A K-2 visa allows the children of a K-1 fiance visa holder to enter the United States until an immigrant visa becomes available. To be eligible for one of these nonimmigrant visas, the applicant must be under the age of 21 and the K-1 applicant's unmarried child.
Children of a fiancé(e) may be granted a K-2 visa through their parent's fiancé(e) petition. The petitioning US citizen is required to include the names of the children on the I-129F petition. After the fiancé(e) and American Citizen marry, the fiancé(echildren )'s must obtain a separate Application to Register Permanent Residence (Form I-485) or an Adjustment of Status.
Within one year of the visa's issuance, the children have the option of accompanying or joining the K-1 parent. If the children choose either of the previously stated options, no additional petition is required. If the child(ren) exceeds the one-year limit, a separate immigrant visa petition will be required. Again, the child must be unmarried in order to qualify for the K-2 visa. Furthermore, the marriage between the fiancé(e) and a US citizen must take place before the child reaches the age of 21. The previous age limit was 18, but the Child Status Protection Act (CSPA) raised it to 21.
The Advantages of the K-2 Visa
The K-2 visa provides a number of benefits. You can live in the United States with your parent on a K-2 visa until they marry. By completing and submitting Form I-765, you can apply for work documents, also known as an EAD. Once the K-1 visa holder marries a US citizen, you are permitted to study in the country and apply for permanent residence. It's best to speak with a K-2 visa attorney to learn about other benefits available only to K-2 visa holders.
K-2 Visa Restrictions
This visa has a few disadvantages. If you have a previous immigration violation that has temporarily or permanently barred you from entering the United States, you may not change to another nonimmigrant status or enter the country. If you find yourself in this situation, contact a K-2 visa lawyer right away to discuss your options.
Requirements for a K-2 Visa
A K-2 visa application must include the following forms:
DS-160 Form (completed online) accompanied by a recent photograph
Passport (valid) (valid)
Birth certificate copy
Form I-134, Affidavit of Support, and sponsor documents completed
Medical examination
Other documents may be required, depending on the circumstances. To find out what those are, contact a Tahmidur Rahman Remura Wahid Law Group K-2 visa lawyer.
Interview for K-2 Visa
The consulate or embassy in the United States that is processing the K-1 fiancé(evisa )'s will almost certainly require all K-2 children over the age of 14 to attend the consular interview with their parent. This may include asking the child questions to help verify the fiancé(erelationship )'s with the US citizen, so keep this in mind before showing up for your interview.
Here are some examples of possible questions:
What is the name of the person your parents are planning to marry?
Have you ever met the individual?
Can you tell me anything about this individual?
Honesty is the best policy in all consular interviews (and all immigration dealings). Answering a question with "I don't know" is far preferable to making up an answer or exaggerating the truth, as this could jeopardize your ability to apply for additional visas or change your status to legal permanent resident.
Processing Time K-2
Processing times for any visa or green card are rarely fixed. These times are usually determined by the caseload of the service center that is handling your petition. The I-129F,
four to six months to process.
Despite the fact that premium processing (the optional service that reduces processing time to 15 calendar days) is available for many visas and green cards that use the I-129 and I-140 petitions, the K-2 uses the I-129F, which is not eligible for premium processing.
Because the two are linked, expect your K-2 visa processing time to be the same as the time it takes to adjudicate your fiancé(eK-1 )'s visa.
What Is the Cost of a K-2 Visa?
The K-2 comes with several costs, including:
The $535 I-129F filing fee A $85 biometrics fee is possible. The embassy may charge a fee of $265. Other expenses may include travel expenses and attorney fees. Visit our fees page to see our flat K-2 rates.
Green Card to K-2 Visa
Obtaining legal permanent residence through the K fiancé(e) visa is a relatively simple process. When you marry a US citizen, you become an immediate relative of that citizen, which has certain advantages. Unlike other family-based green cards (such as the F1 or F2), which require you to wait until your priority date is considered current before filing to adjust your status, the USCIS states that "immigrant visas for U.S. citizens' immediate relatives are always immediately available."
This means that if you and your U.S. citizen fiancé(e) marry within 90 days of your arrival in the United States, an immigrant visa number will be available immediately without having to deal with priority dates. You must file an I-485 Application to Register Permanent Residence or Adjust Status in order to apply. This can take up to six months to complete, and no premium processing is available. You must submit an application for yourself as well as each of your K-2 children.
Once your I-485 is approved, you will become a legal permanent resident, and your marriage-based green card, as well as green cards for your K-2 children, will be mailed to you within six months.
You will no longer be considered an immediate family member if you are over the age of 21 and unmarried. Instead, you will be eligible for the F1 green card. However, depending on your country of origin, this visa is subject to priority date waiting times that can last several years.
K-2 Visa Frequently Asked Questions
The following are some frequently asked K-2 visa questions. For more information, please contact a Tahmidur Rahman Remura Wahid Law Group K-2 visa lawyer.
Q. How long can I stay on a K-2 visa?
A K-2 visa allows you to stay in the United States for up to 90 days, beginning on the day you enter.
Q. What if my parent (a K-1 visa holder) does not marry their fiancé?
If the K-1 parent visa holder does not marry within 90 days, the K-2 visa holder must leave the United States within 30 days.
Q. Is it possible to extend your stay on a K-2 visa?
If your K-1 visa holder parent does not marry, you may not apply for an extension of stay on a K-2 visa.
Q. Is it possible to study or work on a K-2 visa?
A K-2 visa allows you to study and work in the United States. To be able to work, you must first file the necessary documents in order to obtain Employment Authorization Documents (EADs).
K-4 Visa
Children do not require separate Petition for Alien Relative, I-130 petitions; however, the petitioner must ensure that all of his or her children are named on the Petition for Alien Fiance, I-129F petition.
Before his or her children can be granted permanent residence, the petitioner must file separate I-130 immigrant visa petitions. They must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the petitioner's area when they adjust status in the United States. According to immigration law, children must be unmarried and under the age of 21.
How Tahmidur Rahman Remura Wahid Immigration Law Group Immigration Lawyers Can Assist
The process of obtaining a K-2 visa and adjusting your status to green card is lengthy and complicated. A simple mistake on a petition or filing the wrong fee to the wrong place can cause your immigration to be delayed, costing you both time and money. Hiring an immigration attorney to assist you with your case is the best way to avoid these pitfalls.
For years, Tahmidur Rahman Remura Wahid Law Group's experienced team of family-based immigration lawyers has assisted people like you in making the transition to the United States through marriage. We will be with you every step of the way, from filing the petition to dealing with any obstacles that may arise.
You can contact one of our attorneys by completing this simple contact form and scheduling your consultation with our office today. If you are an immigrant fiance looking to bring your children to the United States, the K-2 visa is the way to go.
The K-3 nonimmigrant visa is intended for the foreign-citizen spouse of a US citizen. This visa category is intended to shorten the physical separation between foreign-citizen and US citizen spouses by allowing them to obtain a nonimmigrant K-3 visa overseas and enter the US while their immigrant visa petition is being processed.
Following petition approval, K-3 visa holders apply to the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) to adjust status to permanent resident (LPR).
Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse, a K-3 applicant must meet some of the requirements of an immigrant visa while the petition is pending approval.
It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the United States must apply for the K-3 visa in the country where the marriage occurred.
K-4 visas are issued to eligible children of K-3 visa applicants. Both the K-3 and K-4 visas allow their holders to remain in the United States while their immigrant visa petitions are being processed by USCIS.
How is a spouse defined in US immigration law?
A spouse is a legally married man or woman. Marriage does not qualify for immigration simply because the couple lives together. Depending on the laws of the country where the common-law marriage occurs, common-law spouses may qualify as spouses for immigration purposes. Only the first spouse may qualify as a spouse for immigration in cases of polygamy. Immigration law now recognizes same-sex marriages for the purpose of immigrating to the United States. K-3 Visa Eligibility Requirements
The visa holder must be the legal spouse of an American citizen. (Please keep in mind that spouses of permanent residents are not eligible for a K-3 visa.) The visa holder must currently reside outside of the United States. Certain income requirements must be met by the US citizen. The current adjusted HHS poverty guidelines will be used to determine this. The US citizen must have filed an I-130 petition to sponsor the foreign spouse, which must be pending with USCIS. In other words, the petitioner (the US citizen) must have received a receipt notice from USCIS, but the petition must not yet be approved. If the foreign spouse has biological or adopted children who will also enter the United States on a K-1 visa, the children must be under the age of 21 and unmarried. K-3 Visa
How to Apply for a K-3 Visa
Obtaining a K-3 visa involves three major steps. The process will begin with the filing of an I-130 form by the US citizen. While that is being processed, he or she will file an I-129F petition. Once the I-129F form has been approved, the foreign spouse will complete the process at a U.S. embassy or consulate in his or her home country. Each of these stages is described further below:
I-130 Form
The U.S. citizen sponsor must first file an I-130 form, also known as a Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the U.S. citizen's area.
The I-130 form is used to prove that a valid marriage exists between a U.S. citizen and a foreign spouse for the purpose of applying for a permanent immigrant visa. Due to the common fraudulent methods associated with marriage-based green card sponsorship, the USCIS will require the petitioner to demonstrate beyond a shadow of a doubt that their marriage is genuine and was not entered into fraudulently for the purpose of obtaining a green card.
In the application form, you will be asked to answer several personal questions. As proof of a genuine marriage, there must also be relevant strong supporting documents. Check out the I-130 document checklist.
Following the submission of the I-130, the USCIS will send a receipt number indicating that the application has been received. However, because immigrant visas can take a long time to process and it's often not ideal to be separated from family for the entire processing period, the K-3 nonimmigrant visa allows applicants to live in the United States while their application is pending.
