Visas

The office of immigration attorney Xavier A. Mendez can help you process all types of visas. Below is a list of all types of available visas.

VISA B-1 Given to people who enter the United States for business purposes.
VISA B-2 Gives people permission to visit the United States with tourism purposes.

TOURIST VISAS:
The tourist visa applies to a traveler of an outside country who would like to travel the United States within a determined timeframe and determined purpose. Once their objective or plans are completed the traveler leaves United States territory, they are a nonimmigrant foreigner. There is a special visa category for those people with a large number of options depending on the reason of their trip. For example, business, tourism, investments, school, cultural exchange, artists, temporary employees, special assignments, etc. For your information, there are nearly 76 different visas within this category. These visas are processed at United States Embassies of each country which they ask for certain requirements. Some of those requirements are:

  1. Prove the purpose of the trip is to enter the United States for a specific purpose which must be stated on the visa application.
  2. Stay will be for definite time. If stay is longer, you will be subject to penalties which will prohibit you to enter the United States for a period of 3 to 10 years.
  3. Demonstrate evidence of the funds to cover the costs of your stay and trip.
  4. Demonstrate undeniable evidence of social and economic ties in your country of origin.
  5. Demonstrate evidence of your residency outside the United States, like other ties that assure your return at the end of your visit.

It is up to the consulates interviewer’s discretion if they decide to approve the visa or not. If it is denied, you may apply again without a limit of times to apply again.
To qualify for the tourist visa, the applicant must complete all requirements described in the laws of Immigration and Citizenship “Immigration and Nationality Act”.
The law assumes that each applicant has intentions of immigrating, in other words with intentions of staying permanently in the country. For that reason, each applicant must “demolish” that hypothesis demonstrating that:

  • The purpose of the trip is to enter the United States for business, pleasure, or medical treatment.
  • You wish to stay for definite time.
  • Evidence of the funds to cover the expenses of the trip and stay.

VISA E-1 Allows you to enter the country to do business with citizens native of a nation which the United States has a commercial treaty.
VISA E-2 For business owners with fundamental investments or investments of American businesses.

VISA F-1 For Students.

Visa H-1B For professional employees.
VISA H-2B Issued to temporary employees.

VISA J-1 Given to visitors who complete an exchange program.
VISA K-1 cGiven to the fiancé of someone who resides in the United States with an immigrant visa.

The visa K-1 is a visa for nonimmigrants that allows the fiancé of a U.S. Citizen to travel to the United States to marry the U.S. Citizen within a period of 90 days as of their entry to the country.

The program is a collaboration of U.S. Citizenship and Immigration Services (USCIS), Department of State (DOS), U.S. Customs and Border Protection (CBP).

Nonimmigrant Visas K3 and K4
The immigration law permits the spouse of a U.S. Citizen and their minor children to be admitted in the United States like nonimmigrants while they wait for their permanent residency process to be completed.

Eligibility
Once all the requirements are gathered for a nonimmigrant visa K-3, the individual must:

  • Be married to a U.S. citizen
  • Assure the U.S. Citizen spouse presents the form I-130, a petition for a foreign relative.

A child can meet the requirements for a visa K-4 if:

  • He or she is single, under the age of 21 and child of a nonimmigrant visa applicant K-3 that meets all requirements.

VISA L-1 Available for American business executives with foreign branch offices
L-1A Transfer of executives o managers within the same business
The classification nonimmigrant L-1A permits United states employers to transfer an executive or manager from one of their foreign offices to an office in the United States. This classification also permits a foreign country that not yet has an affiliated office in the Unites States to send an executive or manager to the United States with the purpose of creating an office. The employer must deposit the form I-129, a petition for a nonimmigrant employee, under the employee’s name. the following explains some characteristics and requirements of the visa program nonimmigrant L-1.

Employer and Employee General Requirements 
To qualify in the listing L-1 of this category, the employer must:

  • Have an eligible relationship with a foreign company (central office, branch, subsidiary or affiliate, collectively referred to eligible organizations).
  • Currently or in plans of making business as a United States employer and in hands of another country, directly or through an eligible organization during the stay of the beneficiary in the United States like a L-1. As long as the business is viable, it is not required to be involved in international trade.

Make Business means the regular supply, systematic and constant goods and or services through an eligible organization and does not include the mere presence of an agent or eligible organization in the United States and abroad.
As well as to qualify, the appointed employee must

  • Generally, must have been working for an eligible organization abroad for a period of one continuous year and within the three previous years of their entry into the United States.
  • Obtain entry into the United States with the intention of performing services at an executive or management capacity at a branch of the same employer or one of their eligible organizations.

