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Immigration Guideline

How to Avoid Common RFEs for a Change of Status Application from B1B2 to F1 (1)

Avoid Common RFEs in B-1/B-2 to F-1 Change of Status Applications

April 30, 2024

Every year, many people come to the United States with a B-1/B-2 visa (visitor visa). As they explore the country during their stay, they often become fascinated by the advanced nature of the American education system. The quality of education in the USA is undoubtedly one of the best globally, making the transition to a student visa (F-1) highly desirable for many of these nonimmigrant residents. However, one common hurdle applicants encounter during this application is receiving a Request for Further Evidence (RFE) from the USCIS. These requests often require additional documentation before a final decision can be made on the application. To help you navigate this process smoothly, we suggest that you be aware of some key points and avoid common RFEs. Lapsed I-20/Program Start Date: A properly signed and valid Form I-20 is crucial for an F-1 visa application. One of the most common reasons for receiving an RFE is a lapsed I-20 with an expired program starting date. In some rare cases, the applicant receives RFE for not properly signing the I-20 with a date.  To prevent this, always ensure you have a valid, properly signed Form I-20 with a program start date that allows you to join your intended program promptly after approval. If time is a concern, consider opting for premium processing to expedite your application and reduce the risk of an RFE due to a lapsed I-20. Ability to Pay Tuition and Living Expenses: Demonstrating sufficient funds to cover tuition fees and living expenses is a vital requirement for an F-1 visa. It’s advisable to show funds available for at least two years of study. If this isn’t feasible, demonstrating funds for one year may suffice. If necessary, sponsorship from family, relatives, or friends can be sought. Ensure all financial documents are translated into English and that balances are converted into US currency.  Maintenance of B-1/B-2 Status: The USCIS may request evidence of how you maintained your B-1/B-2 status at the time of applying for the change of status. Providing evidence like photos of tourism or business activities in the USA, along with travel tickets or certificates from conferences attended during your visit, can help satisfy this requirement. Residence Abroad: During the change of status application, you need to provide adequate evidence that you have a residence in a foreign country. This is necessary to prove that you are seeking to stay in the USA temporarily and solely to pursue studies and will leave the USA once your study ends. Documents such as a national ID card, national certificate, employment ID cards, No Objection Certificate (NOC) from your employer, photos with family members, letters from your parents, proof of property ownership or rental agreements, copies of utility bills, etc., can support your case. Explain clearly how your responsibilities in your home country will be managed during your absence to strengthen your application. Remember, RFEs can cause delays in the application process, so submitting your initial application with complete and accurate documentation is crucial. By

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Selecting the Right Person: Choosing Your Employer’s Point of Contact Wisely for EB-3 (PERM)

Selecting the Right Person: Choosing Your Employer’s Point of Contact Wisely for EB-3 (PERM)

April 23, 2024

Navigating the EB-3 (PERM) procedure for an employment-based green card in the United States can feel like embarking on a complex journey. A key part of this process is selecting the right Point of Contact (POC) within your organization. This selection stands out as a pivotal choice that can profoundly impact your application’s success. Let’s take a closer look at this crucial aspect and uncover how you can make the best choice for your EB3 journey. Understanding the Role of the Point of Contact (POC) Think of your POC as the bridge between your organization and the U.S. Department of Labor (DOL). Their role is pivotal, encompassing tasks like managing inquiries and facilitating audits from the DOL—all essential for the smooth progression of your PERM application. Who Can and Should Take on the Role of Employer POC? Your POC could be anyone within your organization who is empowered to provide necessary information and documents for the PERM application process. This could range from a dedicated representative to an employee at any level who understands the intricacies of your business and the specifics of the job opportunity. Ideally, your chosen POC should possess a comprehensive understanding of your company’s operations, policies, and key details, along with a clear grasp of the job role’s requirements, description, and qualifications. Tailoring Your Choice Based on Organization Size and Structure The most suitable POC may vary depending on the size and structure of your organization. In smaller businesses, it might be the owner or a senior manager who is deeply involved in the day-to-day operations. For larger corporations, a human resources manager or an immigration coordinator could be better equipped to handle the intricacies of the PERM procedure and the specific requirements of the job opportunity. Who Cannot Fulfill the Role of Employer POC? It’s important to note that unless an attorney or agent is a direct employee of your organization, they are not eligible to act as the POC. Similarly, the legal entity of your company itself cannot serve as the POC. Essential Information Provided by the POC When selecting your POC, ensure they can provide accurate and complete information in three key areas: their name and job title, their contact address, and their contact information, including a 10-digit phone number with extension (if applicable) and a business email address for official communication with the Department of Labor. Selecting the appropriate POC for your EB-3 (PERM) process is a decision that requires careful consideration. This individual will serve as the crucial link between your organization and the Department of Labor, handling inquiries and audits vital to the success of your application. By selecting a well-informed and authorized POC, you’re setting yourself up for a smoother and more successful application process.