Form I-129F
After fulfilling the aforementioned requirements, the U.S. citizen spouse must file an I-129F. Though known as the Petition for Alien Fiancé(e), this form is also used for K-3 spousal visas.
While the I-129F is used to apply for a nonimmigrant visa, it shares many similarities with the I-130 form in that they are both used to establish a genuine marriage relationship. As a result, the US citizen must submit the form along with supporting documents similar to those required for the I-130 form. These are their names:
Proof of citizenship for a US citizen (e.g. passport, birth certificate, naturalization certificate). If either the foreign spouse or the US citizen has been previously married, proof of the previous marriage's dissolution must be submitted. A copy of the divorce decree, marriage annulment, or death certificate could be used. The passport of the foreign spouse Marriage license. If it was issued in a language other than English, a certified English translation must be submitted. I-979 Form, Notice of Receipt for I-130 Petition Passport-sized photos of both the US citizen and the foreign spouse Departure/Arrival Record (I-94 form) if the foreign spouse has ever visited the US The average time to receive a notice is around 30 days. The I-129F form processing time ranges between six and nine months, depending on the workload at the USCIS service center in charge of the petition. Following USCIS approval, the petitions will be forwarded to the National Visa Center (NVC) for processing. The beneficiary (foreign spouse) will also receive notification that the I-129F form was approved. After being notified, he or she must proceed with the consular processing, as explained below.
How Consular Processing for K-3 Visa Works
If the NVC receives the approved I-129F petition before the I-130 petition, the I-129F petition will be processed. The I-129F petition will then be sent to the US embassy or consulate in the country where the marriage took place by NVC.
If the marriage takes place in the United States, the NVC will send the petition to the US embassy or consulate in the foreign-citizen spouse's country of nationality that issues visas. If the marriage occurred in a country without a U.S. embassy or consulate, or if the embassy or consulate does not issue visas, the NVC will forward the petition to the U.S. embassy or consulate that normally processes visas for citizens of that country. The foreign-citizen spouse will be given specific instructions, including where to go for the required medical examination, by the US embassy or consulate where he or she will apply. The foreign citizen spouse will then be invited to an interview at the US embassy or consulate to determine eligibility for the K-3 visa.
Procedures for Consular Processing
Fill out the DS-160 Application
The foreign spouse must first create an account on the website of the US embassy or consulate that is processing the visa. After that, he or she will download the DS-160 application form, fill it out, and electronically submit it to the Department of State.
When the application form is completed, the web portal will generate a confirmation page with a barcode. The barcode on this confirmation page will be required later to book and attend the visa interview at the embassy.
Pay the Visa Processing Fee and Make Appointments
To pay the K-3 visa processing fee, the foreign spouse must use one of the payment options available on the website. The DS-160 application also requires a pre-arranged one-on-one interview at your home country's embassy or consulate. An immigration medical exam will also be required. The medical examination is performed by one of the civil physicians authorized by the embassy or consulate and must be completed prior to the visa interview date.
Documents for Consular Processing K-3
Documents required for K-3 consular processing may differ depending on the embassy or consulate. The following are the most common items required to complete the application:
Confirmation of original birth certificate DS-160 form submission
The visa applicant's foreign passport
Immigration medical certificate outcomes
two (2) passport-sized colored photographs (must meet these requirements)
If necessary, an affidavit of support (I-134 form).
Evidence of previous marriage(s) annulment, if applicable
Nonimmigrant Visa Application Form DS-156 and Supplement DS-156k
Biographical DS-230 Form Completed
clearance from a background check
Participate in the Visa Interview
The embassy will notify the foreign spouse of the interview appointment once the above steps have been completed correctly. The notification will include the date, location, and time of the interview, as well as the items that must be brought with you. If everything goes well and the foreign spouse is granted a K-3 visa after the interview, he or she may travel to the United States.
Application for a Green Card
Now that the foreign spouse has arrived in the United States, the application can be completed by submitting an I-485 form, also known as the Application to Register Permanent Residence or Adjust Status. The form can be submitted alongside forms I-795 and I-131. These two forms are used to request an employment authorization document (EAD) and, separately, a travel permit.
K-3/K-4 visa holders must first obtain employment authorization documents (EADs) in order to receive their social security number. Fill out Form I-765 and an I-485 Adjustment of Status petition to receive this authorization.
Take your marriage certificate to the social security office when you're ready to receive your card with the correct last name. A K-3 visa attorney can guide you through the process step by step.
The Advantages of the K-3 Visa
Securing a K-3 visa has three distinct advantages over other visa petitions. The first advantage is that the waiting period is usually shorter than for other marriage petitions. The second advantage is that you can apply for a work permit, which is important for many immigrants. You can also bring children under the age of 21 to the United States on a K-4 dependent visa.
K-3 Visa Questions and Answers
Take a look at some of the most frequently asked K-3 visa lawyer questions.
Q. What are the primary requirements for obtaining a K-3 visa?
To be eligible for a K-3 visa, you must be legally married to a citizen, have an I-130 petition filed on your behalf by your spouse (a US citizen), and be seeking to enter the country while your green card petition is being processed. Contact a qualified K-3 visa lawyer or attorney if you believe you meet these three criteria.
Q. How long does it take to process a K-3 visa?
The processing time for a K-3 visa varies by case, but on average, USCIS takes 3-5 months to process, plus an additional 2-3 months at the consulate.
Q. What is the maximum length of stay on a K-3 visa?
K-3 spouses can stay for up to two years, or until their I-130 is approved and they can apply for green cards. If USCIS has not yet approved the I-130 for whatever reason, you may file extensions.
Q. Is it possible to study or work on a K-3 visa?
You can study and work on a K-3 visa by submitting Form I-765, Employment Authorization Document (EAD).
If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.
The K-1 fiancé(e) visa is a nonimmigrant category of marriage-based visa intended for foreign-born fiancé(e)s of US citizens. It allows those foreign fiancé(e)s to come to the United States with the intention of marrying their US citizen fiancé(e)s who are sponsoring their visas.
The K-1 visa allows for 90 days for the wedding to take place. Following that, the foreign fiancé(e) can apply to the USCIS for an adjustment of status in order to become a Lawful Permanent Resident (LPR) and receive a green card. Any dependents of the foreign fiancé(e) may also enter the United States under K-2 visa status.
Due to the primary purpose of this visa class being eventual permanent immigration, applicants must meet some requirements typically associated with an immigrant visa.
Fiancé(e)K-1 Visa Definition
According to the regulations established by United States immigration law, a fiancé(e) is anyone who receives an approved I-129F Petition for Alien Fiancé(e). This individual should also be coming to the United States to marry the United States citizen who has sponsored him or her and filed the petition on his or her behalf.
Both partners in the relationship must be free of any legally binding marital obligations. This means that any previous marriages must have ended in divorce, annulment, or death, allowing each fiancé(e) to marry in the United States on the date the I-129F petition is filed with the USCIS. The marriage must also follow the laws of the state where the ceremony will take place.
The K-1 Visa Application Process:
The following are the main steps in the K-1 process:
The U.S. citizen who is sponsoring the foreign fiancé(e) must file an I-129F, Petition for Alien Fiancé(e), with the USCIS field office nearest to the U.S. citizen's residence. It is important to note that the I-129F form cannot be submitted to a US embassy, consulate, or USCIS office overseas. After the USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for processing, and the NVC forwards it to the appropriate US consulate or embassy after assigning it a case number. Once the petition from NVC is received by the US embassy or consulate where the foreign-citizen fiancé(e) will be given specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be summoned to the consulate for an interview in order to obtain a K-3 visa.
Documentation Required for Fiancé Visa:
The K-1 fiancé(e) and all eligible dependents applying for the K-2 visa must bring the following items to the K-1 visa interview:
DS-160 Nonimmigrant Visa Application Online Each K visa applicant should submit one completed application.
A valid passport with a validity period of at least six months beyond the intended duration of stay in the United States. Please keep in mind that each country may have its own set of exceptions; consult with your immigration attorney for more information.
The birth certificate of the foreign fiancé(e).
Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé(e) and the U.S. citizen sponsoring the foreign citizen.
The police certificate issued by the country where the foreign-born fiancé(e) currently resides. Police certificates will also be required from any country where the foreign fiancé(e) has lived for more than six months since the age of sixteen.
Evidence of a medical examination that has been approved
Proof of long-term financial support to demonstrate that the fiancé(e) will not be financially dependent on the US economy. (Affidavit of Support Form I-134 may be requested.)
Two (2) passport-style photographs Check out the Department of State's photo requirements.
Proof of a genuine and non-fraudulent relationship between the US citizen sponsor and the foreign fiancée (e).
All accompanying visa fees must be paid.
It is always advisable to retain a qualified fiancé(e) visa lawyer to help ensure that all of your documents are completely filled out and to avoid any unnecessary setbacks.
What Is the Cost of a K-1 Visa?
When applying for a K-1 fiance visa, there are several costs to consider. The first is the filing fee for the I-129F, which is $535. When the fiance who is sponsoring the beneficiary files the petition, he or she pays this fee. Fortunately, there is no fee for filing K-3 petitions if the same U.S. citizen sponsor has also filed an I-130 Petition of Alien Relative with the USCIS.
The cost of traveling to and from the US Consulate or Embassy for your interview is the second fiance visa cost to consider. Obviously, this will be determined by your mode of transportation and the distance between you and the consulate.
The third consideration is the cost of your attorney, which can vary greatly. On our Tahmidur Rahman Remura Wahid attorney fees page, you can see the flat fee that we charge.
What Can I Expect During the Interview?
