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Non-Immigrant visas

Non-immigrant visas covered from a wide range of scope. Whether individuals’ motivations for temporarily staying in the United States are for leisure, pursing education, career-oriented or marriage/family uniting, choosing the right visas to apply not only saves time, but can guarantee higher chances of success.

The main difference between non-immigrant visas and immigrant visas are that non-immigrant visas usually limited the applicants with a specific period of time to stay in the U.S. The time can range from a few weeks to several years, depending on the types of visas; also, applicants for each specific non-immigrant visa petition are strictly allowed to come to the U.S. “only” for reasons that the visas specified. For instance, no student visa (F-1) individuals can deviate from the duty of being a full-time student rather than engaging in work. Due to the fact that this is a Non-immigrant visa, usually applicants’ intention to come to the U.S. plays an important role for the final approval decision.

Although a few work visas may change the status to permanent residency (green card), most non-immigrant visas petitioners must show no intention to remain in the U.S. after the termination of their legal stay. Usually, petitioners’ dependent spouses and minor children will be given derivative visas according to the granted visas applied. Start your research today by clicking the appropriate categories on the left and have our professionals guide you according to your concerns.

Exchange visitors for training or internship (J visa)

J-1 visa (exchange visitors) is for individuals who are coming to the U.S. with intention to participate in government approved programs for the purpose of teaching, instructing, lecturing or receiving training, etc. Usually, J-1 nonimmigrant visa holders are sponsored by exchange programs designated by the U.S. Department of State. The exchange visitors may include: professors or scholars, trainees, teachers or specialists, etc. The period of stay for J-1 visa may vary with 18 months of stay for trainees or 12 months of stay for interns.

Jian Law Group strongly advise our clients to be aware of the “two-year home-country physical presence requirement,” or also known as “foreign residence requirement,” which is when individuals agree to participate in the visitors exchange program at the interview with the U.S. consulate. Because the government sponsored exchange programs are either funded by the U.S. government agency or individual home country’s government, returning to their home countries for at least two “cumulative” years is required under the U.S. law.

Note that two cumulative years does not mean individuals cannot travel to the U.S. Until the two-year home-country physical presence requirement is met, individuals are not able to “change status” (to H-1B, L-1 or K non-immigrant visas) or “adjust status” (to immigrant visas). Jian Law Group understands this may raise individual concerns and we have successfully helped clients by requesting “waivers” from USCIS to avoid the request to relocate home and stay for the two “cumulative” years.

J-1 visa holders’ dependent will receive J-2 status. Both the spouses and the children under age of 21 are eligible to apply for employment authorization and that children are also given the opportunity to attend public educational institutions but certain restrictions may apply. For more information regarding the “waivers” program or other inquiries please contact Jian Law group for a prompt reply.

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