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Essential Steps to Register a Business in the USA

Essential Steps to Register a Business in the USA

April 16, 2024

Establishing a business in the US requires a methodical approach. This blog details key steps for registration, from selecting structures to obtaining permits and prioritizing compliance and readiness. Navigating legal intricacies and establishing a solid base is fundamental for achieving success in the US market.  Who Can Register a Business?  The United States stands as a global business hub, attracting foreign nationals seeking to establish enterprises, from large corporations to startups. Registering a business in the US is necessary for worldwide market expansion. Any sound-minded US citizen can register a business in the USA. Additionally, non-citizens can hold various roles such as owners or directors in US companies without the need for physical presence or citizenship requirements. However, conducting business in the US typically necessitates a valid visa or authorized presence to comply with legal obligations and operate within the country’s framework. Step-by-Step Business Registration Procedure   The process of business registration in the United States unfolds in a series of steps, each essential for legal compliance and operational readiness. Here are eight easy steps for you to register your business: Step 1: Choosing the Right Business Structure At the very first you need to select the business structure in which you want to operate. Structures like sole proprietorships and partnerships offer simplicity but come with personal liability for debts. Limited Liability Companies (LLCs) or Corporations shield owners from personal obligations. Consider the pros and cons of each structure in alignment with your business goals and situation. You should also evaluate tax benefits and operational costs, especially if planning to operate in multiple locations. Step 2: Selecting a Business Name Your business name carries legal and branding significance. Registering the entity name ensures uniqueness and legal recognition, while trademarks protect against infringement. A Doing Business As (DBA) name allows operation under a different name, compliant with trademark laws. A strong brand name should convey the essence and evoke connection while being memorable and distinctive among competitors. It should also be easily accessible, protectable for trademarking, and adaptable for future growth while lending itself to visual representation through design elements. Step 3: Register with State Agencies Upon finalizing your business structure, and naming your company the subsequent step involves registering with state agencies. Specific requirements can differ based on your state and business type. Generally, this process entails submitting requisite paperwork to the state authorities and settling applicable fees. Step 4: Obtain Licenses and Permits To legally operate your business in the US, you may need specific permits and licenses based on your industry and location. Start by identifying the required licenses, then check with the relevant agency for application details, gather the necessary documents, complete the application, and pay the fee. Approval may take several weeks; once received, prominently display your license at your business location as required. Utilize resources like state offices or online guides (such as the SBA’s) to simplify the process. Step 5: Acquire a Federal Employer Identification Number (FEIN) Obtaining an FEIN from the IRS is essential