The K-1 visa interview is intended to give immigration officers the opportunity to determine whether your relationship is a sham designed to allow you to enter the United States illegally. While this may appear to be a serious issue for those who have a legitimate relationship with their foreign fiancé, it should not be (e).
The officer will conduct the interview by asking you simple questions about your fiancé(e) and your relationship (for example, where he/she works, how long you've known him/her, and so on). Overall, the interview should be brief, and you should be on your way to obtaining a green card in no time.
Going over the specifics of your situation and relationship with an experienced fiance visa lawyer is a great way to ensure that you are as prepared as possible for the K-1 visa interview.
What Happens After Divorce?
Once married, your new spouse can apply for Adjustment of Status in order to work and live permanently in the country, effectively completing the K-1 visa process.
K-1 and K-2 visa holders may apply for employment authorization (EAD). It's important to note that if you file the application before the Adjustment of Status, your EAD will expire within the 90-day period (when K-1 expires). As a result, applying afterward is recommended.
Obtaining a Social Security Card
Most people are curious about when they will receive a social security number after marriage. After providing an unexpired I-94, you can obtain an SSN. You must also have an EAD before applying for an SSN.
Tip: Applying for your SSN too soon may result in delays. Wait about two weeks after you arrive in the country. Otherwise, manual verification from the USCIS may be required because your arrival records may not yet be saved in the system.
Here's how it works:
Bring your marriage certificate to the Social Security office to prove your new married name. If you want to change your name after your marriage is finalized, go to the Social Security office and present your marriage certificate.
What If I Am Denied a K-1 Visa?
Your K-1 visa may be denied for a variety of reasons. One of the more common and mundane reasons is that the I-129F contained incorrect, incomplete, or inconsistent information. In this case, simply correct the error and resubmit the petition with a new fee. The best way to avoid this delay is to have your petition reviewed by an immigration attorney before filing.
Another reason your visa may be denied is if the immigration officer at the US Consulate or Embassy is not convinced of your engagement's legitimacy. Unfortunately, if there has been a high number of fraudulent applicants from your country, this can easily happen.
From a K-1 Visa to a Green Card
The process of transitioning from a K class visa to a green card differs from that of other immigrant visa categories. Nonimmigrants on all four K visas can apply to have their status adjusted to green card status under the Legal Immigration and Family Equity Act (or LIFE Act).
The I-130 Petition for Alien Relative is no longer required for K-1 and K-2 holders, which differs from the standard green card process. This was done to reduce the amount of time families would be separated while waiting for the petition's priority date to be current. Instead, the USCIS states that if you meet the following criteria, all you need to do is file an I-485 application to transition from a K visa to a marriage-based green card.
You must meet the following requirements to be eligible:
be a K-1 visa holder have married your U.S. citizen fiancé(e) within the 90-day window be eligible to adjust your status have an available immigrant visa number be able to enter the U.S. The timeframe for adjustment of status differs depending on the type of K visa you have:
Holders of K-1 visas (foreign fiancé(e)s) should update their statuses as soon as they marry their U.S. citizen fiancée (e). K-2 holders (children of foreign fiancé(e)s) should adjust their statuses concurrently with their K-1 parent. K-3 holders (foreign spouses) can change their status as soon as they enter the United States. K-4 holders (children of foreign spouses) should update their immigration status at the same time as their K-3 parent. As a K-1 applicant, you must consider how long it will take to get married and receive your marriage certificate before filing the I-485 to change your status from K-1 to green card.
Supporting Evidence Required
To make the change, you must submit the following documentation with your I-485:
Two passport photos that follow the Department of State's guidelines. G-325A form with your biographical information. a photocopy of an official ID a certified copy of your birth certificate a photocopy of your passport with your K class visa I-94 arrival and departure form If you have a K-1 visa, your marriage certificate. Form I-864, Affidavit of Support A copy of any form or application you submitted in connection with your K class visa. If you are a K-3 or K-4 holder, you must provide a copy of your pending I-130 petition. The proper filing fees Fiancé(e) Visa K-1 Questions and Answers
Q. What constitutes acceptable proof of a fiancé? (e) relationship?
Photographs of family and relationships, phone records, letters, cards, and so on. You will be asked questions during your interview to help the officer verify your relationship. Consult a K-1 Visa attorney to determine which other documents may be required.
Q. Can a K-1 Visa holder leave the United States?
When a K-1 visa holder arrives in the United States, he or she is not permitted to leave and re-enter on the same visa. If you plan to leave the country and then return, you should apply for a travel document with Form I-131 or change your status to legal permanent resident.
Q. Can a K-1 Visa holder work in the country?
You certainly can. They can, as previously stated, if they file Form I-765 for employment authorization and meet the other eligibility requirements.
Q. How long does it take to process a K-1 visa?
There is no exact answer because the time period varies greatly depending on the specifics of the case. The time it takes to process your I-129F petition, for example, is heavily dependent on how busy the USCIS service center is. When it comes to the interview, the same can be said for the US consulate or embassy.
However, the processing time for your green card is unlikely to be lengthy. Most green card applicants must wait until their priority date (the date their immigrant petition was received by the USCIS) is current with the final action dates posted in the Department of State's monthly visa bulletin.
It is best to consult a K-1 visa lawyer for more information on the total amount of time it will take to complete the K-1 process.
Q. Is there a limit to the number of petitions that can be filed?
If you have filed two or more K-1 visa applications in the past, you may be required to apply for a waiver. The same is true if you have had an approved K-1 petition within the last two years.
Q. Do I need a medical exam to change my status?
According to the USCIS, you will not be required to obtain a medical examination if:
You've already gotten one for your K-1 visa. The I-485 was submitted within a year of the exam. You were examined without a Class A condition, or you obtained a waiver of inadmissibility for your Class A condition.
Q. What are the ramifications of marriage fraud?
Those who commit marriage fraud face harsh penalties, including five years in prison, large fines, or both. At the very least, you will have marks on your immigration record that may make it difficult for you to apply for a visa or green card in the future. The bottom line is that you must ensure that your case is legitimate.
Financial Requirements for the K-1 Visa
To bring a fiancé(e) to the U.S., you must demonstrate that you can support your fiancé(e) at 100% of the Federal Poverty Guidelines. You can find the specifics on Form I-865P. If you cannot meet these criteria, your other option is to have a relative or friend agree to be the joint sponsor. This is essentially an agreement to share the K-1 beneficiary’s financial support responsibility.
Both K-1 and K-2 visa holders can file for employment authorization documents. Still, if they file the application before filing the Adjustment of Status, then the EAD will expire concurrently with the K-1 visa. For that reason, you should apply afterward.
Sponsoring a foreign fiancé(e) can be a stressful process. A Tahmidur Rahman Remura immigration Group K-1 fiancé(e) visa attorney can guide you every step of the way and relieve you of the burden of preparing and filing the necessary forms with supporting documentation. Fill out this contact form to schedule a consultation today if you want to take advantage of our expertise and our flat K-1 visa lawyer fees.
O1 US Visa from Bangladesh: Advantages and Requirements
When it comes to working temporarily in the United States, the O-1 visa is unbeatable. The benefits are substantial, but obtaining an O-1 is no easy task. You'll need to show that you're a foreign national of extraordinary achievement, and there's a lot that goes into that. In this post, we'll look at how you can qualify and how the O-1 visa benefits apply to your specific situation.
An Overview of O-1
So, to properly weigh the benefits versus the qualifications, let's start with some background on the O-1 visa. Obtaining a visa for extraordinary achievements necessitates, well, extraordinary achievements. This may appear to be a broad statement, but the USCIS has very specific requirements for evidence of extraordinary achievements.
The O-1 visa is divided into two subcategories that are similar but distinct: O-1A and O-1B. The O-1A visa is intended for individuals who have made outstanding contributions to science, athletics, business, or education (left-brainers, if you will). Here is a list of evidence you can use to obtain O-1A benefits:
A well-known international honor, such as the Nobel Prize or an Olympic medal
A lesser-known but nationally or internationally recognized award
A membership in a specialized organization in your field
Mentions of your published work in trade journals
Scholarly articles in your field that you've written
Other notable contributions to your field
earning a high salary
Being a judge or member of a panel of judges for your peers
Holding key positions for prestigious organizations in your field
The O-1B, as you might expect, is more for right-brained people and is geared toward exceptional actors and artists. The criteria for this one differ slightly from those for the O-1A. You must provide proof of:
A prestigious award, such as an Oscar or a Grammy
A role as the lead in a well-known production
Having received national or international acclaim for your accomplishments
A leading and/or starring role in a well-known company
Reviews, publications, or other media coverage that demonstrates your commercial success
earning a high salary
Recognition for your accomplishments from reputable organizations
Remember that if you have a top-tier award, such as a Nobel Prize or an Oscar, you meet the requirement. If you do not have a top-level award, you must show evidence of at least three of the other items on the list above.
Furthermore, these lists are not exhaustive, and additional evidence can be used. Your immigration attorney can advise you on what can be used in this situation.
Benefits of an O-1 Visa
So, now that we know the requirements for this visa, we can look at the O-1 visa benefits that come with the prestige. In general, we will cover the following topics:
Cost\Sponsors\sValidity Green Card Process for Period Assistants and Family Members
What is the price?
When compared to other nonimmigrant visas, the O-1 is relatively inexpensive. You must pay the $460 basic filing fee for the I-129 petition and the $190 fee for the DS-160 online application as the petitioner (only if you are outside of the U.S. and are going through consular processing). You can also pay $1,225 for premium processing to have your I-129 processing time reduced from six months to just 15 calendar days.
So, without premium processing, the O-1 visa costs between $460 and $650. In comparison to the hefty H-1B fees, which can exceed $6,000 at times, and the loose E-2 visa investment of $150,000, the O-1 visa is relatively inexpensive.
