temporary visa topics
immigrant visa topics
other visa topics
london visa processing
paris visa processing
tokyo visa processing
seoul visa processing
recent changes
faqs
links
Law Offices of
Richard S. Goldstein
New York
145 West 57th Street
16th Floor, New York
New York 10019
tel: 212-957-0500
fax: 212-957-2020
London
96A Mount Street
First Floor
Mayfair
London W1K 2TB
tel: 020-7499-8200
fax: 020-7499-8300
frequently asked questions
U.S. Immigration & Visa Processing
What is a visa?
A visa is written permission of the Department of State, stamped in your passport, normally issued by an authorized consular official at an American Consulate abroad, for an alien to apply for admission to the United States at an airport, preflight inspection post, or border crossing point in the United States. Having a visa, in many cases, is an essential step in coming to the U.S. But, it is not a guarantee that the Immigration Service Officer will allow you to enter. That is a decision that U.S. Customs and Border Protection (CBP) must make independent of the State Department.
Does my visa have to remain valid while I am in the U.S.?
No. Your visa must be valid at the moment that you enter into the U.S. After that it may expire without consequence to your stay, provided that your I-94, the admission card given to you by an Immigration Officer, remains unexpired.
If I have a "Green Card" do I need a visa?
No. A "Green Card" identifies somebody who was previously admitted as a lawful permanent resident, if it is presented by an alien, returning to the United States from a temporary visit abroad (one with a relatively fixed end point), to an unabandoned residence in the United States, within one year from exit. Whether an individual has abandoned his/her residence in the U.S. is a question of that person's intent and is determined by the facts of the individual case, even though the alien has been out of the United States for less than a year. The burden of proving abandonment is on the Immigration Service.
If I come to the United States on the Visa Waiver Pilot Program, can I be employed?
Visitors may not accept gainful employment in the United States. A business visitor (B-1) may consult, confer, negotiate and perform other similar tasks for his/her foreign employer, but may not undertake employment or receive wages in the U.S.
If I have an H-1B visa for Company A, can I also work for Company B?
Yes, you are NOT limited only to one employer. However, each employer must file and have approved by U.S. Citizenship and Immigration Services (USCIS) an H-1B petition on your behalf before you may start working for that employer. You may have multiple petitions in force for you at the same time. And, no matter how many petitions exist, your six-year maximum stay is measured by how many days you are in the U.S. in H-1 status. Each day, no matter how many lawful employers you work for, is counted as only one day against the six-year cap.
If I have an H-1B visa, and wish to change employers, what must happen?
The new employer must obtain an approved petition on your behalf, and your status in the U.S. must be amended, before you may begin work. Even though your visa may be annotated with the name of your former employer, you may lawfully enter using that visa in order to work for the new employer. When you enter, an Immigration Officer will likely want to see, at a minimum, a copy of the petition approval obtained by the new employer. We usually advise that you have your passport visa amended to include the new employer's name simply to avoid any delays at the border or airport.
If I hold an E-2 Treaty Investor visa and entry, and my employer corporation is sold to an enterprise of a different nationality than mine, is my Treaty Investor visa and stay still valid?
No. While careful consideration should be given to the actual facts, generally when the employer loses its nationality because it becomes owned by a majority of ultimate owners of a different country, your right to a treaty visa ceases. Thus if you are from England, and your U.K. employer is bought by a Danish-owned business, you lose the right to be a treaty investor employee.
If I am scheduled to be interviewed at a Consulate regarding my visa application, may I be accompanied by my attorney?
This decision is made by the individual Consulate and/or consular officer involved. In recent years the privilege to be accompanied by your attorney at an interview has been stringently curtailed. In many locations, attorneys are not even allowed to enter the Consulate with you. However, active representative is still permitted and conducted effectively through other means of communication; by telephone, fax, e-mail, and/or letter; often both before and after your visa application is considered.
What U.S. taxes must I pay?
This is among the most complicated questions you may ask. The answer depends upon your intended status in the U.S., how long you are and have been present in America, whether there exists a tax treaty between your country and the U.S., and upon significant number of other facts and determinations that are too numerous to mention here. We strongly advise in cases that have significant tax implications that the individual seek competent, experienced tax counsel.
If I enter the U.S. on the Visa Waiver Pilot Program, can I change or extend my status without leaving?
No, except in the case where you decide after you enter to marry a U.S. citizen. Then, providing you did not intend to remain in the U.S. when you entered, you may apply for Adjustment of Status to that of Lawful Permanent Resident despite the nature of your entry.
If I am offered a professional position in the U.S. but I do not have a formal university degree, can I still be approved for H-1B status?
Yes. Your education can be evaluated by a professional credentials evaluator who may find that you have the academic equivalent to a U.S. degree in your field. Too, the combination of your education and your experience may be evaluated and found to equate favorably to such a degree.
What are some important characteristics to have if I wish to study at an American university?
While we cannot provide an exhaustive list, a Consul will look at whether it is likely that you will return to your country when you finish your studies, and whether you will need to work (unlawfully) during the time you are in the U.S. Financial backing from somebody who has a rational reason to support you through school is something to be considered. A distant family friend's promise to put you through college may not be given as much weight as would a bank account in your own name with a substantial balance accumulated over a period of time. Consuls are frequently impressed by strong academic results during your previous education, a solid and understandable reason why you want to study at the particular school you've picked, how much you know about your job opportunities when you return to your home country (or any reliable job offer you may have upon your return). If you have family members who have previously come to the United States, permanently or temporarily, their immigration histories will probably be counted for or against your application. When an applicant has been out of school for a considerable amount of time, a strong reason could be needed to explain why that person wants to give up whatever life he or she has established and return to the academic world in the United States.
[HOME] [top of page]