CHILD CUSTODY

Non-immigrant Visas

"B-1" Visitor for Business

  1.     Requires a passport and a nonimmigrant visa unless exempt;
  2.     Proof of unrelinquished foreign residence is required;
  3.     The individual admitted for the time needed, up to one year, with the possibility of extension(s) of temporary stay in increments of not more than six-month each.
  4.     Receives no salary or income from a U.S.-based company/entity, other than prize money
    B-1 status does not grant an alien permission to obtain employment in the US. However, B-1 visa holders may engage in work related activities based upon employment positions they hold outside the US.

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    Reasons to obtain B-1 visa:

  • Participate in scientific, educational, professional or business  conventions, conferences or seminars;
  • Lecture or speak at the conferences, with no income from a US based entity. Special rules for receiving honorarium apply.
  • Perform duties as installers, repair and  maintenance personnel;
  • Perform tours
  • Participate in a sporting event as a professional athlete in order to compete with another sports team;
  • Service engineer (Commercial, Industrial) to install, maintain or repair commercial or industrial equipment or machinery sold by a non-US company to a U.S. buyer, when specifically required by the purchase contract.
  • Business venture, investor seeking investment
  • Survey potential sites for a business and/or to lease premises in US; however, one cannot remain in US to manage business
  • Participate in conference, meeting, trade show or business event as attendee
  • Conduct research with no compensation from a US based source, and with no benefit to US institution.
  • Negotiate and sign contracts for products produced outside of US

"B-2" Visitor for pleasure

  1.     Requires a passport and a nonimmigrant visa unless exempt;
  2.     Proof of unrelinquished foreign residence is required;
  3.     Individual shall receive an I-94 for a minimum period of six month,, even if less time is requested.
    Individual may be classified as B-2 visitor for pleasure if he or she

  • Came to participate in convensions, conferences
  • Traveling to the US for purposes of tourism or to visit with relatives or friends

"WB/WT" Visa Waiver Program

Only nationals of 27 countries are eligible to enter the US for 90 days without visa.

 Andorra   Finland   
 Japan     Norway     Sweden
 Australia France Liechtenstein Portugal Switzerland
 Austria Germany Luxembourg San Marino
 United Kingdom
 Belgium    Iceland Monaco Singapore 
 Brunei  
 Denmark   
 Irland
 Italy    
 New Zeland
 The  Netherlands
 Slovenia
 Spain
 

   *Canada, Mexico and Bermuda are not participating in the Visa Waiver Program   

  • The aliens must present a machine-readable passport valid for six month past their expected stay in the US.
  • The aliens must have complied with the conditions of previous admissions under the Visa Waiver Program;
  • They must have a return trip ticket to any foreign destination
  • They need to demonstrate sufficient funds to support themselves while in the US.

"F-1" - Academic Student

   This  visa classification is designed for individuals wishing to enter the United States as students at college, university or school other approved institution.

     Requirements:
  1. SEVIS Form I-20AB
  2. Must maintain a "full course of study at a DHS approved school;
  3. School officials may authorize on-campus employment at any time. A student who has been in F-1 status for one full academic year may apply to CIS for off-campus employment based on severe economic hardship and with school recomendatin
  4. A student may request for optional practical training directly related to the student's area of study may be submitted to CIS up to 90 days prior to completing one full academic year. Practical training is limited to 12 months.
  5. Proof of unrelinquished foreign residence is required;
  6. Admitted for duration of status.

"J-1" - Exchange Visitor

The exchange visitor (J) nonimmigrant visa category is provided for persons who are coming as part of exchange visitor programs in the U.S. To start the process of obtaining J-2 visa, one This means that before you can apply at a U.S. Embassy or Consulate for a J visa, you must first apply, meet the requirements, and be accepted for one of the Exchange Visitor Program categories through a designated sponsoring organization . Once a person is accepted as a participant in an exchange program, the sponsor will provide him with information and documents necessary to apply for the J visa to enter the U.S. J-1 visa is designed for :
  • Professors or Researchers
  • International visitors
  • Teachers
  • Camp counselors
  • Au pair
Requirements:
  1. Certificate of eligibility for Exchange Visitor Status
  2. SEVIS generated form DS-2019
  3. Employment allowed under the terms of the exchange
  4. Spouses may work only with CIS permission;
  5. Proof of unrelinquished foreign residence is required;
  6. Admitted for duration of status.
  7. SEVIS fee

The Au Pair category of the J-1 Visa Exchange Program allows a caring live-in childcare provider between the ages of 18 and 26 to live as an extended member of a host family in exchange for room, board, and a stipend. Although the main priority of a successful applicant will be to take care of the kids, they should also have free time to enjoy life in the U.S.There are several agencies that provide services of matching candidates with host families in USA.

  • Be 18 to 26 years-old and in good health
  • Have a genuine love of children and childcare experience
  • Speak and understand English
  • Be a secondary school graduate
  • Have an international driver's license and a minimum of 50 hours of driving experience
  • Be a non-smoker if required by the host family
  • Be of good character and receive a police clearance report
  • Be prepared to commit to 12 months away from home
  • Have not previously lived in the U.S. as an au pair

"H" Non Immigrant Classification

This visa allows eligible aliens to receive training or to work temporarily in the United States. There is a limit on the number of visas issued in this category.