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Simplifying LoRs 101

Simplifying LoRs 101

April 12, 2024

Navigating the realm of Letters of Recommendation (LoRs) for your National Interest Waiver petition can be a bit like falling down a rabbit hole. It’s perfectly normal to feel overwhelmed – after all, LoRs can be quite the head-scratcher. But fear not, dear petitioner! From what information to include to the optimal number of LoRs; this blog is your trusty guide to demystify the seemingly daunting world of LoRs. At Raju Law, our recommended LoR count is a solid 6, but it’s not etched in stone. Your ability to deliver quality recommendations takes the spotlight, and that could mean a variation in the number – from 4 to over 8. Striking the right balance between information and quality is our aim, hence the suggestion of 6 LoRs. Among these, we propose having 3 recommenders in the “Dependent” category and the rest as “Independent”. It’s a thoughtful strategy to ensure a well-rounded perspective on your petition. You might find yourself asking what is meant by “Dependent” and “Independent” recommenders? A “Dependent” recommender occupies the role of an insider, having collaborated closely with you, be it in research endeavors or professional domains. These recommenders are adept at articulating your personal attributes, such as work ethic and leadership capabilities. Moreover, they are well-equipped to delineate your significant contributions within the workplace or research environment.  Notable examples of such recommenders include supervisors, academic advisors, and professors – individuals who possess a firsthand understanding of your professional journey. An “Independent” recommender may or may not have the pleasure of knowing you personally and have not worked alongside you in research or the professional arena. Their accolades, however, extend to praising your academic feats, the significance of your research, and more.  These letters, akin to a scholarly nod of approval, serve a distinct purpose. They highlight that your work has not only turned heads within your immediate circle but has also captured the interest of esteemed peers in your field. Picture accomplished experts in your domain acknowledging the merit of your work, even if they haven’t had the chance to share a cup of coffee with you. That’s the magic of an “Independent” recommender – adding a layer of external validation to the narrative of your accomplishments. Now, let’s decode the components that elevate a letter of recommendation to the realm of informativeness. Firstly, your recommenders should be wielding a background that aligns seamlessly with your Proposed Endeavor – think of it as assembling a team of specialists for a crucial mission. The more expertise they bring to the table, the mightier the letter becomes. Moving on, we’re diving into the recommender’s expertise, and here brevity is key. The letter should deliver a swift but impactful description of your recommender’s mastery in your field. It’s not just a title; it’s a mini proclamation that they’re the seasoned pros, armed with the knowledge and experience to vouch for your capabilities. In essence, it’s about ensuring that when they speak, their words resonate with the weight of authority

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Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

April 3, 2024

Introduction In a world where global migration is on the rise, vulnerable populations, including victims of criminal activity and human trafficking, face unique challenges in the immigration system. Recognizing the need to protect and support these individuals, the United States government has established special visas—the U visa and T visa—to bridge the gap and provide a pathway to safety and justice. As a federal, state, local, tribal or territorial law enforcement officer, prosecutor, judge, or other government official, USCIS plays an important role in the application process for U nonimmigrant status (also known as a U visa) for victims of certain crimes and T nonimmigrant status (also known as a T visa) for victims of human trafficking. Background Reason for Introducing U Visa and T Visa The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in persons, while offering protections to victims of such crimes without the immediate risk of being removed from the country. U and T visas not only help protect victims of crime, but are also key tools for you in your work. Lack of legal immigration status in the United States may be among the reasons for some victims choosing not to come forward to work with law enforcement. Perpetrators and human traffickers also use victims’ lack of legal status as leverage to exploit and control them. By stabilizing their status in the United States, immigration relief can be critical to providing victims of crime a greater sense of security that also makes it easier for them to assist you with your law enforcement and prosecutorial efforts. Understanding the U Visa The U visa, or U nonimmigrant status, was created to assist victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. This visa not only provides temporary legal status but also allows victims to rebuild their lives in the United States. USCIS may find an individual eligible for a U visa if the victim:  Is the direct or indirect victim of qualifying criminal activity  Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity Has information about the criminal activity and,  Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.  Additionally, the victim must be admissible to the United States based on a review of his or her criminal history, immigration violations, and other factors. If found inadmissible, an individual may apply for a waiver of inadmissibility for which he or she may be eligible. Key features of the U visa include: Eligibility Criteria: To qualify for a U visa, individuals must be victim of qualifying criminal activity, have suffered substantial physical or mental abuse as a result, and

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 3)

March 19, 2024

Read part two here Required Documents The domestic employee must present these documents during their visa interview: Standard U.S. visa application documents – see ‘Required Documents’. The employer’s valid visa or employer’s valid U.S. passport – The original or a copy. Employment contract – Both parties must sign the typed contract. It must show that the employer will provide wages, working conditions, and benefits in accordance with U.S. and local laws. Note: The employee should fully understand and be able to explain the terms of the contract during their visa interview. How to Apply Step 1 Complete the Nonimmigrant Visa Electronic Application (DS-160) form. Step 2 Pay the visa application fee. Step 3 Schedule your appointment on this web page. You will need the following information in order to schedule your appointment: Your passport number The receipt number from your Visa Fee receipt. (Click here if you need help finding this number.) The ten (10) digit barcode number from your DS-160 confirmation page Step 4 Visit the U.S. Embassy on the date and time of your visa interview. You must bring a printed copy of your appointment letter, your DS-160 confirmation page, one photograph taken within the last six months, your current and all old passports, and the original visa fee payment receipt. Applications without all of these items will not be accepted. Fees: Visa Type Description Fee Amount (USD) B Business/Tourist $185 Timeline: A B-1 visa can grant a domestic worker admission into the United States for about 1 year. You can make subsequent extension requests that are typically awarded in 6-month increments. Even with a B-1 visa, domestic workers can only work in the U.S after receiving an EAD (Employment Authorization Document), obtained from the USCIS (the United States Citizenship & Immigration Services). Whether you are applying for a B-1 visa, an EAD, or a B-1 extension, Attorney Raju Mahajan and Associates can lend a hand. Attorney Raju Mahajan and Associates has a comprehensive understanding of the laws in place. We can help you gain admission into the country, obtain the necessary work permits, and even receive continued work authorization in the United States. The secret to enjoying your plans’ smooth flow is to begin each process a few months ahead of time. Read part one here