Who is willing to sponsor me?
One frequently asked question is, "Can I self-petition?" While it is possible to self-petition or self-sponsor through visas such as the E class, it is not possible through an O-1.
So why did we include it on the list of O-1 visa benefits? This visa is advantageous due to the flexibility of your sponsor. The majority of visas that require a sponsor stipulate that the sponsor must be an employer. However, because O-1 visa applicants are frequently contracted rather than hired on an as-needed basis, the sponsor can be either an employer or a U.S. agent.
An agent is someone who is hired to represent the O-1 applicant's employment and interests. To qualify for the O-1, you must not be committed to any one employer or actively seek a job offer. You simply need someone to represent you and sponsor your visa. However, that person must represent you for the duration of your O-1 visa stay.
You can also seek employment directly from a company. If this is the case, you must ensure that this employer is your sole employer. You cannot switch from one to the other to keep your status, and you will need to apply for a new O-1 visa once your contract with your employer expires.
How long is the validity period of an O-1 visa?
This is where the O-1 visa benefits really shine. Most other visas have a maximum stay period. The H-1B visa allows you to stay for six years, the L-1 for five to seven years, and the J-1 for five years on average. In contrast, the O-1 visa allows for a three-year initial stay with unlimited extensions. In essence, you can stay and work in the United States as long as you have O-1 status and meet the requirements for an O-1 extension. These extensions are granted in one-year increments, but they are not guaranteed.
To petition for an O-1 visa extension, you must submit the following documents:
Another I-129 form, as well as the filing fee
A copy of your I-94 arrival/departure card with a valid departure date; and
A written statement from your agent or employer explaining why the extension is necessary and why your continued presence in the United States is required.
Family members and assistants
Another advantage of the O-1 visa is that you can bring your family with you under O-3 status, which is granted to your spouse and unmarried children under the age of 21. Their visa validity period will be the same as yours, and if you are granted an O-1 extension, it will be passed on to your O-3 family.
Under O-2 status, you can also bring along assistants who are considered essential to your work in the United States. Their status, like that of O-3 family members, is dependent on yours. If your status is extended, so will theirs. If your status is revoked, it affects theirs as well. Additionally, O-2 visa holders may bring their own family members under O-3 status.
Finally, O-2 and O-3 holders can change their status to lawful permanent resident, which we'll discuss next.
Green Card from O-1 Visa
In the field of immigration law, a nonimmigrant visa with "dual intent" refers to one that allows the holder to pursue lawful permanent resident (green card) status while still a nonimmigrant. Not all visas are dual intent. The J-1, TN, and B-1 visas are notable exceptions.
A U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions. Your employer or agent cannot file the petition more than one year before they actually need your services. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment.
However, because the O-1 visa is considered dual intent, filing a petition for a green card will not jeopardize or otherwise negatively impact your status. This is the most valuable of the O-1 visa benefits for many people. If you want to make your stay in the United States permanent, here's how to transition from O-1 status to green card.
You must first decide which green card you want to apply for. Because the qualifications are so similar, the majority of O-1 holders opt for the EB-1A for aliens of extraordinary achievement or the EB-1B for outstanding researchers and professors. Neither of these green cards requires a PERM Labor Certification, and the EB-1A does not require a job offer or a sponsoring employer, which is a significant benefit that allows you to keep your O-1 visa benefits. You can also apply for the EB-2 green card, which requires a PERM, a job offer, and a sponsor.
Once you've decided which green card path to take, you'll need to file an I-140 petition. As your O-1 agent cannot petition for you, you must petition for yourself or your employer. When the USCIS receives your petition, that date becomes your priority date. It is your responsibility to keep up with the most recent final action dates on the monthly visa bulletin. Once you see that the final action date for your green card category and country has matched or passed your priority date, you will be able to proceed to the next step.
When your priority date is current, you can file an I-485 with the USCIS and pay the appropriate fees to have your status changed from O-1 to green card status. This process can take several years or only a few months, depending on which green card you choose and the final action dates in the visa bulletin. Speak with your immigration attorney to learn more about your specific situation.
O-1 Visa Requirements
To be eligible for an O-1 Visa, you must demonstrate "extraordinary ability" by receiving national or international recognition or acclaim. Given the qualifications, the O-1 Visa approval rate is relatively low; however, it's worth investigating whether you might be eligible. You must also continue to work or perform in that field. Although the term "extraordinary" is generally subjective, it has some distinct definitions in this case.
"Extraordinary abilities" in science, business, athletics, and education refer to a level of verifiable expertise that elevates you above others in your field. This means you are among a small group of people at the top of your industry.
"Extraordinary ability" in the arts refers to notoriety or distinction. This means you've reached a level of proficiency that has earned you recognition in the arts community. You may be eligible if you are well-known or a leader in your field of the arts.
If you work in film or television, you must have achieved recognition or notoriety in your field. This means that your previous work was so exceptional that the industry recognized you. You may be eligible if your previous work has earned you verifiable recognition.
In each category, you may be able to demonstrate your extraordinary status by receiving industry awards, achieving notable success in specific endeavors, or displaying unique skill.
Obtaining an O-1 Visa
Any visa application requires close attention to detail; if you make a mistake or incorrectly represent yourself, your 0-1 visa will be denied. The O-1 Visa application process begins with the submission of a Form I-129, Petition for Nonimmigrant Worker, to the United States Citizen and Immigration Services. The form should be submitted no more than a year in advance and no later than 45 days before your arrival in the country.
The Form I-129 and Consultation
The Form I-129 must also be accompanied by a consultation opinion that includes evidence from a credible source that the alien possesses extraordinary abilities, as well as a description of the proposed work that the O-1 Visa holder will be performing. The consultant must be a member of a "peer group" or have expertise in the relevant field.
A labor organization or guild in the respective field is typically referred to as a peer group. For example, if you are an instrumental musician, you can consult with the American Guild of Musical Artists. If no relevant guild or labor union is available, a person with specific expertise in the alien's area of notoriety can be used.
If the consultant employs a watermark to verify their authenticity, ensure that the original version with the watermark is submitted to the USCIS. Make duplicates and keep them for your own records. Otherwise, sending a watermarked copy or an unwatermarked version may appear fraudulent or unauthentic.
Exceptions to Consultation
If certain circumstances apply, there are a few exceptions to the consultation requirement. You may not need the consultation if you can demonstrate that there is no peer group or labor organization in your field of expertise. Instead, the decision will be based on the evidence you present.
You may also be exempt from your consultation if you work in the arts and have previously visited the United States on an O-1 visa. If it has been less than two years since your last consultation and you are seeking readmission, the USCIS may waive the need for a second consultation.
Contract for O-1 Visa Petitioner and Beneficiary
The O-1 petitioner is usually an employer or a colleague who wants to bring an exceptional alien into the United States for a job or performance. As proof of the employment agreement, a copy of the written contract between the petitioner and the visiting alien is required. A written summary of an oral agreement can also be sent.
If you choose to include a summary of an oral agreement rather than a written contract, include anything that can add authenticity or clarity to the agreement's terms. If you discussed terms via email, send copies as proof. Otherwise, write down the entire set of terms, including what the employer offered and what the visiting employee accepted.
Visa Extension for O-1
When you apply for an O-1 visa, your stay in the United States is limited to the duration of your event. This is known as the validity period. You also have 10 days before the validity period begins and 10 days after it ends to visit the United States.
The initial period of stay cannot exceed three years. You may, however, extend your stay if the authorized employment requires more time. An O Visa is unique in that there is no limit to the number of times you can extend your stay. However, in order to avoid an extension denial, your O-1 visa extension application must be complete and strong.
To apply for an extension, you must submit three documents to the USCIS:
A Petition for Nonimmigrant Worker, Form I-129. This form serves several functions, one of which is to extend the time an O-1 Visa holder can stay in the United States.
A copy of the I-94, Arrival and Departure Form The record that the visa holder was given when entering the United States (possibly on the plane). When entering the country, any non-citizen must fill out this form. It keeps track of your arrival date and your original departure date.
A statement from the employer explaining why the stay should be extended. This should be a detailed explanation of why the project was delayed or needs to take longer.
If the beneficiary is accompanied by a spouse or children, they must also file Form I-539 Extend/Change Nonimmigrant Status. This should ideally be filled concurrently.
Employer Transfer for O-1 Visa
If you want to change jobs while on an O-1 visa, your new employer must file Form I-129. If there is a "material change" in your work, you must also file this form. This is a broad term that refers to any significant change in the nature of your work or in your working environment.
For example, if your job title changes due to a promotion or demotion, if you receive a raise, or if you relocate your office, this will be considered a material change.
If you are fired for any reason other than voluntarily resigning, your employer must provide funds for you to return to your last place of residence before entering the US. If the petition was filed by an agent, the agent is jointly liable with the employer for transportation funds.
Change of Status on an O-1 Visa
In some cases, an O-1 visa holder may apply for a change of status (COS) to another non-immigrant status or even permanent residency. This is due to the fact that the O-1 visa classification is considered to have "dual intent," which means that, unlike other work visas such as the TN and J-1, you can pursue your green card while on O-1 status. If you are in the United States and want to change your status, you must first meet the following requirements:
Been granted non-immigrant status in the country (like O-1)
Have not committed a crime or any other act that would disqualify them from receiving immigrant benefits
There can't be any outstanding issues that force them to leave the country before changing classifications.
A change of status application must be requested prior to the expiration date of the I-94.
Advantages of the O-1 Visa over H-1B and Other Work Visas
Because the H-1B visa and the O-1 visa have many of the same eligibility requirements, people frequently wonder which is better. An O-1 visa has three distinct advantages over an H-1B visa. The first benefit is that there is no annual fee.
