Strategic and Aggressive Criminal Defense And Immigration Representation

Understanding Non-Immigrant and Immigrant Visas

There are many different types of visas that may relate to wanting to live in this country. To help you get the information you need about visas, we want to provide you with a basic overview of the types of visas and how they work.

Basic Visa Information

There are two different kinds of visas, non-immigrant and immigrant visas. A non-immigrant visa is one that a foreign national will apply for in order to come to the U.S. for a temporary period of time for business, school, or vacation purposes among others.

An immigrant visa is one that an individual will apply for in order to become a lawful permanent resident and obtain a green card. If you are approved then you will receive an immigration package that you will present to an official at any port of entry into the United States. If you are deemed admissible then you will be free to enter the United States as a permanent resident.

If you are looking to come to the U.S. for any reason then it is important for you to seek legal assistance in order to obtain the correct visa.

Types of Non-immigrant Visas

Several non-immigrant visa categories serve specific temporary purposes for individuals seeking to enter the United States for limited periods. These include:

B-1/B-2 visas: For business visitors and tourists staying for short periods
F-1 visas: For academic students enrolled in U.S. colleges and universities
H-1B visas: For professionals in specialty occupations requiring specialized knowledge
J-1 visas: For exchange visitors participating in programs that promote cultural exchange
L-1 visas: For intracompany transferees who work in managerial positions or have specialized knowledge
O-1 visas: For individuals with extraordinary ability in sciences, arts, education, business or athletics

Understanding the appropriate non-immigrant visa category for your specific situation is essential for a successful application and legal entry into the United States for temporary purposes.

Types of Immigrant Visas

Immigrant visas fall into several distinct categories based on the applicant’s relationship to U.S. citizens or permanent residents, employment qualifications or other special circumstances.

Family-sponsored visas: For immediate relatives of U.S. citizens and other eligible family members
Employment-based visas: For workers with valuable skills, including those with extraordinary abilities
Diversity visa program: Available through a lottery for individuals from countries with historically low rates of immigration to the U.S.
Special immigrant visas: For specific groups including religious workers and certain Afghan or Iraqi nationals

Each immigrant visa category has specific eligibility requirements and application procedures that must be carefully followed to increase the likelihood of approval.

Employment-Based Visas

If you are a foreign national seeking employment in the United States, you may benefit from understanding the various visa options you have. Employment and treaty visas can have subtle differences depending on your specific situation. A knowledgeable attorney can help you understand the significance of the different categories.

E-1 nonimmigrant classification allows temporary citizenship solely to engage in international trade on their own behalf.
E-2 nonimmigrant classification allows for citizenship when investing a substantial amount of capital in a U.S. business.
EB-1 visas are for priority workers, including people like those with extraordinary abilities, outstanding professors and researchers, and multinational managers.
EB-2 visas are for workers who hold advanced degrees (beyond bachelor’s), and those of exceptional ability.
EB-3 visas are for skilled workers (those whose job requires at least two years of training), professionals (job requires a degree) and unskilled workers.
EB-4 visas are reserved for certain special immigrants. There are many subcategories that fall under this preference; some may include broadcasters, religious ministers and others.
EB-5 visas are for immigrant investors. Those who wish to qualify for this visa must meet specific requirements about how much to invest and how many jobs the investment will create.

Treaty Visa Guidance

We are knowledgeable about all categories of employment visas with “E” supplements involving treaty trader nations. We help secure E1 trader visas requiring:

Applicants must be nationals of treaty countries entering for trade purposes
Foreign applicants must be executive, management or highly specialized employees
The treaty nation’s key staff must be setting a U.S. division or affiliate
Principal trade must be between the U.S. and a treaty country
Trade must involve a sizable, ongoing volume
Title for exchanged items (technology, money, services) must pass between parties

We handle all requirements, including valid passports, related documentation and additional visas for a spouse or child.

We also assist clients with overcoming the complexities involved when applying for E2 employment visas for investors meeting the following requirements:

An investor applicant must be a treaty country national
The investment must be an actual U.S. business enterprise
The U.S. investment must be substantial
A foreign investor must be here to grow the business, or a qualifying executive, management or a specialist
Investors must maintain control over investment funds

For investors, we can also help them through the complexities of their visa needs.

Navigating EB-5 Visas

Applicants must invest $1 million (or only $500,000 in some targeted employment areas) in a U.S. business. Investors can establish a U.S. business or invest in a struggling U.S. business as long as they create full-time employment for at least 10 U.S. workers. Once the application is approved, the applicant is granted conditional permanent residency for a period of two years.

Toward the end of the two-year period, the investor may file an application to convert the conditional residency to permanent status. The investor must show documentation that the terms of the visa have been met – 10 jobs have been maintained or created for U.S. workers within the allowed time frame.

EB-5 Regional Center Investment

Regional centers can invest in a wide range of local organizations and businesses, including health care facilities, manufacturing plants, shopping centers and office development. The process of regional center investment tends to be less challenging than the standard treaty investor process. There tend to be fewer obstacles and less of a time commitment. A skilled attorney can answer complex questions and explain how the EB-5 regional center investment process can work in your situation.

Regional center investment benefits can include lower investment levels, flexible job creation measures and less day-to-day business involvement. These benefits can be attractive to busy international investors. Do not hesitate to contact our office to learn more about your options for regional center investment.

Family-Based Immigration Visas

This process involves sponsoring your spouse or loved one to come to the United States. You will be required to prove that you have enough income and assets to support them. The U.S. Citizenship and Immigration Services must first approve your immigrant visa petition, and then you must prove that you have the necessary income to support your loved one. If both of these processes are successful then your loved one may be able to apply for an immigrant visa and continue the process to becoming a lawful permanent resident.

Green Cards Vs. Immigrant Visas

While often used interchangeably, an immigrant visa and a green card are not identical. An immigrant visa allows a foreign national to travel to and enter the United States as a permanent resident. Upon entry, the immigrant visa holder receives a green card – physical documentation of their lawful permanent resident status.

Application Process

The general visa application process includes several key phases that applicants must complete.

Documentation gathering: Collect required documents including valid passports, application forms, photographs, civil documents like birth certificates, financial evidence and supporting documents specific to your visa category
Filing procedures: Submit completed forms and supporting documentation to the appropriate office, which varies depending on visa type
Fee payment: Pay all required application and processing fees, which differ based on visa category
Biometrics appointment: Provide fingerprints and photographs at a designated location for background checks
Interview preparation: Prepare for a consular interview

After submission, processing times vary depending on visa type, application volume and administrative processing requirements.

Qualified Cleveland Immigration Attorney

At Bartell, Georgalas & Juarez, L.P.A. Co., we offer skilled and experienced legal assistance to those who are facing various immigration issues. We have significant experience in difficult cases, and we do not shy away from the most challenging case.

We serve a multitude of cities throughout Ohio, including Cincinnati, Cleveland, Columbus and more. Additionally, we will travel to help those in other states throughout the U.S., including Florida, California, North Carolina and even other countries around the globe. Call us at 216-777-4181 or email us here to learn more!