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 2)

March 12, 2024

Read part one here Required Documents: Application Items To apply for a B-1, A-3 or G-5 visa, you must submit the following: A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160. A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application. One (1) 2″x2″ (5cm x 5cm) photograph taken within the last six months. This web page has information about the required photo format. For B-1 applicants only: A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State’s website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is. A copy of your employer’s visa or other method they will use to enter the United States (their Visa Waiver country passport or U.S. passport) An employment contract, signed by both you and your employer, which meets all requirements listed above For A-3 and G-5 applicants only: A Note Verbale confirming the employment status of the principal, the date of departure, the purpose of the trip and the length of stay in the United States. The Note Verbale should list the name of the employee and give the employer’s title or official status. It should also specify the date of departure, and the purpose of the trip and length of stay in the United States. A-3 and G-5 applicants are not required to pay application fees. In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service.. You may also bring whatever supporting documents you believe support the information provided to the consular officer. Supporting Documents Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional,  social, cultural, and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law. Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the U.S. Embassy in a sealed envelope. The U.S. Embassy will not make your information available to anyone and will respect the confidentiality of your information. You should bring the following documents to your interview: Proof of your employer’s ability to pay the promised wage. Note: If you are applying for an A-3 or G-5

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 1)

March 6, 2024

Domestic employees applying for visas to accompany, or follow to join, their employer must meet specific criteria. This includes cooks, butlers, chauffeurs, housekeepers, nannies, aretakers, gardeners, and paid companions, among others. Personal or domestic servants who are accompanying or following an employer to the United States may be eligible for B-1 visas. This category of domestic employees includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, mothers’ helpers, gardeners, and paid companions. Those accompanying or following to join an employer who is a foreign diplomat or government official may be eligible for an A-3 or G-5 visa, depending upon their employer’s visa status. Eligibility/ Qualifications If you are a domestic employee and wish to apply for a B-1 visa, you must demonstrate that: The purpose of your trip is to enter the United States for work as a domestic employee You plan to remain in the United States for a specific, limited period of time Your employer meets certain qualifications You have evidence of compelling social and economic ties abroad You have a residence outside the United States as well as other binding ties that will ensure you return abroad at the end of your contract. ELIGIBILITY Employers eligible to sponsor a B1 domestic employee include nonimmigrant visa (NIV) holders and U.S. citizens visiting the United States temporarily. Foreign diplomats or officials can sponsor a domestic employee for an official visa (A3 or G5). Lawful permanent residents (green card holders) and U.S. citizens who live in the United States cannot sponsor a B1 domestic employee. See below eligibility requirements: The employer is a nonimmigrant visa (NIV) holder For B1 domestic employee visa eligibility: The employer must have a valid nonimmigrant visa (except visa types C, D, T, or U or an official visa). The domestic employee must have a residence outside of the United States which they have no intent to abandon. The domestic employee must have at least one year of experience as a domestic employee. The domestic employee must have been employed by this employer for at least one year prior to the travel date (if accompanying the employer), or one year prior to the employer’s admission to the United States (if following to join.) or; The employer must have a history of employing domestic help over several years. The employer has an official visa Employers with a valid A, G, or C3 visas may apply for a visa for their domestic employees by following the official visas process. Accompanying a Nonimmigrant Visa Holder If you are a domestic employee and wish to accompany or join an employer who is not a U.S. citizen or legal permanent resident, and who seeks admission to, or who is already in, the United States under a B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant visa then you may be eligible for a B-1 visa classification, provided: You have at least one year’s experience as a personal or domestic employee as attested

