Immigration Services For Individuals

Generally, permissible B-1 business activities include work that is “necessary and incidental” to a B-1 visitor’s regular employment abroad. This covers a wide range of activities such as:

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• Attending and participating in scientific, educational, professional, or business meetings, conventions, conferences, or seminars;

• Consulting with business associates;

• Engaging in negotiations and executing contracts;

• Attending trade shows;

• Taking orders for goods produced and located outside the U.S. (NOTE: B-1 Visitors can NOT complete or fill the actual order while in the U.S.); and

• Researching options for opening a business in the U.S. (such as locating or entering into a lease for office space).

A business visitor may also come to the U.S. to secure funding for a new business. However, after securing the funding, the person cannot remain in the U.S. to start actual business operations or to manage the business or employees in the states.

Personal or Domestic Employees: Qualified personal or domestic employees may travel to the U.S. in B-1 status under certain circumstances when accompanying:

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1. A U.S. citizen employer who lives permanently outside the U.S. or is stationed in a foreign country and is visiting or is assigned to the U.S. temporarily; or

2. A foreign citizen employer in the U.S. who is in lawful nonimmigrant status.

For long-term or frequent professional-level work, management, and other hands-on activities in the U.S., a foreign national must obtain formal work authorization through an appropriate visa category.

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What We Can Do for You

BlackHawk is skilled in preparing B-1 applications. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

Visitors who want to enter the U.S. temporarily for business (B-1 category) or tourism/ pleasure (B-2 category) or a combination of both purposes must obtain a B-1/B-2 visa.

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Some foreign nationals of certain countries may qualify for a limited 90-day entry with ESTA under the Visa Waiver Program. All other foreign nationals will need to attend a visa interview abroad at a U.S. Consulate or Embassy before they can enter the U.S. as visitors. Canadians are visa exempt and do not need a visa to enter the U.S.

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B-2 Visitors

If the purpose of the planned travel is recreational in nature, including tourism, visiting friends or relatives or is related to medical treatment, activities of a fraternal, social, or service nature, or participation by amateurs who will receive no remuneration in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for the travel.

Persons planning to travel to the U.S. for a different purpose including students, temporary workers, crew members, or journalists, must apply for a different category of visa.

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What We Can Do for You

BlackHawk is skilled in preparing B-1 applications. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The E-1 Treaty Trader visa exists for citizens of countries that maintain a treaty of commerce and navigation with the United States. It enables foreign nationals to be admitted to the U.S. solely to engage in international trade on his or her own behalf.  In addition, certain employees of such a person or of a qualifying organization may also be eligible for this classification.

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Requirements

To qualify for E-1 status, the treaty trader must be coming to the U.S. to conduct trade between the States and the treaty country. In addition, the applicant must:

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1. Be a national of a country with which the U.S. maintains a treaty of commerce and navigation;

2. Carry on substantial trade with the U.S.; and

3. Carry on principal trade between the U.S. and the treaty country which qualified the treaty trader for E-1 classification.

What We Can Do for You

BlackHawk is skilled in preparing E-1 applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The E-2 Treaty Investor visa exists for citizens of countries that maintain a treaty of commerce and navigation with the United States. It enables an individual to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. A major benefit of this classification is that it can be utilized by foreign nationals to establish and open a business in the States. In addition, certain employees of such a person or of a qualifying organization may also be eligible for this classification.

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Requirements

To qualify for E-2 status, the treaty investor (whether a business or individual) must:

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• Be a national of a country with which the U.S. maintains a treaty of commerce and navigation;

• Have invested or is actively in the process of investing a substantial amount of capital in a new or existing U.S. business; and

• Be seeking to enter the U.S. solely to develop and direct the investment enterprise, a real, active commercial undertaking which produces services or goods for profit.

What We Can Do for You

BlackHawk is skilled in preparing E-2 applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The E-3 visa classification applies only to citizens of Australia as well as their spouses and children. E-3 principal applicants must be going to the U.S. solely to work in a specialty occupation.

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The definition of “specialty occupation” is one that requires:

• A theoretical and practical application of a body of specialized knowledge; and

• The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.

The proffered position will qualify provided that it requires a minimum of a bachelor’s degree in a specialty occupation. The applicant must prove eligibility for the E-3 category with documentation of sufficient educational credentials, licensure, and/or experience.

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Work authorization for E-3 workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).

Prerequisites to Filing an E-3 Petition

There are numerous obligations of an E-3 employer that must be considered:

• The petitioner must be a viable entity that can pay the applicant the prevailing wage for someone in a similar position in the location where the work is primarily performed.

• A Labor Condition Application (LCA, or ETA Form 9035) must be certified by the Department of Labor (DOL) before the petition is submitted to USCIS or U.S. embassy/consulate.