The first advantage is that there is no annual quota on H-1B visas. The H-1B visa is limited to 65,000 in the regular cap and an additional 20,000 in the master's exemption each year. The O-1, on the other hand, has no annual quota and is open to anyone who meets the qualifications.
The ability to extend your O-1 visa in one-year increments after the initial three-year granting period is the second advantage. These extensions can be granted indefinitely as long as the visa holder maintains his or her nonimmigrant status and can demonstrate that an extended stay in the United States is required to complete the work that brought the beneficiary to the country in the first place.
More information on O-1 visa extensions can be found in this guide. The H-1B visa is also initially granted for three years. Following that, there is an option to extend it for two years and possibly one more (though this is not guaranteed).
Individuals on a J-1 Exchange Visitor visa are usually required to return home for two years as part of the residency requirement before applying for a H visa, L visa, or Lawful Permanent Resident status. Those who choose the O-1 option may be able to return to the United States without having to fulfill the two-year foreign residency requirement.
Sponsor of an O-1 visa
O-1 visa sponsors are typically divided into two categories: agents and employers. As you might expect, an employer is a company or individual for whom the applicant will be working or providing services. An agent, on the other hand, is hired to represent the applicant's skills and find suitable work for them.
The following are the three critical components that a sponsor must provide on behalf of the applicant:
Name, address, tax ID number, gross income, net income, number of employees, and so on. A signed petition requests that the individual be granted work authorization. Sincere willingness to collaborate with them in the manner suggested.
Fees for O-1 Processing
Let's start by breaking down the process to determine the O-1 processing fees required for each step. The following are the required O-1 visa fees for 2020:
The basic I-129 filing fee is $460, and it must be paid each time this petition is filed. This includes both extensions and amendments. The DS-160 filing fee is $190.
Along with the mandatory O-1 processing fees, there may be additional costs to consider, such as:
Travel expenses to and from the United States embassy or consulate, as well as travel to the United States once the visa has been obtained Attorney fees - Tahmidur Rahman Remura Wahid Law Group charges a flat rate for O-1 visa services. They are available on the fees page. If you intend to bring your spouse or children to the United States, they will need to file an I-539 form when they are ready to extend their status. This form has a filing fee of $370.
You are not required to wait six months for your I-129 petition to be processed. The USCIS provides premium processing to those who submit an I-907 form with an additional O-1 processing fee of $1,440. This effectively reduces the time it takes to process your I-129 petition from six months to 15 calendar days.
Important: The USCIS recently announced that premium processing for all H-1B visa petitions will be suspended in 2020. This, however, only applies to the H-1B visa. This suspension does not apply if you are filing an I-129 petition for an O-1 visa.
If you do not choose premium processing, you will be charged a total of $650 in mandatory O-1 processing fees. However, depending on your situation and whether or not you choose to hire an immigration attorney, you may incur additional costs.
Is a Refund Available?
The USCIS is not in the business of issuing refunds. However, they have stated that there are a few specific situations in which an O-1 processing fee refund is possible:
If the USCIS has requested an unnecessary form with a fee. If the USCIS has requested a fee payment that is greater than the amount stated on their website. If the USCIS does not process your I-129 petition within 15 calendar days after you have paid the premium processing fee. What is the best way for me to make these payments?
The USCIS requires you to pay the O-1 processing fees with a money order or a cashier's check. It is generally recommended that each payment be made in separate checks or money orders, as adding them together may cause complications. Speak with your immigration attorney about the best way to pay your O-1 processing fees.
Fees for O-1 Visa Extension
As previously stated, another significant benefit of the O-1 visa is the ability to extend it indefinitely if the work that brought you to the United States has not been completed. You only need the following documents to extend or renew your visa:
A new I-129 petition and the $460 O-1 processing fee are required.
A copy of your I-94 arrival/departure form
A written statement explaining why the extension is required
If your spouse or dependents want to renew their visas, you'll need an I-539 form and a $370 filing fee.
Is it Possible to Change Jobs?
To transfer your O-1 status to a new employer, the new employer must file a new I-129 petition along with the $460 O-1 processing fee.
2023 O-1 Visa Processing Time
You may also be wondering how long it will take to process your O-1 visa from start to finish. To find out, we must dissect each step and estimate the processing time.
The I-129 petition typically takes six months to process. This, however, is heavily dependent on the caseload of your service center. Using premium processing will reduce this time to 15 calendar days. You should also consider how much time it will take to collect and organize the evidence needed to prove your eligibility for the O-1 visa. If you are outside of the United States and require consular processing, the O-1 processing time may be extended depending on when the consulate or embassy schedules your interview appointment.
How Tahmidur Rahman Remura Wahid Immigration Lawyers Can Assist
When it comes to a visa as prestigious as the O-1, the stakes can be high, and the possibility of making an innocent mistake can make filing your petition a nerve-racking experience. Protecting your investment is most likely a top priority for you and your case, and the best way to do so is to hire an expert to assist you in utilizing the O-1 visa benefits.
We've helped countless O-1 applicants and petitioners determine their eligibility, organize their documentation, file their petition, and address any issues such as Requests for Evidence at Tahmidur Rahman Remura . With Tahmidur Rahman Remura 's experienced team of dedicated immigration attorneys on your side, you can rest assured that your case is in good hands.
The L-1 visa category (Intracompany Transferee Visa) allows multinational corporations to transfer specific types of employees from a qualified foreign office to the United States to continue employment. This is extremely beneficial for companies doing business in both the United States and other countries, as it is sometimes necessary to transfer employees between offices in different countries.
Remura Mahbub , a L-1 visa Barrister, has successfully obtained an L-1 visa for professionals in a variety of industries, including technology, trading, and manufacturing. L-1 visa lawyers at Tahmidur Rahman Remura Wahid Immigration Lawyers and Barristers specialize in assisting start-up companies in obtaining an L-1 visa for foreign-based employees. When H-1B visas were not available, Tahmidur Rahman Remura Wahid Law Group L-1 visa attorneys assisted our business clients in transferring employees using an L-1 visa.
Requirements for an L-1 Visa
The employee's company must meet two requirements in order to receive either type of L-1 visa. First, a recognized relationship must exist between a business in a foreign country and a business in the United States. A parent, affiliate, subsidiary, or branch relationship can exist.
Second, the company must be doing business in the US and at least one other country, or have plans to do so during the L-1 visa period. The employee must also have worked for the foreign company for at least one year in the previous three years.
Other foreign employees may apply for an L-1B visa, which is available for workers who have specialized knowledge of the company's products, processes, organization, and equipment, among other things. In general, it is only available if the specific employee is required for the operation of the business in the United States.
L-1A Visa Requirements
To be eligible for L-1A, Intracompany Transferee for Executives and Managers, the employee must have worked for the company for at least one year in the previous three years. That one year must be continuous and uninterrupted. The employee must have either executive or managerial abilities. In other words, the employee must be able to make company-wide decisions as well as supervise and control the work of others.
L-1B Visa Requirements
To be eligible for L-1B, Intra Company Transferee Specialized Knowledge, the employer must have worked for the company for at least one year in the previous three years. The employee must have advanced specialized knowledge or expertise that is critical to the company's operations.
L-1 Visa Advantages
Although there are several types of employment-based visas available to foreign workers, those who are eligible should apply for an L-1 visa because it provides some important benefits.
L-2 visas are available to the spouses and dependents of L-1 visa holders. Unlike the H-4 visa, which is a dependent visa for H-1B spouses, the L-2 visa allows the holder to work in the US during their stay. The L-1 visa has no numerical restrictions. While the H-1B visa is only available in a limited number of cases each year. The most significant advantage of an L-1 visa is that companies can file blanket petitions for their employees to qualify for either an L-1A or L-1B visa. An L-1 visa is also frequently renewable for 5 to 7 years, whereas a temporary business visa (B-2) is only valid for one year. If you have an L-1A visa, you are a prime candidate for an E-B1C green card for managers and executives, which is a great option if you want to live in the United States permanently. List of L-1 Visa Advantages
Who is eligible for an L-1 visa?
Without a doubt, there are numerous advantages to applying for an L-1 visa. The following are some of the reasons why this visa might be right for you.
Your goal is to obtain a green card in the future. L-1 is a dual-intent visa, which means that L-1 holders can apply for lawful permanent residence if they meet the requirements. Many foreign workers find the L-1 visa appealing because of this option.
You do not meet the requirements for other US visas, such as the O-1, and you are ineligible for the TN visa. In those cases, the relatively simple requirements of L-1 could be decisive.
You don't want to look for a new job or work for a different company in the United States. You will work for the same company as in your home country, but for its American counterpart, with the L-1 visa. As a result, you are essentially transferring within the company rather than starting a new job at a different company.
You don't have the luxury of waiting for priority dates. Unlike H-1B visas, there are no annual limits for L-1 visa applicants. This means you won't have to endure the long wait and then the lottery result.
You want to stay for an extended period of time. If your extension application is approved, you can stay in the United States for up to 7 years with the L-1A and up to 5 years with the L-1B. The L-1 visa allows for a significantly longer stay than other visas.
Your spouse and children are welcome to work in the United States. This is an option that is not available on all U.S. visas. Your spouse and children can enter the United States on the L-2 visa, making them eligible for an EAD.
What is the L-1 Visa Application Process?
