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The most common visa for students wishing to study in the United States is the F-1 student visa. It is a temporary visa for foreign students who wish to study at an accredited school or college in the United States. The United States issued approximately 486,000 new F-1 visas in 2012. This is more than double the amount distributed the previous year.
The steps for applying for an F-1 student visa may differ depending on which US embassy or consulate you choose to submit your application to. To confirm the requirements for your specific US embassy or consulate, go to USEmbassy.Gov.
To start the process of obtaining an F-1 student visa, you must first:
Fill out Form DS-160, Online Nonimmigrant Visa Application. Bring this confirmation page from your application form to your F-1 student visa interview.
Upload a Photo –
Follow the photo requirements and submit your application online.
After submitting your online application, you can schedule an interview at any US Embassy or Consulate. It is best to schedule an interview in the area where you have permanent residency. Apply for your F-1 student visa as soon as possible because interview wait times vary depending on location and season.
Requirements for an F-1 Student Visa:
The chosen program must be an accredited academic program, a language training program, or a vocational program. The Student and Exchange Visitors Program, as well as Immigration and Customs Enforcement, must accept the student’s school. Full-time enrollment is required for the student. The student must be able to demonstrate English language proficiency or be enrolled in courses to achieve that proficiency. To be financially independent during the course of study, the student must have adequate funds. The student must not give up his or her acquired residence in another country.
Student Visa Type F-1
There are a few documents that you must obtain prior to your F-1 student visa interview and bring with you on the day of the interview. Failure to provide these documents may jeopardize your F-1 student visa approval.
Passport Validity –
Your passport must be valid for at least six months beyond your stay in the United States.
Confirmation page for Nonimmigrant Visa Application Form DS-160
Receipt for application fee payment
Photo – If your photo did not upload while completing your online nonimmigrant visa application, you must bring a printed photo to the interview that meets the requirements.
Nonimmigrant Eligibility Certificate (F-1 or M-1) Form I-20, Student Status – Once your information has been entered into the SEVIS database, your school will send you a SEVIS-generated Form I-20. The Form I-20 must be signed by both you and a school official.
DOCUMENTS SUPPLEMENTARY
Transcripts, diplomas, degrees, or certificates from schools you attended are examples of evidence of your academic preparation. Your US school requires standardized test scores. Your intention to leave the United States once the course of study is completed. How you intend to pay for all educational, living, and travel expenses. Interview for F-1 Visa
Digital fingerprints will be collected and stored during the F-1 student visa interview. Consular officials will determine whether you are qualified for the requested visa category and have met all of the requirements. Following the interview, your visa may be subject to additional administrative processing, which is usually completed within 60 days of the interview.
After the F-1 student visa is approved, you can check the visa processing time to see how long it will be before the visa is ready for pick up or delivery.
Commuters from Canada and Mexico:
The F-3 Visa is intended for Canadian and Mexican citizens who wish to study in the United States while remaining in their home country. Students must attend an accredited community/junior college, vocational school, or university located 75 miles from the United States’ land border port of entry. Students are not permitted to live in the United States.
Work Permit for F-1 Student Visa:
In their first year, F1 visa students are not permitted to work off-campus. They can, however, work on campus under certain conditions. After their first year, students may engage in certain types of off-campus employment as long as it is related to their field of study:
Curricular Practical Training (CPT) –
CPT can be done full-time or part-time. Optional Practical Training (OPT) (pre- or post-graduation) – You may only work 20 hours per week while school is in session. Optional Practical Training Extension (OPT) F-1 Visa to Green Card in Science, Technology, Engineering, and Mathematics (STEM)
Many people who come to the United States for work, family, or school want to make it their permanent home. However, converting from a nonimmigrant visa to an immigrant visa (green card) is not as simple as it sounds, particularly for certain visas. This is due to a feature known as “dual intent,” which allows the holder of a specific visa to pursue lawful permanent residence while in nonimmigrant status.
Some visas, such as the H-1B and L-1, have dual intent, while others do not. One of these unfortunate few is the F-1. Applying for a green card while in F-1 status may result not only in your green card being denied, but also in a violation of status and a temporary bar from re-entry into the United States.
So, if you entered the United States under F-1 status, can you get a green card?
The answer is yes, but it is not as simple as going from an F-1 to a green card. The first step would be for a student to change his or her status to a different nonimmigrant visa with dual intent, which is permitted under F-1 status. H-1B, E-1/E-2, L-1, and O-1 visas are some options to consider. If you meet the requirements for any of these visas, you must file (or have your employer file) an I-129 petition, along with the necessary fees and documentation. In the case of the H-1B, you will almost certainly have to contend with the annual lottery, which has specific requirements.
