Haven & King Law Firm
天恩律师事务所
Non-Immigrant Visa Services
B-1/B-2 Visas
The B-1/B-2 visas are primarily for applicants traveling to the United States for short-term purposes. The B-1 visa is for individuals engaging in short-term business activities, attending conferences in the fields of technology, education, or business, handling real estate, or negotiating contracts. The B-2 visa is for individuals traveling to the United States for leisure, tourism, visiting family, medical purposes, or other social, recreational, or service-related activities. B-1 and B-2 visas are often combined into a single category: B-1/B-2.
Eligibility for B-1/B-2 visas:
(1) The purpose of the trip to the U.S. is for short-term visits, such as business, leisure, or medical activities.
(2) The intended stay in the U.S. is limited and predetermined.
(3) Sufficient funds are available to cover all expenses during the stay in the U.S.
(4) The applicant has a permanent residence outside the U.S. and maintains strong social and economic ties to ensure a timely return after the trip to the U.S.
B-1/B-2 Visa Application Process:
(1) Complete the Non-Immigrant Visa Electronic Application (DS-160).
(2) Pay the visa application fee.
(3) Schedule an interview, providing passport number, fee receipt number, and the 10-digit barcode from the DS-160 confirmation page.
(4) Attend the interview at the U.S. Embassy or Consulate as scheduled, bringing a printed appointment letter, DS-160 confirmation page, recent photographs taken within the last six months, and all old and current passports. Applications lacking any of these documents will not be accepted.
E-1/E-2 Treaty Trader/Investor Visas
The E-1 visa, also known as the Treaty Trader visa, is a U.S. non-immigrant visa applicable to individuals engaged in trade with the United States. This trade must occur between the United States and a country that has a trade and investment treaty with the U.S. The E-1 visa allows sole proprietors engaged in trade or employees of trading companies to conduct trade in the U.S. This trade can encompass various industries, including transportation, communications, banking, advertising, and management.
The E-2 visa, known as the Investor Visa, is a long-term, renewable non-immigrant work visa with no quota or waiting period restrictions. During the five-year validity period, an average of over 40,000 individuals are approved annually, with a success rate of up to 80%, surpassing that of the B-2 tourist visa. The E-2 visa is designed for investors traveling to the U.S., and applicants must be citizens of countries that have a specific business treaty with the United States (Mainland China is not included). Applicants must make a genuine and active investment in the U.S.
Eligibility:
(1) The E-1 Treaty Trader visa requires continuous involvement in international trade between the U.S. and the treaty country, involving larger workloads and capital investment.
(2) The E-2 Investor visa only requires investing a small amount of capital to establish and actively operate a business in the U.S., typically around $150,000 or less, which could include businesses like restaurants or laundromats.
E-2 Visa Application Requirements:
(1) The applicant must be a citizen of a country that has a Treaty of Commerce and Navigation with the U.S.
(2) The company in which the applicant will work in the U.S. must be at least 50% owned by nationals of the treaty country.
(3) The applicant must be either the owner of the company or a key employee (such as a manager, executive, or employee with essential skills).
(4) The applicant or the company must make a substantial investment in a U.S. business (no specific investment amount is required, but it should be related to the type of business and a for-profit investment with risk involved).
(5) The company must be actively engaged in business in the United States and meet the specific requirements of the state or region.
(6) The applicant must have the intention or plan to depart the United States after completing the investment business activity.
Benefits of the E-2 Visa:
(1) The applicant can legally work for the company in which they have invested.
(2) The applicant can freely travel in and out of the United States during the visa's validity period.
(3) The applicant can apply for their spouse or unmarried children under 21 to accompany them and reside legally in the United States.
(4) The applicant's spouse can apply for a work permit and work within the United States.
Application Process:
(1) Decide on the investment project or establish a new company.
(2) Prepare a detailed business plan.
(3) Gather application information.
(4) Begin preparing application materials with the help of an attorney.
(5) Submit the application, and await approval.
F-1 Student Visa
The F-1 visa is an academic visa intended for international students who wish to study at U.S. universities, colleges, language schools, elementary schools, high schools, etc. Applicants must register at a U.S. government-recognized school and select academic courses leading to a degree or certificate.
Eligibility for the F-1 visa:
(1) Students must have permanent residency in their home country and the intention and capability to return after completing their studies.
(2) Students can only attend academic institutions certified by the Student and Exchange Visitor Program (SEVP).
(3) Applicants must demonstrate sufficient funds to cover all expenses during their study period.
(4) All applicants must prove strong ties to their home country, such as a job offer after completing their studies, personal assets (property, land, vehicles, etc.), bank accounts, and family, to show plans for returning home after their academic pursuits.
(5) While English proficiency is not a requirement for the student visa, most universities have basic language requirements for admission. Therefore, many older international students may apply to language schools first and then apply for university courses.
The F-1 visa application process:
(1) Receive the I-20 (a document issued by U.S. schools recognized by the U.S. government to prove the applicant's legal student status).
(2) Pay the SEVIS fee ($200).
(3) Submit the DS-160 application form.
(4) Register and fill out the required information on the U.S. Embassy's website in your home country.