In comparison to other visas, obtaining an L-1 visa is a relatively simple process:
To begin, the applicant must file an I-129 form with the US Citizenship and Immigration Service, along with documentation proving the company's and the employee's eligibility for an L-1 visa. If the application is approved, the USCIS will issue a notice of action. This will allow the applicant to apply for a visa at a US embassy or consulate in his or her home country if he or she is outside of the United States, or to apply for a change of status while inside the country. If you are outside the United States and require consular processing, you must complete a DS-160 online visa application and bring the confirmation to the consulate or embassy, along with the filing fee. After that, you will have a personal interview with an immigration officer to determine your eligibility for the L-1 visa. If you pass the interview, you will be issued an L-1 visa and will be able to begin working for your employer in the United States.
Documents Required for an L-1 Visa
An L-1 visa application requires the submission of numerous documents. Because this is an employment-based visa, both the employer and the employee must present relevant documentation during the application process.
Your employer will almost certainly be required to submit the following documents for both the domestic and foreign companies:
Financial statements, corporate bylaws, articles of incorporation, a description of business activities, tax filings, audited accounts, and a variety of other documents Now, the employee must submit a new set of documents that the USCIS will consider during the L-1 visa application process. These documents are as follows:
Diplomas or certificates of education; Income tax returns; Valid passport with at least six months remaining before expiration; two passport photos; a letter of recommendation from a supervisor; A letter from the employer requesting an L-1 visa; a letter of employment verification; and an up-to-date resume. Although you are very likely to be required to submit the documents listed above, depending on your background and the nature of your employment, you may be required to submit additional documents. It is critical to seek the advice of an experienced immigration attorney regarding the necessary documents for the L-1 visa application.
How Long Does It Take to Get an L-1 Visa?
Because each USCIS service center that processes petitions has a different workload, your I-129 processing time may vary greatly. However, many attorneys account for a general average of six months when considering processing time.
Because both the L-1A and L-1B require the I-129 petition, the processing times for the two petitions are the same.
Superior Processing
Premium processing is available for all visas that use the I-129 or I-140 petition forms. This feature can reduce your L-1 processing time from six months to 15 calendar days. If the USCIS fails to process your petition within the time frame specified, your employer's fee will be refunded.
While premium processing does not guarantee that your petition will be approved, it may be a useful tool if you need to enter the United States as soon as possible. Speak with your L-1 visa attorney to see if this service is appropriate for your situation.
Fees for L-1 Visas
The following is a breakdown of the fees associated with obtaining your L-1 visa:
The basic I-129 filing fee is $460.
Anti-Fraud Fee: $500
113-114 Public Law Fee: $4,500. This fee is only applicable if your company has more than 50 employees, with more than half of them on L-1A, L-1B, or H-1B visas.
ACWIA Training and Education Fee: $750 for employers with 25 or fewer employees. $1,500 for employers with 26 or more employees.
Fee for DS-160 application (only for consular processing): $160
It is important to note that all of the above fees are the responsibility of your employer, not yours. Furthermore, the ACWIA and Public Law fees are one-time only and do not apply to L-1 transfers or extensions.
Other optional fees you may encounter include those for an immigration attorney (see our fees here) and the $1,440 premium processing fee, which can be paid by you, the beneficiary, or your employer.
Blanket Petition L-1
L-1 blanket petitions allow qualified employees to bypass the I-129 form and go straight to a visa processing embassy or consulate. Companies must meet the L-1 general requirements and have three or more branches, affiliates, or subsidiaries to be eligible for blanket permission.
Companies must also have applied for 10 or more L-1 visas in the previous 12 months, have at least $25 million in combined annual sales in the United States, or employ at least 1,000 people in the United States.
Evidence Requests for L-1 Visas
If the USCIS discovers an error or inconsistency in your petition, they may issue you a Request for Evidence (RFE) rather than deny it outright. This RFE will address any concerns the USCIS has about the petition, such as incomplete or insufficient information, a lack of qualifications, or concerns about the company.
If you receive an RFE, bring it to your immigration attorney as soon as possible. There is a relatively short window for responding. If you do not respond in a timely manner, your L-1 visa petition may be denied.
How to Request an L-1 Visa Extension
The process for obtaining an L-1 visa extension or renewal shares many steps with the process for obtaining the original visa. Your employer must file a new petition for you before the I-94 departure date expires.
Along with the petition, you will need several documents, including letters of support and information from your employer about your position over the previous three years of your L-1 stay.
Fortunately, if you spent any time abroad during your stay, you may be able to use that time to extend your L-1 visa even further. You will need to present physical documents as proof that you left the country to do so (e.g. boarding passes, plane tickets, etc.)
Provide all required evidence and supporting documentation, including a duplicate copy of your Form I-129 and all supporting documentation, even if they are filing the Form I-129 to seek a change of status (COS) or extension of stay (EOS) on your behalf.
Want status updates about your case? Learn how to create a USCIS online account to stay informed.
After You File
Once we receive your Form I-129, we will process your petition and your employer will receive a:
Receipt notice confirming we received the petition;
Biometric services notice, if applicable;
Notice to appear for an interview, if required; and
How Can Tahmidur Rahman Remura Wahid Law Associates L-1 Visa Attorneys Assist You?
It pays to have an expert on your side in any situation involving the complexities of immigration law. This will assist you in avoiding delays or obstacles that could cost you both time and money. It is best to hire an immigration attorney to ensure that your L-1 visa petition is filed correctly the first time.
At Tahmidur Rahman Remura , we can assist you in developing a corporate strategy for requesting and receiving blanket L-1 visa petitions. Lawyers at Tahmidur Rahman Remura Wahid Law Group can also help with an L-1 visa to H1B visa status change.
The Tahmidur Rahman Remura Wahid Law Group L-1 attorneys have extensive experience in EB-1 green card applications for L-1A visa holders. Our lawyers can make certain that your extension requests are filed and processed on time and without errors.
We also provide expert review of all L-1 visa documentation to avoid unnecessary processing delays. We can help you get on the fast track to working in the United States by streamlining the application process. If you would like to schedule a consultation with a Tahmidur Rahman Remura Wahid Law Group L-1 visa lawyer, please fill out this simple form.
There are numerous ways to live and work in the United States. However, the E-2 visa is one of the few ways for a foreign entrepreneur to start their own business. The application process for this visa is relatively simple when compared to popular visas such as the H-1B, but qualifying is a different story. Learn about the requirements for the E-2 treaty investor visa.
E-2 treaty investor visas are nonimmigrant visas reserved for foreign entrepreneurs from countries with which the United States has a Treaty of Trade and Commerce. Essentially, this visa allows the foreign investor to develop or carry out the business's investment/trade activities.
The definition of investment activities is frequently ambiguous. The investment must be substantial and made with appropriate funds in order to qualify for the E-2 visa (either personal funds or a loan secured with property).
A significant amount of capital is associated with the total cost of purchasing or establishing the business. It must be sufficient to ensure successful operations as well as adequate to grow the business.
To be eligible for E-2 status, the treaty investor must:
Be a national of a country with which the United States has a commerce and navigation treaty. Have invested, or are actively considering investing, a significant amount of capital in a legitimate enterprise in the United States Be looking to enter the US solely to develop and direct the investment venture. This is demonstrated by demonstrating at least 50% ownership of the enterprise or operational control through a managerial position or other corporate device. An investment is the treaty investor's commercial placement of capital, including funds and/or other assets, with the goal of generating a profit. If the investment fails, the capital must be subject to a partial or total loss. The treaty investor must demonstrate that the funds were not obtained directly or indirectly through criminal activity. For more information, see 8 CFR 214.2(e)(12).
A significant amount of capital is:
Significant in comparison to the total cost of either purchasing an existing business or establishing a new one. Enough to ensure the treaty investor's financial commitment to the enterprise's success. Amount sufficient to support the prospect that the treaty investor will successfully develop and direct the enterprise. The lower the enterprise cost, the higher the proportionate investment must be to be considered significant. Treaty visa E-2
Here's an illustration:
Peter wants to invest in a small flower shop worth $200,000, whereas Sandra wants to invest in a $8 million restaurant chain. To qualify for an E-2 visa, Peter will most likely need to invest the value of the flower shop. Sandra, on the other hand, will most likely be able to qualify by investing 10-15% of the restaurant chain's value.
A genuine enterprise is a legitimate, active, and profitable commercial or entrepreneurial venture that produces services or goods for profit. It must comply with all applicable legal requirements in order to conduct business within its jurisdiction.
Marginal Businesses
The investment venture may not be insignificant. A marginal enterprise is one that does not have the current or future capacity to generate more than enough income to provide the treaty investor and his or her family with a minimum standard of living.
Depending on the circumstances, a new business may not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise must be able to generate such income within five years of the treaty investor's E-2 classification beginning. 8 CFR 214.2(e) (15).
E-2 processing time is typically 2-4 weeks from the time of filing. Some US embassies may take longer to process. Be aware that depending on the specifics of your case, additional time may be required. Your processing time will be more accurately explained by an E-2 lawyer.
Countries with E-2 Treaty Investor Visas
The E-2 investor trader visa is only available to citizens of countries with which the United States has a treaty. The Department of State keeps an up-to-date list of these countries. To be eligible, you must be a British national and a resident of the British Isles.
It is important to note that you do not have to be currently residing in the treaty country to be eligible for an E-2 visa. You simply must be a citizen of that country. Furthermore, any workers or family members you bring with you through your E-2 status do not have to be from your treaty country.
The Benefits of an E-2 Treaty Investor Visa
On an E-2 Treaty Investor Visa, you can enjoy a number of benefits, including:
Freedom to enter and exit the United States
Work legally in the United States for the company.
Stay in the country for an extended period of time with extensions available.
Employers may accompany you under your E-2 status.
Allow dependents or relatives to accompany you while working in the United States.
Spouses and children (under 21 years old and unmarried) may be granted derivative E visas to accompany the principal visa holder. An E visa holder's spouse may apply to DHS for work authorization. Dependent children of E visa holders are not permitted to work in the United States.