Executive Capacity Capacity generally refers to the capacity of the employee of making a wide range of decisions without much supervision.Management Capacity generally refers to the capacity of the employee of supervising and controlling the job of professional employees and manage the organization or department , subdivision, function or component of the organization. It can also refer to the capacity of the employee of managing essential work of the organization at a high level without direct supervision of others. Look at section 101(a)(44) Law of Immigration and Naturalization Act, amended, and the CFR 8 214.2(I)(1)(ii) for complete definitions.

Establishment of new offices for the company
For foreign employers looking to send an employee to the United States like an executive or manager, with purpose of establishing a new office, must demonstrate that

  • Sufficient physical spaces have been assured to inhabit the new office.
  • The employer has been hired as an executive or manager during a complete year within the three years previous to the application
  • The office in the United States will provide support to an executive or management position within one year of the petition being approved.

Family employees with visa L-1
The employees transferred to offices in the United States may be admitted accompanied by their spouse and children under the age of 21. These family members may apply for admission with a visa classification L-2, if approved it will be given for the same amount of stay as the employee with L-1. If these family members are in the United States and ask for a change of status or stay extension under classification L-2, they can collectively apply paying the proper amount with the form I-765. If this application is approved, there are no restrictions to what type of job.

Visa P-1 s a temporary employment visa for athletes and artists. Please contact us for more information regarding these visas.

Visa R-1 given to religious employees. Contact us for more information regarding these visas.

Visas NAFTA (TN)
North American Free Trade Agreement (NAFTA) creates special economic and commercial relationships for the United States, Canada, and Mexico. The TN of nonimmigrant status permits professionals from Canada and Mexico to work in the United States. The Mexican professionals should obtain a TN visa at a United States consulate or embassy to enter the country. The Canadian professionals may apply for TN status at a port of entry of the United States. Contact us for a list of professions included in the NAFTA treaty.

VISA V:

The visa V was established by the law Legal Immigration Family Equity Act- LIFE. This law establishes new “nonimmigrant” visa categories which allows the spouse or children of a Lawful Permanent Resident (LPR) to live and work in the United States under the nonimmigrant category. The spouse or children may remain in the United States while they are able to apply for their legal permanent residency (Adjustment of Status), or through an immigrant visa, instead of having to wait outside of the United States how the law previously required it.

HOW TO QUALIFY FOR VISA V:

The person may present the V-1 or V-2 visa application at a United States foreign consulate or seek their V-1 or V-2 nonimmigrant status within the United States if:

  1. The person is legally married to a United State legal resident (V-1) is a child (under 21 years of age) and single of a legal resident (V-2).
  2. The person is the main beneficiary of a family member on a petition (form i- 130) submitted by a legal resident spouse before December 21, 2000.
  3. The person has been waiting about 3 years since their legal residency petition was received because their petition is still pending or has been approved, but there is no immigrant visas available, or there is a pending application for adjustment of status or immigrant visa.
  4. The child of a nonimmigrant with the V-1 or V-2 visa qualifies for a visa V-3 or V-3 status.

REQUIRMENTS FOR VISA V:

If you are outside of the United States you must contact the United States Consulate or Embassy inside your jurisdiction. If you are inside the United States you must complete form I-539, the nonimmigrant change of status, and supplement A and pay the established rate, you must pay an amount for the digital fingerprints along with the application. You must follow the additional instructions available in the form I-539 in supplement A.

You must consult an attorney that can assure to protect your rights and take the necessary steps.

VISA H-1B/ OF SPECIALIZED OCCUPATION:
One of the most common job visas that foreigners seek who want to immigrate to the United States is the Visa H-1B. The visa H-1B allows companies in the United States to hire employees from foreign countries for specialized jobs. The immigration laws define “specialized job” that complies with the following requirements:

  1. RRequires a body of practical and theoretical body of skills specialized in professions such as: Architecture, Engineering, Mathematics, Science, Medical, Law, Accounting, Social Studies, Education, Business, Arts and Theology
  2. RRequires a University level or equivalent specialty and a license in case it is required.

The beneficiary of the visa H-1b is only authorized to work with the company sponsoring this visa.

If you require additional detailed information check our Frequently Asked Questions or click on “Contact”. Complete the case evaluation form that will appear on the bottom of your screen and click “Send”. Our office staff will contact you.