You will be able to apply for your green card immediately after receiving your dual intent visa. You must select the green card that best meets your qualifications. If you are a young student with little work experience, you should consider the EB-3. If you went to school later in life and have a master’s degree, the EB-2 may be a better option for you.
You or your employer must wait until your priority date is current before filing the green card petition. This is the day the USCIS receives your petition. You should keep an eye on the Department of State’s monthly visa bulletin. When the final action date for your green card and country of origin matches or exceeds your priority date, your date becomes current, and a visa number becomes available.
You have two options at this point. Because you are already in the United States with a nonimmigrant visa, you can simply file an I-485 to have your status changed. This typically takes six months and can be costly. You can, on the other hand, choose consular processing, which requires you to fill out a DS-260 application and submit it to the US Consulate or Embassy in your home country for an interview. This may appear inconvenient, but depending on your consulate’s caseload, it may be the faster option.
If your I-485 application is approved or your consular interview is successful, you will be granted lawful permanent residence and your green card will be mailed to you.
How Immigration Lawyers at VisaNation Law Group Can Assist
If the participant wishes to extend his or her stay in the United States, VisaNation Law Group’s immigration attorneys are ready to help you with the F-1 Visa renewal process. Attorneys at VisaNation Law Group will also provide advice in cases of CPT, OPT, STEM extensions, visa changes, and employment extensions using the Cap Gap Rule. If the applicant is granted F-1 status, the holder’s spouse and unmarried minor children may apply for an F-2 Visa. Our knowledgeable attorneys are standing by to assist you.
The lawyers at VisaNation Law Group will assist you in obtaining the F-1 Visa and will provide the best strategy possible based on their extensive experience. Immigration lawyers provide personalized attention in order to provide the best, most efficient service. Even if the client has previously failed, F-1 Visa lawyers will be involved in every step of the process.
Processing Time for F-1:
One of the best aspects of American immigration law is that it welcomes students from all over the world. Obtaining an F-1 visa can be extremely advantageous and serve as a great stepping stone to other immigration opportunities. But how long does it take to process an F-1 visa? The answer depends on a number of factors, so let’s take a look at how to get an F-1 visa and how long it will take.
Overview of the F-1 Visa
Before we can get a better idea of how long your F-1 processing time will be, let’s go over what you’ll need to see this through from beginning to end.
Because the United States has some of the best educational institutions in the world, students come from all over the world to live, study, and work here on the F-1 visa. This is one of two student visas available, the other being the M-1, which is intended for vocational schools and other non-academic institutions. The F-1 visa, on the other hand, is for anyone enrolling in a private elementary, high school, college, or university in the United States. It also includes less well-known schools such as conservatories and seminaries.
To obtain an F-1 visa, you must demonstrate to the USCIS the following:
That you have a permanent residence in your home country, which serves as an incentive to return once your studies are finished.
That you have a strong connection and a compelling reason to return to your home country in the form of a job offer; assets such as a home, land, or car; close family members, or a bank account.
That you will be able to support yourself during your stay in the United States.
That you are being sponsored for your F-1 visa by a qualifying educational institution.
When you have evidence of all four of the aforementioned criteria, you must have your school enter your information into the SEVIS database (Student and Exchange Visitor Program). Once this is completed, the school will be given an I-20 Certificate of Eligibility for Nonimmigrant Student Status, which must be signed before it is given to you.
You must complete the DS-160 nonimmigrant visa application online as soon as you receive your I-20. You can schedule an interview with the US Consulate or Embassy in your home country once you have completed it and paid the fee. You must bring the confirmation page and payment receipt for the DS-160, as well as your I-20, passport, and a portrait-style photo of yourself.
Keep in mind that not everyone will be asked to participate in an interview, as it primarily applies to those aged 14 to 79. However, the consular officer reserves the right to interview anyone applying for a visa to the United States.
Following your interview and presentation of all required documents, you will most likely be asked for biometrics (fingerprints), and your passport will be held and returned to you later with your visa inside. It’s a good idea to wait until your visa has been sent to you before making travel plans for any visa, because approval is not guaranteed and it can sometimes take a few weeks for the consulate to return your passport and visa.
How long does it take to process an F-1 visa?
Finally, the processing time for your F-1 visa is determined by your school or institution. Some schools advise you to allow a few weeks for I-20 processing, while others may take several months. To learn more about your petition, contact your school.
When it comes to your student visa interview, you should give yourself plenty of time. Many prospective F-1 students make the mistake of missing flights or school start dates due to consulate delays. It may take up to two months for the consulate to respond with an interview appointment time after you submit your DS-160 application. The appointment can then be scheduled for a week or two in the future, so leave plenty of time.