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USCIS Increases Form I-907 (Premium Processing Service) Fees

USCIS Increases Form I-907 (Premium Processing Service) Fees

February 26, 2024

The U.S. Citizenship and Immigration Services (USCIS) has increased the fees for Form I-907, Request for Premium Processing Service, effective from February 26, 2024. This government agency announced a final rule on December 28, 2023, that it would increase the filing fees for Form I-907, Request for Premium Processing, to adjust for inflation, effective February 26, 2024. After leaving these fees unchanged for the three years following the passage of the USCIS Stabilization Act, the Department of Homeland Security (DHS) is now increasing the premium processing fees for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index (CPI) for All Urban Consumers. These adjustments increase certain available premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. Generally, the DHS authority adjusts the premium processing fees biennially. The DHS will utilize the revenue generated by the premium processing fee increase for several purposes: providing premium processing services, enhancing adjudication processes, addressing adjudication demands (such as reducing backlogs in benefit request processing), and funding USCIS adjudication and naturalization services. If any Form I-907 postmarked on or after February 26, 2024, is filed with an incorrect or previous filing fee, the USCIS will reject the Form I-907 and return the filing fee. For applications sent via commercial services such as UPS, FedEx, or DHL, please note that the postmark date will be the date specified on the courier receipt. Therefore, you must be careful when sending your packages to ensure they include the updated fees. For a detailed breakdown of the fee increase, please see the table below. The following table outlines the adjusted fees for Form I-907 for different forms: Form Previous Fee New Fee Form I-129, Petition for a Nonimmigrant Worker $1,500 (H-2B or R-1 nonimmigrant status)   $2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) $1,685 (H-2B or R-1 nonimmigrant status)   $2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) Form I-140, Immigrant Petition for Alien Worker $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) Form I-539, Application to Extend/Change Nonimmigrant Status $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) Form I-765, Application for Employment Authorization $1,500 (Certain F-1 students with categories C03A, C03B, C03C) $1,685 (Certain F-1 students  with categories C03A, C03B, C03C)   This fee adjustment reflects the ongoing efforts of the USCIS to ensure effective and efficient processing of immigration requests and to address the changing needs and demands within the

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B1 B2 Visa for Athlete, Amateyr or Professional competing for prize money only

B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only) Part – 2

February 14, 2024

Read part one here Required/ Supporting Documents Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law. Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. The U.S. Embassy or Consulate will not make this information available to anyone and will respect the confidentiality of the information. You should bring the following documents to your interview. Original documents are always preferred over photocopies and you must bring these documents with you to the interview. Ensure that you do not bring any documents in a sealed envelope to the Embassy for your interview. Do not fax, email, or mail any supporting documents to the U.S. Embassy or Consulate. Current proof of income, tax payments, property or business ownership, or assets. Your travel itinerary and/or other explanation about your planned trip. A letter from your employer detailing your position, salary, how long you have been employed, any authorized vacation, and the business purpose, if any, of your U.S. trip. Criminal/court records pertaining to any arrest or conviction anywhere, even if you completed your sentence or were later pardoned. Additionally, based on your purpose of travel, you should consider bringing the following:  Working adults Bring an employment letter from your employer and pay slips from the most recent three months. Previous visitors to the United States If you were previously in the United States, any documents attesting to your immigration or visa status.  Application Items If you apply for a business/tourist visa, you must submit the following: A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160. A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application and possess their own valid passport. One (1) 2” x 2” (5cm x 5cm) photograph taken within the last six months. This web page has information about the required photo format. A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State’s website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is. In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service. You may also bring

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B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only)