Dependents can attend public and private schools in the United States, as well as colleges and universities, without the need for an F1 visa.
Spouses and dependents may also apply for EADs (employment authorization documents) to work in the United States.
The Drawbacks of the E-2 Treaty Investor Visa
Each visa has advantages and disadvantages. Depending on your circumstances, the E-2 visa may not be appropriate for you. The following are some of the most common reasons why the E-2 visa may not be appropriate or desirable:
Only nationals of countries with investment treaties are eligible (see list above) Must work for the specific company to which the E-2 visa is linked. Approved in increments of two years, so the application process may be complicated depending on the time length you require. Stay Duration
Qualified treaty investors and employees will be granted a two-year initial stay. Requests for extensions of stay may be granted in two-year increments. There is no maximum number of extensions that an E-2 nonimmigrant may be granted. When their status expires or is terminated, all E-2 nonimmigrants must maintain an intention to leave the United States.
When returning to the United States, an E-2 nonimmigrant may be granted an automatic two-year period of readmission. Please keep in mind that, while your E-2 visa may be issued for 3 months or up to 5 years (depending on reciprocity laws with your country of nationality), your period of authorized stay in the United States is determined by your I-94, which is issued when you enter the country with an E-2 visa.
Making an E-2 Visa Application
It is best to consult with an immigration attorney to learn about any additional benefits or drawbacks that may apply. If you are currently in the United States, you must submit a visa application to the USCIS service center. Otherwise, send your application to your home country's consulate.
If you are currently in the United States under a different nonimmigrant status, your status will be changed to E-2 once your I-129 is approved. If you are outside the country, you will almost certainly need to fill out a DS-160 online nonimmigrant visa application and bring it with you to your consular interview. An officer will review your case and supporting documents during the E-2 interview to determine whether your case is legitimate. The most important thing to remember is to be truthful, even if you don't know the answer to a question.
Employees and their families
One of the benefits we mentioned was the ability to bring your family as well as employees to help you advance your business. It is important to note that the nationalities of your family or employees do not have to be from a treaty country; this requirement only applies to the principal beneficiary. Spouses of E-2 investors and workers may also apply for work authorization using Form I-765.
Fees for E-2 Visas
A notable advantage of the E-2 visa is that, aside from the initial investment, the cost of filing is relatively low when compared to other common nonimmigrant visas such as the H-1B or the L-1. The following are the E-2 visa fees to be aware of:
All I-129 petitions require a $460 filing fee.
If you are filing the petition while abroad, you must file a DS-160 application, which costs $205.
In many cases, you will be required to schedule a biometrics appointment, primarily to have your fingerprints taken. You will be charged a $85 fee in this case.
Remember that your family can accompany you as well as your employees, but each one requires a separate I-129 form.
Additionally, you can pay an additional fee of $1,440 to have your petition processed in 15 calendar days. Remember that this does not increase your chances of approval; it simply shortens the time it takes to process your petition.
Visa Rejection for E-2
One of the most common concerns when applying for a visa is that it will be denied or rejected. Let's go over why this could happen to your E-2, how to avoid it, and what to do if you receive an unfavorable decision.
First, we must recognize the distinction between rejection and denial. When a petition is received by the USCIS, it goes through two stages. An evaluating officer will perform a cursory check in the first phase to ensure that all required information is completed, all required documentation is present, and all fees are correct. If your petition fails this test, it will most likely be rejected.
Petition to USCIS
If your petition passes this first stage, the officer will examine it more closely. He or she will review the supporting documentation to determine whether your case qualifies for an E-2 visa. Otherwise, your petition may be denied. You may also receive a request for evidence (RFE) if additional supporting documentation would be beneficial to your case.
If you receive a rejection, work with your immigration attorney to determine the exact error or omission that caused the rejection and correct it before refiling. You will, however, be responsible for a new filing fee and petition. If your petition is denied, you will most likely face a more serious problem, as your case was denied on the basis of merit. This could be because your investment was insignificant, or you were deemed ineligible to advance the enterprise. Your immigration lawyer can explain the reasoning behind it to you.
Fortunately, if your E-2 petition is denied, you may have options. Depending on your circumstances, you may be able to file a legal motion or appeal the decision, both of which should be done with the assistance of a qualified attorney.
Following an E-2 visa denial, two legal actions can be taken: a motion to reopen and a motion to reconsider. In a motion to reopen, you would ask for your closed case to be reopened because new documentation or evidence has come to light that could change the outcome of the decision. If, on the other hand, you believe the evaluating officer's decision was incorrect and you (or, more likely, your attorney) are willing to argue this legally, you may want to file a motion to reconsider.
Finally, you may be able to appeal the decision to a third party. The Administrative Appeals Office hears these cases and has the authority to uphold or reverse the evaluating officer's decision. Consult with your attorney to determine how to proceed.
Changing an E-2 Visa to a Green Card
Transitioning from a nonimmigrant (temporary) visa to an immigrant visa (green card) is often a lengthy and complicated process, particularly with certain types of green cards. Most E-2 visa holders apply for an employment- or investment-based green card, which may or may not be applicable to you depending on your circumstances. Here are some popular options:
The EB-1 visa is intended for exceptional aliens, outstanding researchers and professors, or multinational executives and managers.
The EB-2 visa is reserved for those with a master's degree or exceptional ability in their field.
While it is uncommon for E-2 visa holders to apply for an EB-2 green card, it does occur. In this case, be sure to read our guide on PERM Labor Certification to gain a better understanding of the process.
The EB-1 visa is attainable, particularly if you can demonstrate exceptional achievement. You can apply for this qualification without the need for a sponsoring employer.
However, because the requirements are similar, one of the most common green cards that E-2 visa holders petition for is the EB-5. To qualify for an EB-5, you must invest at least $1 million in a U.S. enterprise or $500,000 in a rural or high-unemployment area.
Once you've invested the funds, you'll need to submit an I-526 petition to the USCIS along with the required fees to begin the EB-5 process (if you are going for the EB-1 or EB-2, you will need to send the I-140 petition). The date they receive your petition will be your priority date. You should keep that date handy and compare it to the final action dates listed in the Department of State's monthly newsletter. When your priority date matches or exceeds the final action date specified in your green card category and country of origin, your priority date is considered current, a visa number is issued, and you can proceed to the next step.
Once your priority date is current, you will have two options: status adjustment or consular processing. Because you are already in the United States on a nonimmigrant visa (e.g., your E-2 visa), you can simply file an I-485 application to have your status changed from nonimmigrant to immigrant. Although this is the quickest route, it takes an average of six months and can be quite expensive depending on your age.
If you choose to use consular processing, you can travel to your home country's US Consulate or Embassy and participate in a one-on-one interview with an immigration officer. This usually costs less (excluding travel expenses) and takes less time, so you and your attorney can decide which path is best for you. In either case, your green card will be issued once your application is approved.
How a Tahmidur Rahman Remura Wahid TRW immigration law firm E-2 Lawyer Can Assist
As an investor, you are probably aware that failing to protect your investment can result in devastating time and financial losses. Hiring an immigration attorney with extensive experience in E-2 visas is critical to ensuring that no simple mistakes prevent you from realizing your dream in the United States.
Looking for an experienced E-2 visa lawyer? Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group's attorneys can assist you in filing an E-2 visa based on USCIS and US Department of State guidelines. We have assisted countless other investors in getting started in this country. During your consultation, we'll explain which course of action is best for your situation. If we determine that you do not meet the requirements for an E-2 visa, we will investigate what other non-immigrant status options may be available to you.
Fill out this contact form to schedule your consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group immigration attorney today.
Validity of E-2 Visa
E-2 visas are valid for five years and can be renewed with two-year extensions as long as you meet the requirements. However, you are not permitted to stay in the United States for five years without leaving; you must renew your E-2 visa after two years. You should be aware of some distinctions for specific countries because they may affect the validity period in your case.
You can now apply for a 2-year extension after your 5-year period expires. There are currently no restrictions on the number of extensions you can obtain.
How to Request an E-2 Visa Extension
Assume you are still on your original 5-year E-2 visa term and are ready to apply for an E-2 extension because you are approaching the 2-year mark. The procedure is extremely simple. There are two options for extending your status.
The first option is to receive an extension when you re-enter the United States as long as you meet the requirements of the visa. This may not be convenient or manageable depending on your travel schedule.
If you do not intend to leave the United States before your visa expires, the second option is to apply for an extension of stay. E-2 visa extensions are granted in 2-year increments. To request an extension of stay, you must submit the following documents:
Petition for Non-immigrant Worker, Form I-129
Application to Extend or Change Nonimmigrant Status, Form I-539
Form I-94 Arrival/Departure document copy
Original Form I-797, Notice of Action, copied (if status was previously extended or approved)
Passport photocopy and E-2 visa
Employer letter demonstrating the need for an extension
Personal and business tax returns from the previous two years, as well as payroll tax returns
It is important to note that if you file the extension before your I-94 expires, you can continue to work for 240 days pending the decision. If you file after the expiration date, you can only stay for 40 days pending the decision. What happens if you don't hear back within 40 days? You will be required to stop working and leave the United States.
How to Request an E-2 Visa Renewal
Assume your original 5-year period (which varies by country) is coming to an end and you are ready to apply for an E-2 visa renewal. This renewal will give you another two years of residency in the United States and can be applied for as many times as you want. When applying for renewal, you have two options, depending on where you apply:
If you are applying from outside the United States, you must do so through a United States consulate. If you are applying from within the United States, you must use the USCIS process. A large number of documents must be submitted. In fact, this is a very complex area of US immigration law, and it is recommended that you consult with an experienced attorney to ensure that your application is properly submitted. The performance of your US venture and the need for you to be physically present in the US will be important assessment factors in your renewal.