Overall, you should allow at least five to six weeks for your F-1 processing time between your I-20 and consular interview. To get a better idea of what to expect, contact your school, the US consulate, and your immigration attorney.
How long does it take to process an F-1 OPT for an EAD?
To be eligible for Optional Practical Training while studying on an F-1 visa, you must first complete the following steps:
Your DSO (designated school official) must recommend you for OPT on your I-20 and in SEVIS. An I-765 Application for Employment Authorization, also known as an EAD, must be filed. It could take up to ten days for the USCIS to notify you that your I-785 has been received. If your application is approved, it could take between one and two months for you to receive notification and be scheduled for a biometrics appointment.
You will be able to work under your OPT while studying on your F-1 visa once you receive your EAD.
How Long Does It Take to Reinstate My F-1 Visa?
If you lose your F-1 status and want to continue your studies, you may be able to apply for reinstatement. However, if your status was revoked because you worked illegally, you will be unable to reinstate your F-1 visa. In this case, you must leave the country as soon as possible or risk being considered “out of status.”
To be reinstated as an immigrant student, you must re-enroll in your school and have another I-20 issued to you. You will also need to file an I-539 form correctly. Because this form serves several purposes, it is best to have an immigration attorney assist you in filling it out.
A cover letter explaining why you lost your F-1 status is required. This should explain why your loss of status was unavoidable and why you should be reinstated.
Once this is completed, you may have to wait up to four months for your F-1 reinstatement to be processed.
Can I Make Use of Premium Processing?
Unfortunately, the premium processing service, which reduces processing time to 15 calendar days for a fee, is only available for certain visas that use the I-129 and I-140 petitions. The F-1 is not eligible for premium processing because it uses the I-20.
Can I Change My Status to Apply for a Green Card?
So, you’ve had a great time working and studying in the United States; what can you do to extend your stay? You can either switch to another temporary nonimmigrant visa or apply for a green card. Unfortunately, there is only one issue. The F-1 visa does not permit dual entry. As a result, you will almost certainly have to do both.
Nonimmigrant visas with dual intent allow holders to pursue green card status while on their temporary visa. Dual intent visas include the H-1B, L-1, and O-1 visas. Because the F-1 visa does not fall into this category, applying for a green card while still in school may violate your F-1 visa.
As evidenced by the F-1 requirements, you must maintain a strong indication that you intend to return home after completing your studies. Filing for your green card does the opposite and may result in future difficulties obtaining the green card.
To avoid complications and status violations, try changing your status first. By changing from F-1 to H-1B status, you put yourself in the position of dual intent, allowing you to apply for your green card without complications. However, you must still meet the requirements for the new visa.
The H-1B visa may appear to be the best option (especially if you are in the STEM OPT), but you must have a bachelor’s degree for a specialty position. Furthermore, unless your new employer is a non-profit, government, or educational institution, your petition will be entered into a lottery, and you will have to hope that your petition is chosen among thousands of others.
Another popular visa is the L-1, which requires you to be an executive, manager, or specialized employee of a multinational corporation with a presence in the United States. Keep in mind that “specialized employee” should not be confused with “specialty employee” who is H-1B eligible. A specialized employee has in-depth knowledge of the company’s operations or product and does not need to have any formal education in that field to be eligible for an L-1 visa.
However, for an L-1 visa, you must work for the employer overseas for at least one year in the three years preceding the petition’s filing, so you must factor that into your processing time.
You can learn more about the differences between H-1B and L-1 visas by reading this article.
Processing Time From F-1 Visa to Green Card
If you decide to use one of these visas to change your status before applying for an employment-based green card, you must find a sponsor and have that sponsor file an I-129 petition on your behalf. In the case of the H-1B visa, you must have your employer obtain a Labor Condition Application (LCA) on your behalf.
The exact processing times for the H-1B and L-1 visas vary depending on your case, but the I-129 typically takes six months to complete. With the I-129 visas, however, you can use premium processing to reduce your processing time to just 15 calendar days.
Once you have your dual intent visa, you can immediately have your employer (either your current or new employer) file an I-140 petition on your behalf, which takes an average of six months to process. Premium processing may be available, but keep in mind that it is not available for EB-1C or EB-2 with a National Interest Waiver.
Summary: Difference Between F-1 and J-1 Visa
There are numerous distinctions between F-1 and J-1 visas. While both are appropriate for foreign students and professionals who want to study in the United States, some key differences are related to your ability to work during and after your studies. Your funding requirements will vary greatly depending on the type of visa you choose. A quick comparison summary is provided in the table below.