• The employer must also document compliance with the LCA requirements in a “Public Access File” (PAF). The LCA and PAF contain standard attestations that the employer must make, as well as basic wage and location information about the proposed E-3 employment, including rate of pay, period of employment, and work location.

Process

An E-3 application can be submitted in-person upon scheduling a visa interview at a U.S. Consulate or Embassy in Australia. Alternatively, an application can be submitted to USCIS; upon approval, the foreign national will attend a visa interview abroad.

Dependents

The spouse and unmarried children (under 21 years of age) of the primary E-3 applicant may also receive an E-3 visa to accompany or follow the primary holder. They are not required to have the same nationality as the principal applicant. Spouses and children may attend school, and spouses are eligible to apply for work authorization in the U.S.

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What We Can Do for You

BlackHawk is skilled in preparing E-3 applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The F-1 student visa is the most common visa for students wanting to study in the United States. It is a temporary visa for foreign students who enter the United States in order to continue their education at an accredited school or college. 

The steps required to apply for an F-1 student visa may vary based on the U.S. embassy or consulate where you chose to submit your application. Visit USEmbassy.Gov to confirm the requirements for your specific U.S. embassy or consulate.

To begin the process of obtaining an F-1 student visa, you’ll need to:

• Fill out the Online Nonimmigrant Visa Application, Form DS-160. Print this application form confirmation page and bring it to your F-1 student visa interview.

• Upload Your Photo –Follow the photograph requirements and submit with the online application.

Upon completing your online application, you can then proceed to schedule an interview at any U.S. Embassy or Consulate. It’s best to choose an interview location in the area in which you have permanent residency. Apply for your F-1 student visa early because interview wait times will vary based on location and season.

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What We Can Do for You

BlackHawk is skilled in preparing F-1 applications. Our immigration experts are available to consult with both employers and potential employees, as well schools  to discuss their options and responsibilities.

The H-1B category is designated for temporary professionals to work in the U.S. in a “specialty occupation,” which is generally defined as a position that requires at least a Bachelor’s degree or the equivalent. The applicant must prove eligibility for the H-1B category with documentation of sufficient educational credentials, licensure, and/or experience.

Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).

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Numerical H-1B Visa Limitations

Each year, Congress limits the number of new H-1B nonimmigrants admitted to the U.S.; it is currently capped at 65,000. Each year, USCIS accepts petitions beginning April 1 until the cap is filled. Petitions are subject to random lottery selection for review and adjudication. If the application is approved, the H-1B visa would be valid for use beginning October 1. Upon approval, the applicant must attend a visa appointment at a U.S. Consulate or Embassy abroad (unless Canadian).

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The first 20,000 petitions filed on behalf of beneficiaries with a U.S. Master’s degree or higher are exempt from the numerical cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Dual Intent

An individual may apply for permanent residency (“green card”) and hold H-1B nonimmigrant status simultaneously.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may attend school. As of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can apply for work authorization as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status.

Period of Stay

An H-1B nonimmigrant may be admitted for an initial period of up to three years. Extensions may be granted, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

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What We Can Do for You

BlackHawk is skilled in preparing H1B applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The H1B1 category was created by the Free Trade Agreements signed with Chile and Singapore in 2003. The 6,800 available H1B1 visas each fiscal year can be an excellent alternative to the H1B visa for citizens of those countries. These visas are deducted from the 65,000 H1B visas that are available worldwide each year. The requirements for the H1B1 are largely identical to those of the H1B.

Requirements

• There is no requirement that a petition first be filed with the USCIS. Chileans and Singaporeans may apply directly at a U.S. consulate for an H1B1 visa. A petition may be filed with the USCIS to change status to H1B1, or to extend H1B1 status.

• H1B1 status is generally granted in one-year increments, and may be extended.

• The H1B1 classification is available to some applicants who would not otherwise qualify for an H1B visa because they do not possess bachelors’ degrees or the equivalent: Chilean citizens who are offered employment as agricultural managers or physical therapists, and Singaporean and Chilean citizens who are offered employment as disaster relief claims adjusters or management consultants.

• As with the H1B visa, a labor condition application (LCA), certified by the U.S. Department of Labor, is required.

• The spouse and minor children of an H1B1 employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.

• Unlike H1B and L visas, H1B1 visas are not considered dual intent visas. Therefore, a person in H1B1 status, who files for permanent residence (commonly referred to as a “green card”) may endanger his/her continued H1B1 status.

What We Can Do for You

BlackHawk is skilled in preparing H1B1 applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The H-3 visa is useful for a limited group of people, namely those who have been invited to participate in a training program in the United States. The training may be offered by a U.S. branch of their own company or by an unrelated U.S. company. However, the training must be unavailable in the worker’s home country. There are no limits on the number of people who can be granted H-3 visas each year.

