free same-day consultation.

F-1 Student Visas are available for international students pursuing a full-time academic course of study, such as an associate degree, bachelor’s degree, master’s degree, or doctor of philosophy degree. 

M-1 Student Visas are for students who are pursuing a full-time course of study at an established vocational school or other nonacademic school.

F-1 students must pursue full-time study, which is generally defined as at least 12 semester hours of instruction per academic term, except in cases where the student requires fewer hours to complete the course of study. For M-1 students in vocational and nonacademic programs, a full course of study usually consists of at least 18 hours of study per week if classroom instruction is the dominant part of the course or 22 hours of study per week if the dominant part of the course is in the laboratory or workshop.

Both F-1 and M-1 students are admitted to the U.S. for a duration of status, which is designated as D/S. This ensures that the student’s status is stable for the duration of their studies. Students are also given a 30-day grace period in which to depart following completion of the course.

Spouses and children of international students who are under age 21 are issued dependent student visas, designated as F-2 or M-2. Spouses and children may accompany the F-1 or M-1 student to the U.S. to live while the student completes his or her course of study. Generally, these dependents may not be employed in the U.S. but may attend school either as part-time or full-time students.

Once a student has completed a course of study, it is possible to pursue higher studies or change fields by obtaining an extension of the student visa.

Generally, international students are not allowed to work without USCIS authorization. F-1 students are only allowed to work under specific circumstances. On-campus employment is permitted up to 20 hours per week, while off-campus employment is limited to internship or other work-study programs that may be required for a specific degree.

F-1 students are also eligible to work under optional practical training (called OPT) regulations. These regulations allow students to work off-campus in their field of study for one full year either during their studies or after graduation. Students in certain STEM (science, technology, engineering, and math) fields are also eligible to apply for an additional 17 months of OPT (for a total of 29 months) as long as their employer qualifies by having registered under the new e-Verify system.

M-1 students are not authorized to accept on or off-campus employment. They are, however, allowed to participate in OPT following the completion of their course of study. The period of practical training is determined by authorizing one month of training for each four-month period of study. However, the practical training is not to exceed six months.

For both F-1 and M-1 work authorization, a request for practical training must be submitted no more than 60 days before the completion of studies and no later than 30 days after completion.

Generally, after graduation with at least a bachelor’s degree and during an F-1 student’s OPT employment, his or her employer can apply for the student to work in the U.S. for up to six years on an H-1B work visa. To obtain residency, the employer can further sponsor the foreign national for an immigrant visa through a process called labor certification (PERM).

After obtaining the I-20 from your school, we will register you with the U.S. Government’s Sevis website and file your F-1 student visa application with the USCIS. It typically takes between 30 to 60 days for the USCIS to approve the change of status to F-1 student visa status, so it is best to begin the process immediately after the first 60 days. Individuals changing from tourist B-1 or B-2 visas to F-1 status may not begin their studies until a change of status has been approved by USCIS.

For more information about student visas and other visas, contact our office to schedule a free consultation. Our attorney will fully review your circumstances and give you the best, most honest advice concerning what steps you can take to obtain your desired immigration status. 

The O-1 visa is a temporary work visa available to individuals who have "extraordinary ability in the sciences, arts, education, business or athletics" that "have been demonstrated by sustained national or international acclaim." It is also available to those in motion pictures and television who can demonstrate a record of extraordinary achievement. 

O-1 applicants must be sponsored by a U.S. company, agent, manager, concert promoter, or someone similar to work in the U.S. in their field and must be paid the salary stated in the visa application. O-1 visas are generally approved for a period of three years and can be extended in one-year increments thereafter. 

Additionally, once the O-1 visa is approved, the O-1 immigrant may also qualify to immediately apply for a Green Card as an individual of extraordinary ability. Many occupations qualify for O-1 visas. They can be used for most business, athletic, scientific, and entertainment fields.

Accompanying spouses and minor children under age 21 of O-1 visa holders automatically receive O-3 visas. These visas allow them to stay in the U.S. but not to work. 

To obtain an O-1 visa to work in the sciences, education, business, or athletics, applicants must demonstrate that they possess "a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of endeavor."

Extraordinary ability in the arts means that the applicant has attained distinction. Distinction is defined as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered." Distinction has also been defined as prominence in the field of endeavor.

Specific evidence to demonstrate your extraordinary ability is required. If you have won a Nobel Prize, an Oscar, or a similar internationally recognized award, you are eligible. You can also qualify with three or more of the 10 criteria:

1. Winner of lesser nationally or internationally recognized prizes or awards
2. Membership in associations that require outstanding achievement (as judged by recognized experts)
3. Significant published material (written by others) about you relating to your professional work
4. Service as judge of the work of others in your field
5. Major contributions to your field (i.e. DVDs, recordings, patents, copyrights, cure for a disease)
6. Scholarly articles written by you in publications
7. Artistic exhibitions or showcases (i.e. art exhibitions, athletic competitions, and so on)
8. Leading or critical role for distinguished organizations (i.e. featured actor in a movie or TV program, being chosen to create a new logo for the Olympics, and so on)
9. High salary or remuneration (compared to others in the field)
10. Commercial success in performing arts (shown by box office receipts or record, cassette, compact disk, or video sales)

P-1 visas allow athletes, artists, and entertainers to come to the U.S. to perform in specific events, competitions, or performances. To qualify, the artist, entertainer, or athlete must be internationally recognized in his or her field or as a group and must be sponsored by a U.S. employer or an international employer working through a U.S. agent. P-1 entertainers (not athletes) must be performing as part of a group, and the group must have been established and performing regularly for at least one year. Outstanding athletes may apply for this visa to compete in the U.S., either as individuals or as members of an internationally recognized athletic team. P-1 visas can be issued for up to five years.

Accompanying spouses and minor children under age 21 of P- I visa holders automatically receive a P-4 status. They are not allowed to work but may attend schools or colleges.

Learn more about your opportunities for a P-1 visa. You can get a free consultation with our attorney to review your case. We’ll give you the best, most honest advice to help you obtain residency with a work visa. Trust us to review your eligibility, prepare your case, and organize your documentation. We’ll represent you throughout the process. Contact us today!