What to Do If You Are Denied
As long as you meet the renewal requirements, your E-2 visa extension is unlikely to be denied. However, some E-2 visa holders are unable to extend their visas.
For example, your 2-year extension is extremely unlikely to be denied at the border. Border control officers frequently deal with these types of renewals, and you should not be denied unless you have violated US laws or immigration regulations. If you have trouble renewing your visa at the border, you can still use the second option and file Form I-129.
Assume the worst-case scenario occurs, and your renewal or extension is denied. The first thing you should know is that you will receive a detailed statement outlining the reasons for the denial along with the denial notice. Depending on the reason for the denial, you must complete Form I-290B and either of the following:
Filing an Administrative Appeals Office appeal; filing a motion to reconsider the USCIS decision; or filing a motion to reopen the USCIS decision
The Most Common Reason for Renewal Denial
The marginality requirement is one of the most common reasons why your renewal application may be denied. Marginality is a concept unique to an E-2 visa that states that the business must be profitable in addition to providing for the owner and their family. The government of the United States wants business immigrants to contribute to the economy, and one way they can do so is by creating jobs. When you've been in business for five years, you should have been able to scale it up to the point where you can afford to hire several employees.
The most common reason for renewal applications being denied is a lack of proof that they are no longer marginalized. An experienced immigration attorney can assist you in gathering and submitting sufficient evidence and supporting statements to meet this requirement.
Frequently Asked Questions About the E-2 Visa
The following are some frequently asked questions about the E-2 visa, E-2 visa renewal, and E-2 visa extension:
Q. Are there any restrictions on my travel while on an E-2 visa?
One of the benefits of the E-2 visa is that there are no travel restrictions imposed (i.e., number of times you are permitted to leave and re-enter). The USCIS also does not specify how long you can stay abroad before having to return.
Q. Can the main applicant or family members study on an E-2 visa?
You can study on an E-2 visa but cannot join a full-time program like those on F1 as long as it does not jeopardize the primary purpose of your visa. Furthermore, your children and spouse are eligible to study in the United States without the need for any additional visas or applications.
Q. Can I change my status while on E-2?
Yes, you can change your status by filing Form I-129, Petition for Nonimmigrant Worker, or Form I-539, Application to Extend/Change Status.
Q. How long does it take to process an extension or approval?
It usually takes 2 to 4 weeks from the time the application is filed. Please keep in mind that this can change depending on the workload at the US Consulate and US processing centers. However, depending on the form, your wait times may be longer or shorter due to the number of forms you must submit.
Q. When is the best time to request an extension?
It's best to apply for an E-2 visa extension before your I-94 expires. If you file the extension before your I-94 expires, you can stay for 240 days pending the decision, whereas if you file after the expiration, you can only stay for 40 days.
Q. Can my spouse and children work while I'm on E-2?
While on an E-2 visa, you can bring your spouse and dependents (under 21) with you and they will be able to work in the United States. They'd need to get an EAD and apply for a Social Security number.
Q. Can I apply for a Green Card while on E-2?
If you meet the requirements, you can apply for a Green Card. There are several general routes to obtaining a green card. The first option is the EB-1 visa. You can take this route if you are a "Alien of Extraordinary Ability" or a "Multi-manager or Executive." The second option is to obtain a Green Card through Family Based Immigration. It's a good idea to look into this option if you have a close relative in the United States.
To learn more about these paths to citizenship or E-2 visa renewal steps, contact a qualified Green Card Lawyer.
How an E-2 Lawyer Can Assist
An E-2 visa attorney can assist you in filing an E-2 visa renewal or extension in accordance with USCIS guidelines. Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group will explain which course of action is best for your case during your extensive consultation.
How much does E-2 Visa Cost for Bangladeshi citizens?
E2 visa cost – Bangladesh
Minimum investment amount is typically over US $150K (Bangladeshi Taka 12.9 million). For investor present in USA – Form I-129 fee $460 (Form I-539 – $370 per dependent), 15 days premium processing at $1,440. Investor in Home-country – $205 fee per DS-160 form. Lawyer’s charges, Business entity formation costs.
Bangladesh Bank is the regulatory body that has framework and monetary policy for moving assets and money outside of Bangladesh.
Which countries have an E-2 visa treaty with the USA?
E2 Visa Treaty Countries list:
Country
Treaty date
Albania
January 4, 1998
Argentina
December 20, 1854
Armenia
March 29, 1996
Australia
December 27, 1991
Austria
May 27, 1931
Azerbaijan
August 2, 2001
Bahrain
May 30, 2001
Bangladesh
July 25, 1989
Belgium
October 3, 1963
Bolivia
June 6, 2001
Bosnia and Herzegovina
November 15, 1982
Bulgaria
June 2, 1954
Cameroon
April 6, 1989
Canada
January 1, 1994
Chile
January 1, 2004
China (Taiwan)
November 30, 1948
Colombia
June 10, 1948
Congo (Brazzaville)
August 13, 1994
Congo (Kinshasa)
July 28, 1989
Costa Rica
May 26, 1852
Croatia
November 15, 1982
Czech Republic
January 1, 1993
Denmark
December 10, 2008
Ecuador
May 11, 1997
Egypt
June 27, 1992
Estonia
February 16, 1997
Ethiopia
October 8, 1953
Finland
December 1, 1992
France
December 21, 1960
Georgia
August 17, 1997
Germany
July 14, 1956
Grenada
March 3, 1989
Honduras
July 19, 1928
Ireland
November 18, 1992
Israel
May 1, 2019
Italy
July 26, 1949
Jamaica
March 7, 1997
Japan
October 30, 1953
Jordan
December 17, 2001
Kazakhstan
January 12, 1994
Korea (South)
November 7, 1957
Kosovo
November 15, 1882
Kyrgyzstan
January 12, 1994
Latvia
December 26, 1996
Liberia
November 21, 1939
Lithuania
November 22, 2001
Luxembourg
March 28, 1963
Macedonia
November 15, 1982
Mexico
January 1, 1994
Moldova
November 25, 1994
Mongolia
January 1, 1997
Montenegro
November 15, 1882
Morocco
May 29, 1991
Netherlands
December 5, 1957
Norway
January 18, 1928
Oman
June 11, 1960
Pakistan
February 12, 1961
Panama
May 30, 1991
Paraguay
March 07, 1860
Philippines
September 6, 1955
Poland
August 6, 1994
Romania
January 15, 1994
Senegal
October 25, 1990
Serbia
November 15,1882
Singapore
January 1, 2004
Slovak Republic
January 1, 1993
Slovenia
November 15, 1982
Spain
April 14, 1903
Sri Lanka
May 1, 1993
Suriname
February 10, 1963
Sweden
February 20, 1992
Switzerland
November 08, 1855
Thailand
June 8, 1968
Togo
February 5, 1967
Trinidad & Tobago
December 26, 1996
Tunisia
February 7, 1993
Turkey
May 18, 1990
Ukraine
November 16, 1996
United Kingdom
July 03, 1815
Yugoslavia
November 15, 1882
THE BENEFITS OF AN E-2 VISA from Bangladesh:
Bangladeshi investors are permitted to establish, advance, and operate a business in the United States.
There is no required minimum investment amount, and no specific amount is mandated by law. The regulations only state that the investment must be sufficient to develop a successful, non-marginal business that meets the above criteria.
The spouse of an E-2 investor will be issued an E-2 dependent visa, allowing them to apply for work authorization based on their E-2 dependent visa.
Children under the age of 21 of an E-2 Investor will be issued an E-2 dependent visa and will be able to attend the school of their choice.
The E-2 visa holder has the option of living outside the United States for an unspecified period of time and returning to the country as long as their visa is valid.
E-2 visa holders may be granted a visa for one to five years at first. Extensions of stay for another 2-5 years are possible. There is no legal limit on how many times an E visa holder can extend their stay, so they could theoretically remain in the United States on E-2 visa and status indefinitely, as long as the investor owns the Company with a substantial profit and the Company does not become "marginal" in nature.
Accompanying Spouse and Children under the age of 21 would qualify for Legal Permanent Resident (LPR) known as Green Card through the principal applicant if the principal applicant changes his status from E-2 to H1B Entrepreneur/Self-Employed or through the Spouse if the Spouse changes his/her status in the United States through a suitable employment category and then applies for Green Card through the sponsoring company. If the principal applicant is unmarried, he or she can apply for a green card by marrying a US citizen or permanent resident.
E-2 visa for citizens of Non-Treaty countries
Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa.
Is an Bangladeshi national eligible for an E-2 Visa?
Yes, As an Bangladeshi citizen, you are eligible for an E-2 Visa. Bangladesh has signed the E-2 treaty with the US.
Can a spouse of a E-2 Visa holder from Bangladesh work in the US?
Spouses of E-2 visa holders from Bangladesh are able to work in the US only once they apply for work authorization by filling form I-765, if approved they are allowed to work in the US.
Can an Bangladeshi citizen work in the USA with an E-2 Visa in 2023 ?
Yes. As a Bangladesh national, you are eligible to work in the US but only the business that you have invested or if you are an employee at the organisation which sponsored your E-2 visa.
For an Bangladeshi citizen, What businesses qualify for an E-2 Visa?
There is no specific list of businesses under the E-2 treaty. As long as the investor has made a significant investment in a business and is approved by the US citizenship and immigration services.
What happens when an Bangladeshi citizen's E-2 Visa for USA expires?
The E-2 visa holders from Bangladesh are allowed to renew their visas. The extensions are granted for 2 years and there are no restrictions on the number of extensions available to the E-2 investors.
