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IMMIGRATION LAW 

NON-IMMIGRATION VISA

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Visa conditionally authorizes a foreign citizen to enter US. Whether for business, travel, or immigration purposes, if you wish to enter US from another country, you must possess a visa.

Park & Park has years of experience when it comes to non-immigrant visa. We provide the following visa application services. 

  • E-1,2 (Treaty Trader & Treaty Investor)

  • F-1 (Student Visas)

  • H-1B (Specialty Worker)

  • L-1 (Intra-company Transferees)

  • R-1 (Religious Workers)

E-1(Treaty Traders) & E-2(Treaty Investors Visa)

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E-1 and E-2 visas are available to citizens of foreign countries that have a treaty of commerce and navigation or an investment treaty with the United States. The E-1 (“Treaty Trader”) visa is specifically designed for business owners, managers, and employees who are required to stay in the US to oversee or work for an enterprise that is engaged in trade between the US and the qualified treaty country.  The E-2 (“Treaty Investors”) visa is available to an alien who is a citizen or national of a treaty country and who wishes to enter the US to develop and direct an enterprise in which he or she has invested or is in the process of investing a substantial amount of capital. Specific criteria must be met to qualify for either visa.

Only foreign nationals from certain countries in treaty with US may apply for E-1 and E-2 visa. Click here to see the list of countries.

F-1(Students)

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A F-1 visa is available for an alien who plans to come to US to pursue full-time studies at a US educational school or institution. A F-1 visa lasts indefinitely(called 'duration of status') as long as one maintains a full-time status at the institution. However, an applicant cannot be employed by a US company outside the campus except through the Optional Practical Training(OPT) program which allows an individual to work between semesters or under certain circumstances for a maximum period of 12 months.

Remember that F-1 visa is reserved for the purpose of education. Not maintaining a permanent foreign residence abroad or displaying an intent to immigrate may jeopardize your F-1 status.

Immediate family members of F-1 student may apply for F-4 visa which lasts as long as the visa of the principal visa holder.

H-1B(Specialty Occupations)

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Any US employers can recruit a foreign professionals in specialty occupations within US for a specified period of time. Under H-1B visa, a foreign individual may legally live and work in the US for up to 6 consecutive years.(Initial 3 years + 3 years via extension)

Foreign workers must possess at least a bachelor's degree or its equivalent (this requirement can usually be met by having a 3-year degree and 3 years of relevant post-graduate experience). Occupations that qualify for H-1B visas typically require highly specialized knowledge in a field of human endeavor including, but not limited to: IT, Architecture, Engineering, Mathematics, Physical Scientific Research, Social Science, Accounting, Business, Arts, Finance, Marketing, and Telecommunication.

To hire a qualified foreign worker, the employer must file a Labor Condition Application(LCA), Form ETA 9035 or ETA 9035E, with the Department of Labor who will verify that the wage offered by the employer will not adversely affect the working conditions of similarly employed US workers.

H-1B visa becomes invalid if the employment contract is terminated, and another H-1B has to be filed if there is a change of employer. Many foreign workers apply for both H-1B visa and permanent residency because applying for one does not automatically invalidate the other. It should be also noted only 65,000 H-1B visa can be issued in an year.

Immediate family members of H-1B visa may apply for H-4 visa which lasts as long as the principal visa.

L-1(Intra-company Transferee)

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The L-1 visa is a temporary non-immigrant visa which allows companies to relocate foreign qualified employees to its U.S. subsidiary or parent company. The qualified employee must have worked for a subsidiary, parent, affiliate or branch office of the company for at least one year out of the last three years. The U.S. company must be a parent company, child company, or sister company to the foreign company.

L-1A visas are for employees of executive or managerial position. The job duties of the employee must satisfy the criteria set forth by USCIS.

L-1B visas are for professional employees with specialized knowledge.

To qualify for L-1 visa, applicants generally must prove the following:

  • A qualifying relationship exists between the foreign company and US company.

  • Both the foreign company and the US company(for extension petition only) must be doing business

  • The qualifying employee must be performing executive or managerial roles, or professional duties that warrant an individual with specialized knowledge.

  • The US company must secure a sufficient physical premise(for new petition only) and must be equipped enough to enable the employee to engage in duties that are purely considered executive, managerial, or professional.

A new L-1 petition, if approved, lasts for one-year and any extension will grant the employee two additional years for up to five years stay. L-1 visa is considered a 'dual intent' visa, and employees may apply for green card while working under L-1 visa without losing their visa status.

R-1(Religious Workers)

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R-1 visas are issued to religious workers with non-immigrant intent.
To qualify for L-1 visa, applicants generally must prove the following:

  • The Religious Organization must have a bona fide presence within US.

  • The Religious Organization must be tax-exempt under section 501(c)(3) of the IRS code.

  • The religious worker must have been a member of the same religious denomination for at least two years immediately prior to filing for the R-1 visa.

  • Must be seeking to work in a purely religious occupation or vocation.

R-1 visa is valid for 30 months with a possible 30 month extension. An individual who have stayed for the maximum allotted time must depart US for at least a year before filing another petition. Immediate family members of R-1 visa holders may apply for R-2 visa which lasts as long as the principal visa, but are not authorized to accept employment.

Extension/Renewal

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Is your visa about to expire? Park & Park LLP can help you in renewing and extending your duration of stay.

Extension/Renewal

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Is your visa about to expire? Park & Park LLP can help you in renewing and extending your duration of stay.

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* Contact us at (215) 821 - 9892 to schedule an appointment.

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