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U.S. Citizenship and Immigration Service’s (U.S.C.I.S.) regulations recognize some specific types of trainees as potentially H-3 eligible, including certain medical interns or residents; licensed nurses who need a brief period of training that is unavailable in their native country; and special education exchange visitors. The requirements for the latter group are slightly different than for other trainees.

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What We Can Do for You

BlackHawk is skilled in preparing H-3 applications encompassing a wide variety of industries and occupations. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

A J-1 Visa is a non-immigrant visa available to aliens that fall under the designation of “Exchange Visitor.” J-1 exchange visitors travel to the United States through a Department of State approved sponsor program to teach, study, receive training, or demonstrate special skills. To obtain a J-1 Visa, your sponsor must be accredited through the Exchange Visitor Program designated by the U.S. State Department.

Individuals who qualify for J-1 status, if sponsored through an accredited Exchange Visitor Program, include:

1. Au Pair

2. Camp Counselor

3. College or University Student

4. Government Visitor

5. Intern

6. International Visitor

7. Physician

8. Professor and Research Scholar

9. Secondary School Student

10. Short-Term Scholar

11. Specialist

12. Summer Work Travel

13. Teacher

14. Trainee

Certain types of J-1 exchange visas require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years after the completion of the J-1 status. However, there are certain circumstances where this requirement can be waived.

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What We Can Do for You

BlackHawk is skilled in preparing J-1 applications. Our immigration experts are available to consult with both employers and employees to discuss their options and responsibilities.

The L-1 nonimmigrant category is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity (L-1B) for the foreign company.

To qualify for L-1 status, the foreign national must have been employed abroad by the foreign employer on a full-time basis for at least one continuous year during the last three-year period. The individual must be coming to the U.S. to hold a Managerial, Executive, or “Specialized Knowledge” position.

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Typically, both the foreign and U.S. entities must have been operating for at least one full year prior to the time of application. Both entities must be actively “doing business,” meaning that they both engage in regular, systematic, and continuous provision of goods and/or services. Both companies should also have an established workforce and sufficient office space to conduct business.

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Successful applicants will be approved for a maximum period of three years.

 “NEW OFFICE” PETITIONS

The government also permits issuance of an L-1 work permit to individuals who are employed by companies that wish to expand their operations to the U.S. This is referred to as a “New Office” L-1 petition. In this case, the petitioner must demonstrate that a U.S. entity has been incorporated, that sufficient physical space has been secured to conduct business in the U.S., and that the foreign entity is able to commence doing business in the U.S.

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There is no “doing business” requirement for New Office L-1 petitions. In lieu of this requirement, the government will grant L-1 status to the applicant for a one-year period. During this time, the petitioning entity must commence business in the U.S. If successful, the company can submit subsequent petitions to extend the applicant’s L-1 status in three-year increments.

For Canadian citizens, an L-1 petition may be filed with U.S. Customs & Border Protection (CBP) at a U.S. port-of-entry and a decision is normally issued immediately. The L-1 beneficiary may begin working in the U.S. immediately following an approval.

The L-1 nonimmigrant category is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity (L-1B) for the foreign company.

To qualify for L-1 status, the foreign national must have been employed abroad by the foreign employer on a full-time basis for at least one continuous year during the last three-year period. The individual must be coming to the U.S. to hold a Managerial, Executive, or “Specialized Knowledge” position.

Typically, both the foreign and U.S. entities must have been operating for at least one full year prior to the time of application. Both entities must be actively “doing business,” meaning that they both engage in regular, systematic, and continuous provision of goods and/or services. Both companies should also have an established workforce and sufficient office space to conduct business.

Successful applicants will be approved for a maximum period of three years.

 “NEW OFFICE” PETITIONS

The government also permits issuance of an L-1 work permit to individuals who are employed by companies that wish to expand their operations to the U.S. This is referred to as a “New Office” L-1 petition. In this case, the petitioner must demonstrate that a U.S. entity has been incorporated, that sufficient physical space has been secured to conduct business in the U.S., and that the foreign entity is able to commence doing business in the U.S.

There is no “doing business” requirement for New Office L-1 petitions. In lieu of this requirement, the government will grant L-1 status to the applicant for a one-year period. During this time, the petitioning entity must commence business in the U.S. If successful, the company can submit subsequent petitions to extend the applicant’s L-1 status in three-year increments.

For Canadian citizens, an L-1 petition may be filed with U.S. Customs & Border Protection (CBP) at a U.S. port-of-entry and a decision is normally issued immediately. The L-1 beneficiary may begin working in the U.S. immediately following an approval.