(5) Pay the visa fee.
(6) Schedule a visa interview appointment.
(7) Prepare all required documents for the visa application.
(8) Attend the visa interview at the embassy.
J-1 Exchange Visitor Visa
The J-1 visa is a non-immigrant visa suitable for foreign exchange visitors participating in programs approved by the U.S. Department of State for short-term study, academic visits, or research work. Hence, it is often referred to as the J-1 Exchange Visitor Visa. This visa facilitates educational and cultural exchange between the United States and other countries, fostering mutual understanding and promoting international cooperation and friendly relations.
Eligibility for the J-1 visa:
This visa is suitable for applicants engaging in short-term exchange visitor activities in the U.S., including teaching, observation, providing expert advice, receiving training, and demonstrating special skills at research institutions, museums, libraries, higher education institutions, or similar organizations.
The J-1 visa application process:
(1) Apply for the DS-2019 form.
(2) Prepare J-1 visa documents.
(3) Follow the same application process as the B-1/B-2 visa for other requirements.
O-1 Extraordinary Ability Visa
The O-1 Extraordinary Ability Visa is a non-immigrant visa designed for foreign individuals who have made outstanding contributions or demonstrated exceptional ability in fields such as science, arts, education, business, sports, or have achieved national or international recognition in the film and television industry.
Eligibility for the O-1 visa:
(1) Receipt of a national or internationally recognized award.
(2) Membership in associations or organizations that require outstanding achievements as criteria for admission.
(3) Recognition through media coverage in prominent publications or media.
(4) Participation as a judge in evaluating the work of others in the same or related field.
(5) Significant contributions in the field of science, academia, or business.
(6) Published articles in professional journals or major media.
The O-1 visa application process:
(1) Prepare O-1 visa application materials, including the I-129 form, employer support letter, employment contract, future travel plans for the next three years, recommendation letters, and documents demonstrating your extraordinary ability.
(2) Choose whether to activate the O-1 visa within the U.S. or abroad when filing the I-129 form. In-U.S. Activation: Your status will automatically change to O-1 after approval if you are already in the U.S. Out-of-U.S. Activation: Your O-1 visa will not automatically activate after approval; you will need to attend an interview at a U.S. embassy or consulate abroad to obtain the O-1 visa.
(3) O-1 visa processing time: The current USCIS official processing time for O-1 applications is between 2 weeks to 2.5 months. Expedited processing is available for O-1 applications, with USCIS providing a decision within 15 calendar days of receiving the application.
L-1 Intracompany Transferee Visa (L-2 Visa)
The L-1 visa is used for intracompany managers and executives or specialized knowledge employees to work in the U.S. at branch offices, subsidiaries, or affiliates of the same employer. Applicants must have worked continuously for the same employer for at least one year in the past three years. Under U.S. immigration regulations, spouses and unmarried children under 21 years of age of L-1 visa holders can apply for L-2 visas.
Eligibility for the L-1 visa:
(1) Have worked for a foreign company for at least one year continuously in the past three years.
(2) Be employed as a specialized knowledge worker for the foreign company's U.S. office.
(3) The specialized knowledge must be relevant to the position.
(4) L-1 visa holders must leave the U.S. before the visa expires.
The L-1 visa application process:
(1) Employer Application: The U.S. employer (subsidiary or branch of the multinational company) needs to submit Form I-129 to the U.S. Citizenship and Immigration Services (USCIS).
(2) Document Preparation: You need to prepare a series of documents to support your application.
(3) Submission of Application: The employer submits the Form I-129 and supporting documents to USCIS.
(4) Interview Appointment: After submitting the application, you may be required to attend an interview at a U.S. embassy or consulate in your home country.
(5) Approval Obtained: Once the application is approved, you will receive an I-797 Approval Notice.
(6) Visa Application: Using the I-797 Approval Notice, you can start the DS-160 visa application form submission at the U.S. embassy or consulate in your home country.
(7) Interview and Fingerprint Collection: The consulate will schedule an interview. Fingerprint collection is typically required before the interview.
(8) Visa Decision: Consular officers will decide whether to approve your visa application based on your interview performance and application materials.
(9) Entry into the U.S.: Once your visa is approved, you can plan your entry into the U.S. At the port of entry, U.S. Customs and Border Protection (CBP) will review your documents and make a final determination.
R-1 Religious Worker Visa
The R-1 visa is issued to foreign individuals who are coming to the United States to work in a religious capacity for a recognized religious organization.
Eligibility for the R-1 visa:
(1) Must be a member of a religious organization for at least two years. The religious organization must be a nonprofit organization in the United States.
(2) Coming to the U.S. to work as a religious worker fulfilling a religious vocation or occupation (and the organization must be tax-exempt).
(3) If you held an R-1 visa in the past five years, you must have resided outside the United States for at least one year.
The R-1 visa application process:
(1) Your U.S. employer, the recognized religious organization, must submit Form I-129 (Petition for Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).
(2) You must wait for the I-129 petition to be approved before applying for the visa at a U.S. embassy or consulate.
(3) Once the I-129 petition is approved, your employer or agent will receive Form I-797, Notice of Action, as the approval notice.