B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only) Part – 1

February 7, 2024

Introduction Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. But they often-times find themselves out of their league when it comes time to apply for a US visa. The key to winning the U.S. immigration game lies in working with a dream team of US visa options for Athletes- the B, H, O, and P visa categories. Here, we present a brief overview of the US visa options for Athletes.  The B-1 Visa for Athletes The B-1 Business Visitor Visa allows for “business-related” travel to the U.S. Generally, an individual is permitted to enter the US as a B-1 Business Visitor if their visit will include business activities that are professional or commercial purposes. Examples include contract negotiations, participation in scientific, educational, professional or business conventions, conferences or seminars or participating in short-term training. A visitor on the B-1 visa is generally permitted to stay in the U.S. for up to six months and may not engage in productive labor or employment in the United States. There are 3 classes of foreign national athletes that can enter the U.S. using the B-1 Visa for athletes—individual professional athletes, athletes or team members who are a part of a foreign based team and amateur hockey player. Individual Professional Athletes who will not receive any salary, except prize money, can come to the US on the B-1 Visa to participate in a sporting event or competition. Athletes or team members of a foreign-based team can come to the US on the B-1 visa provided: the athlete and the team are principally based in a foreign country; the foreign team and players’ income and salaries are principally earned in the foreign country; and the foreign-based sports team is part of an international league or the actual sporting events are international in nature. Amateur Hockey Players may come to the U.S. on the B-1 visa if they are coming to the U.S. for try-outs during the professional season or during playoffs. The hockey player needs to be able to present a “memorandum of agreement” between himself and the National Hockey League. The US team can only play for round-trip airfare, room, board and transportation.  The B-2 Visa for Athletes The B-2 Visitor Visa allows for travel to the U.S. for “pleasure”. Generally, an individual is permitted to enter the US as a B-2 Visitor if their trip will include visiting family, relatives, friends, or acquaintances, or for traveling throughout the United States. A visitor on the B-2 visa is generally permitted to stay in the U.S. for up to six months and may not engage in productive labor or employment in the United States. Amateur athletes are permitted to enter the U.S. on a B-2 visa if they are coming to the U.S. to participate in a competition or for a social or charitable event. Amateur athletes are by definition not members of any of the professions associated with that activity and

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International Cultural Exchange Visitor (Q-1)

International Cultural Exchange Visitor (Q-1)

January 31, 2024

Introduction The Q1 visa is designed for international cultural exchange visitors in the USA, allowing them to work while sharing their culture and traditions. During their stay, Q1 visa holders participate in practical training programs provided by their US employers, enhancing their skills, learning about US culture, and educating Americans about their own cultural background. This visa program promotes cultural diversity and information exchange between the US and other countries. It’s important not to confuse the Q1 visa with the Q-2 Walsh Program Visas, which are specifically for 4,000 residents of the Republic of Ireland and Northern Ireland, allowing them to spend 36 months in the US for training and work purposes. Q Visa Statute The statute governing Q1 visas can be located in section 101(a)(15)(Q) of the Immigration and Nationality Act (INA). In accordance with this statute, the Q1 visa category is designated for foreign nationals who intend to temporarily stay in the United States, for a duration not exceeding 15 months, as participants in an international cultural exchange program approved by the Secretary of Homeland Security. The program must encompass practical training, employment, and the sharing of the cultural heritage, history, and traditions of the individual’s home country. The law mandates that Q1 nonimmigrants are entitled to the same wages and working conditions as domestic workers. Like many other nonimmigrant categories, Q1 visa applicants must maintain a foreign residence and show no intention of abandoning it, demonstrating a commitment to nonimmigrant status. Q Visa Regulations The regulations regarding Q visas are found in 8 C.F.R. 214.2(q). These regulations constitute the rules regarding the Q1 visa program based on the statute found in section 101(a)(15)(Q) of the INA. Dual Purpose of Form I-129 in Q1 Petitions When filing the Form I-129, Petition for a Nonimmigrant Worker, the employer must demonstrate both that it maintains an international cultural exchange program that qualifies for Q1 purposes, and that the petition beneficiary is eligible for Q1 status. Under 8 C.F.R. 214.2(q)(3)(i), the United States Citizenship and Immigration Services (USCIS) will only consider the beneficiary’s eligibility for Q1 status if the international cultural exchange program is approved. Requirements The Q1 visa has requirements and eligibility criteria for both the participant in the exchange program and their sponsor or employer. If both you and your sponsor meet these conditions, then you can apply for the Q1 visa. To be eligible as a participant for the Q1 visa, you must fulfill these criteria: Be at least 18 years old. Be knowledgeable and skilled enough to be able to communicate the cultural aspects of your home country. Demonstrate that after you complete your Q1 program, you will return to your home country. As for the sponsor or employer of the Q1 visa holder, they must meet these conditions: Be a registered business in the US Have an international cultural exchange program in their business. Employ international cultural exchange participants to share their culture. Has a person who acts as a liaison between the business and USCIS.

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