 "H1-B" - Specialty Occupation and Fashion Models

      
    H1-B visa is available for persons with bachelor degree or higher  in different fields relating to job offer. Initially the visa may be issued for three years, which may be extended for another three years. The current annual cap on the H-1B category id 65,000.

Additionally, 20,000 visas available for for foreign workers with a Master's or higher level degree form a US academic institution.

H1-1B1 visa is available for a national of Singapore or Chile coming to the U.S. to work temporarily in a specialty occupations.  The H-1B1 alien does not need an employer to file a petition. Relevant professional licenses are not a prerequisite to admission, but may be sought after admission. The maximum period of initial admission is one year.

"H-2A" Temporary Agricultural workers.
Generally, temporary agricultural work does not last linger than one year. Empolyers may not import a foreign worker under an H-2A visa unless they have applied to the Employment and Training Administration (ETA) (www.doleta.gov) fpr certification that: (1) there are not sufficient workers are able, willing, qualified, and available to perform the work; and (2) the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed workers in the United States. Employers certified for H-2A contracts must agree to provide each worker an offer of employment for at least 75 percent of the workdays in the contract period. Such contract is called "three-fourth guarantee."

H-2B" Temporary workers, not for agriculture.

Typically, H-2B workers workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service and resort services. H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and April. The cap is 33,000 for 6 moths period.

H-2R Returning Workers, Previously H-2B's

"H-3" Trainees

Visa category for aliens who are coming to receive training. The limit is 50 visas per year.

"L" INTER COMPANY TRANSFEREE

      This classification is designed to allow aliens coming temporary to the US to perform temporary services as a manager or executive (L-1A) or bringing specialized knowledge about some aspect of the company's operation (L-1B).

"O" EXTRAORDINARY ABILITY VISA


This visa is designed for persons with extraordinary abilities in the sciences, arts, education, business and athletics or extraordinary achievements in motion picture and television production and their essential support personnel. Must be approved to work a specific event or performance. The maximum admission if for 3 years. Usually for 1 year and 1 year extension for the same event.

"P" ATHLETES, ENTERTAINERS, & ARTISTS


  The 3 day waiting period is mandatory for all groups more than five members.

"R" RELIGIOUS WORKER


The alien may be coming to the US solely to carry on the vocation of a minister of the religious denomination.
Every petition for an R-1 worker must be filed by a prospective or existing U.S. employer through the filing of a Form I-129, Petition for Nonimmigrant Worker.  An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior approval of Form I-129 by U.S. Citizenship and Immigration Services (USCIS).

"TN" NAFTA NON IMMIGRANTS


This visa is available for Canadian and Mexican citizen business persons to seek temporary entry into the US to engage in business activities at a professional level in one of the professions set forth in Appendix 1603.D.1 to section 1603 of NAFTA.

TN requirements for Canadians:

  • Canadian passport
  • Copy of college diploma
  • Qualified Job Offer
  • Proof of the arrangements for remuneration services
  • an I-94 processing fee
  • Visa is not required
  • Maximum period of initial admission - 1 year
  • No limits

TN requirements for Mexican citizens:

  • Evidence of Mexican citizenship
  • Copy of college diploma
  • Qualified Job Offer
  • Proof of the arrangements for remuneration services
  • an I-94 processing fee
  • Valid passport
  • The spouse and dependent children shall not accept employment in the US unless otherwise authorized under the INA. 
  • Maximum period of initial admission - 1 year


"K" - FIANCE/ FIANCEE OF US CITIZEN


"K-1" visa is designed for aliens and their children who were entering the US as the fiance/fiancee of a US citizen.

    All K1 require visa regardless of the nationality and original location.

Requirements:

1.      Proof of US Citizenship

2.      Proof that you can legally marry:

·         Provide copies of evidence that you and your fiancé(e) have personally met within the last two years;

·         Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent.

·         If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.

·         Birth Certificates

3.      Other documents

·         G-325A for US Citizen

·         G-325A for fiancée

·         Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiancé(e), with both photos taken within 30 days of the date of filing this petition.

4.      Criminal records of US Citizen

5.      I-134 Affidavit of Support

6.       FEE


"K-3"  the alien applicant must be the spouse of US citizen.
The spouse must file form I-130 for immigrant visa.
The spouse must also file I-129F for K-3 classification.
Alien spouse on approval of both petitions must apply for visa issuance if he/she is outside of the US of adjust status to lawful permanent resident of already in the US.

"V" NON IMMIGRANT STATUS


A person may apply to a US consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 status in while in the US, if :
  • The person is lawfully married to a lawful permanet resident of the United States (V-1), or is the unmarried child (under the age of 21) of a lawful permanent resident;
  • The person has been waiting at least 3 years since the petition was filed for status as a lawful permanent resident because the petition is still pending, or has been approved,
            But an immigrant visa is not yet available;
            Or, There is a pending application to adjust stauts or application for an immigrant visa.