J-1 Visa
F-1 Visa
Funding
Your financial support must come primarily from sources other than your personal savings or the support of family and friends. Scholarships, grants, fellowships, assistantships, research funding, or funding from your home country’s government, corporate sector, or other organizations must account for more than 51% of your total funding.
Any funding source is regarded as acceptable. It can range from private or familial funds to government scholarships or business funding. There are no limitations on the kind of financing you need.
2 Year Home Residency Requirement
Yes, however, there are exceptions.
Not applicable to F-1 visa holders.
Employment
Allowed to work up to 20 hours per week (part-time). Must obtain work authorization. Only allowed to work at the educational institution and the job must be related to the field of study.
Allowed to work during studies if the position is part of a paid or unpaid academic internship. Also allowed to work after studies for up to 12 -24 months, depending on your field of study.
Grace Period
You will have 30 days to leave the U.S. after the completion of your studies.
You will have 60 days to leave the U.S. after the completion of your employment or studies.
Health Insurance
Must have health insurance for the duration of your stay in the U.S.
Health insurance is not required, however, many educational institutions may require you to have one.
PERM
Depending on the type of green card you seek, filing an I-140 may necessitate the acquisition of a PERM Labor Certification by your employer. This means that your employer must post job ads and go through a recruitment process to ensure that no qualified U.S. workers are available for your position.
Under normal circumstances, the PERM process can take anywhere from six to nine months. However, if your employer is subjected to supervised recruitment or audited (either by chance or because the Department of Labor believes the recruitment report is fraudulent), your PERM processing time could be extended by a year and a half.
Dates of Priority
Once your I-140 is submitted, you must keep track of the date it is received by the USCIS. This will be your priority date, which must be compared to the final action dates listed in the Department of State’s monthly visa bulletin. The final action dates vary depending on your country of origin and the type of green card you seek.
You can proceed to the next step once your priority date matches or exceeds the final action date in your category. However, the longest step in the F-1 to green card processing time is sometimes waiting for your priority date to be “current.” For example, if you are an Indian national seeking an EB-3 green card, you may be forced to wait nearly a decade.
If you are from Central America and applying for an EB-1, you may not have to wait at all. Because processing times vary greatly, it’s a good idea to ask your immigration attorney what you can expect.
Furthermore, if your priority date is not going to be current for some time, the USCIS may not process your I-140 until it is. So, if you have to wait four years for your priority date to become current, your petition may not be processed until those four years are nearly over. Unless you opt for premium processing. Even so, you’ll still have to wait the full four years.
Green Card Transfer
How about green card portability? Let us begin with an example. Assume you graduate with a STEM bachelor’s degree while on F-1 status, change to H-1B status, and apply for an EB-3 green card as a professional worker. Depending on your nationality, you could be waiting for your priority date to become current for several years.
If you obtain a master’s degree and a new job that requires your new degree during the waiting period, you may be able to have your employer (current or new) file a new petition for an EB-2 while retaining the original priority date from the first petition. In this case, you could shave years off the F-1 to green card processing time!
Remember that this is a delicate process that requires you to find a new job that requires your EB-2 qualifications. Consult with an immigration attorney to see if this is a viable option for you.
Changing Your Situation
Because you are already in the United States on a nonimmigrant visa, you will have two options for completing the final step from F-1 to green card status:
Adjustment of Status – This option is available only to those who are already in the United States. It entails submitting an I-485 form to the USCIS in order to have your status changed from nonimmigrant to immigrant. This form takes about six months to process, and there is no premium processing available.
Consular Processing entails traveling to your home country to conduct a one-on-one interview with a consular officer. This may appear to be less advantageous than status adjustment, but depending on your circumstances, it may be both cheaper and faster to process.
Following that, you will be sent your green card, which will be added to your passport. You will have completed the entire process of moving from an F-1 visa to a green card and will be a lawful permanent resident of the United States.
Employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special situations such as severe economic hardship or special student relief. M-1 students may engage in practical training only after they have completed their studies.
For both F-1 and M-1 students any off-campus training employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
How VisaNation Law Group Immigration Lawyers Can Assist
Whatever visa you are applying for, the process is often filled with documents, forms, fees, and other minutiae that can easily cost you a significant amount of time and money if not completed properly. The best way to protect your immigration investment is to hire a professional to handle all of the tedious details so that you can concentrate on your studies in the United States.
At VisaNation, we have assisted countless students just like you in studying and working in the United States. We handle everything from the initial consultation to the time you receive your F-1 visa. Fill out this contact form to schedule a consultation with our office to find out how long your F-1 processing time will be.
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.