O-1: Individual with Extraordinary Ability or Achievement
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The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics. “Extraordinary Ability” means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
The O-1B visa is for individuals with an extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry. Extraordinary ability in the field of arts means distinction, or a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered in the industry. Similarly, beneficiaries in the motion picture or television industry must demonstrate skill and recognition that is outstanding, notable or leading in the field.
The O-2 visa is for individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance. The O-2’s assistance must be an “integral part” of or “essential to” the O-1’s work in the U.S. The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and that are essential to the successful performance of the O-1.
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To qualify for an O-1 visa, the beneficiary must demonstrate sustained national or international acclaim with plans to continue working in the U.S. in that area of extraordinary ability.

A short-term U.S. work visa known as the P visa is available to outstanding athletes, athletic teams, and entertainment companies (including circuses) with a job offer from a U.S. employer. Their essential support personnel may also be granted visas with the same letter-number designations. There is no annual limit on the number of people who can receive P visas.

P-1 visas are available to athletes or athletic teams that have been internationally recognized as outstanding for a long and continuous period of time. Entertainment companies that have been nationally recognized as outstanding for a long time also qualify. P-1 visas can be issued based on the expertise of a group.

P-2 visas are available to artists or entertainers, either individually or as part of a group, who come to the U.S. to perform under a reciprocal exchange program between the U.S. and one or more other countries. All essential support personnel are included. The applicant will need to prove the legitimacy of the program by presenting a formal, written exchange agreement. In addition, a labor union in the U.S. must have either been involved in the negotiation of the exchange or have agreed to it. The U.S. individual or group being exchanged must have skills and terms of employment comparable to the person or group coming to the United States.

P-3 visas are available to artists or entertainers who come to the U.S., either individually or as part of a group, to develop, interpret, represent, teach, or coach in a program that is considered culturally unique. The program may be of either a commercial or noncommercial nature. The P-3 applicant must be coming to the U.S. to participate in a cultural event or events that will further the understanding or development of an art form. In addition, the employer will have to submit on the applicant’s behalf:

Statements from recognized experts showing the authenticity of the person or group’s skills in performing, presenting, coaching, or teaching the unique or traditional art form and showing the basis of knowledge of the person or group’s skill, or

Evidence that the person or group’s art form is culturally unique, as shown by reviews in newspapers, journals, or other published materials, and that the performance will be culturally unique. Essential support personnel of P‑3 aliens should also request classification under the P-3 category. The documentation for P-3 support personnel should include:

A consultation from a labor organization with expertise in the area of the applicant’s skill

A statement describing why the support person has been essential in the past, critical skills, and experience with the principal applicant, and

A copy of the written contract or a summary of the terms of the oral agreement between the applicant and the employer.

The Q-1 visa allows individuals to come to the U.S. to take part in an established international cultural exchange program. The program must provide practical training and employment, while sharing the participants’ native culture, history, and traditions with the people of the United States. There is no cap on the number of visas issued under this category each year.

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Key Features of the Q-1 Visa

A Q-1 visa is a nonimmigrant visa and thus requires nonimmigrant intent. In other words, upon the termination of the Q-1 visa an individual must return to his/her native country. Once the individual has entered the U.S. in Q-1 status, he/she can engage only in activities allowed under the visa.

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The spouse and children (unmarried, under age 21) of Q-1 visa holders may come to the U.S. under Q-3 visa status. A Q visa petition is approved for the length of the program, or for 15 months, whichever is shorter. The holder of a Q visa may enter the U.S. up to 10 days before the start date of the petition. No extensions of stay are granted upon the expiration of the 15 months. Moreover, the holder of a Q visa who has spent 15 months in the United States may not be issued a visa or be readmitted under the Q visa classification unless he/she has resided and been physically present outside the U. S. for one year. Upon the expiration of the 15 months, an individual has 30 days to depart the U.S.

The TN Visa category was created under the North American Free Trade Agreement (NAFTA), which created special economic and trade relationships for the U.S., Canada, and Mexico.

Canadians and Mexicans may be eligible to work in the U.S. as a nonimmigrant NAFTA professional under the following conditions:

The applicant is a citizen of Canada or Mexico;

The prospective job offer is a profession on the NAFTA list;

The applicant will work in a prearranged full-time or part-time job for a U.S. employer (self-employment is not permitted); and

The applicant has the required NAFTA qualifications, meeting the specific education and/or experience requirements of the profession.

With some exceptions, each profession requires the applicant to possess a Bachelor’s degree as an entry-level requirement. In some professions, an alternative to a Bachelor’s degree is listed, such as related experience or special licensing.

For a complete list of professions and minimum requirements under NAFTA, see Appendix 1603.D.1 of NAFTA Chapter 16.

Among the list of designated TN professions are: Accountants, Computer Systems Analysts, Mathematicians, Economists, Management Consultants, Registered Nurses, Engineers, Lawyers, Research Assistants, Graphic Designer, Librarians, Hotel Managers, and more.