Visas

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Call us today at (818) 238-9444, so that we can answer your questions, provide initial consultation on your immigration matter, assess how we can help you or can point you in the right direction as you take on this important and life-changing pursuit.

Rebecca I. Pathak

  3500 W Olive Ave 3rd Fl Burbank, CA 91505
  818.238.9444
  ripathak@pathaklaw.com

Visas

We have extensive experience helping our clients obtain visas of all types – whether for family, business, education, or exploration purposes.

The types of visas required for extended travel, studies, employment, or residence in the U.S. are numerous. They include:

10 Steps to Obtaining a K-1 Visa for your Fiancée: Understanding the Process of Securing a K-1 Visa at a U.S. Embassy Abroad

To apply for a K-1 visa, you will need to file Form, I-129F, Petition for Alien Fiancée with the United States Citizenship and Immigration Services (“USCIS”). As of December 23, 2016, USCIS is increasing the I-129F filing fee to $535.00. Below you will find a general description of the K-1 application process.

Before you apply, be sure you meet the eligibility requirements. You can use the Optional Checklist for Form I-129F to help you prepare.

General Steps in the K-1 Visa Process

            Step 1: Complete the Required Forms

            Step 2: Prepare Supporting Documents

            Step 3: I-129F Approval and Transfer of File to a U.S. Embassy Abroad

            Step 4: Affidavit of Support

            Step 5: Interview at U.S. Embassy Abroad

            Step 6: Marriage in the United States Within Time Allotted

            Step 7: Adjustment of Status, Naturalization and Beyond

  • E-2 Visas– Nonimmigrant Visas for Treaty Investors

10 Steps to Obtaining an E-2 Treaty Investor Visa: Understanding the Process of Securing an E-2 Visa at a U.S. Embassy Abroad

To apply for an E-2 visa, you first must determine whether your country of nationality is included on the United States Department of State Visa Reciprocity table. Once you have analyzed the Country Reciprocity table to determine whether your country appears on the list, you will also be able to determine the number of months available for visa issuance from your country and the cost. For example, South Korea appears on the Country Reciprocity table and nationals from this country are entitled to E-2 multiple entry visas for sixty (60) month increments with no additional visa fees, learn more information about E-2 South Korea treaty investors.

Most E-2 visa applicants require approval of an I-129, Petition for Alien Worker from the United States Citizenship and Immigration Service (“USCIS”) prior to application for a visa at the United States Embassy abroad. Nationals from some countries, Canada for instance, do not require petition approval in advance of admission to the United States in E-2 visa classification.

As of December 23, 2016, USCIS is increasing the I-129 petition filing fee to $460.00. In addition to completing and submitting the I-129 Petition, you must also submit the E-1/E-2 Classification Supplement to Form I-129. If you seek to utilize the Premium Processing service, then Form I-907, Request for Premium Processing Service must also be included.

Once you have completed the I-129 Petition process and your E-2 classification petition is approved, you can begin the non-immigrant visa process at the United States Embassy in your home country, unless you are in the United States in another non-immigrant classification, in which case you will apply for a Change of Status on the I-129 Petition.

Below you will find a general description of the E-2 application process.

General Steps in the E-2 Visa Process

  • Step 1: Complete the Required Forms 
  • Step 2: Prepare Supporting Documents
  • Step 3: I-129 Approval and Wire Notification of Approval to a U.S. Embassy Abroad
  • Step 4: Complete Form DS-160, Online Nonimmigrant Visa Application and schedule non-immigrant visa interview
  • Step 5: E-2 interview at U.S. Embassy Abroad
  • Step 6: Entry to the United States in E-2 visa classification for the time period allotted
  • O-1 Visas – Nonimmigrant Visas for Extraordinary Ability

 

10 Steps to Obtaining an O-1 Visa: Understanding the Process of Securing an O-1 Visa at a U.S. Embassy Abroad

To apply for an O-1 visa, you will need to file Form, I-129, Petition for a Nonimmigrant Worker with the United States Citizenship and Immigration Services (“USCIS”). As of December 23, 2016, USCIS is increasing the I-129 petition filing fee to $460.00. In addition to completing and submitting the I-129 Petition, you must also submit the O and P Classifications Supplement to Form I-129. If you seek to utilize the Premium Processing service, then Form I-907, Request for Premium Processing Service must also be included.

Before you apply, be sure you meet the eligibility requirements. O-1 visa classification requires extraordinary ability — which is a demonstrated and sustained level of achievement above the average.

General Steps in the O-1 Visa Process

  • Step 1: Complete the Required Forms
  • Step 2: Prepare Supporting Documents
  • Step 3: I-129 Approval and Wire Notification of Approval to a U.S. Embassy Abroad
  • Step 4: Complete Form DS-160, Online Nonimmigrant Visa Application and schedule non-immigrant visa interview
  • Step 5: O-1 interview at U.S. Embassy Abroad
  • Step 6: Entry to the United States in O-1 visa classification for the time period allotted

10 Steps to Obtaining an H-1B Visa: Understanding the Process of Securing an H-1B Visa at a U.S. Embassy Abroad

To successfully secure an H-1B visa, you first must understand the timing requirements involved in this coveted non-immigrant visa classification. Each year USCIS accepts completed H-1B petitions on April 1st for an October 1st start date. The United States Congress establishes the number of H-1B “regular cap” visas that are allotted during the fiscal year commencing each October. During the most recent fiscal year, for instance, Congress established 65,000 visas for the H-1B Regular Cap and 20,000 visas under the Master’s Exemption cap. It is important to note that nationals from Chile and Singapore are permitted additional H-1B visas under a special cap. Here is an optional H-1B checklist to help you organize the forms and supporting documents required for H-1B visa classification.

In order to qualify for H-1B visa classification, you must have the equivalent of a United States Bachelor’s Degree and you must be offered a “Specialty Occupation” position by a U.S. employer. It will be necessary for you to request an official degree evaluation by a licensed evaluation company to determine the equivalence of your international degree. Once the equivalence of your degree is confirmed, the employer must obtain a certified Labor Condition Application (“LCA”) from the United States Department of Labor. Receive more information regarding the Labor Condition Application process.

After obtaining a certified LCA, the next step in the H-1B process is to file Form, I-129, Petition for a Nonimmigrant Worker with the United States Citizenship and Immigration Services (“USCIS”). As of December 23, 2016, USCIS is increasing the I-129 petition filing fee to $460.00. In addition to completing and submitting the I-129 Petition, the employer must also submit the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement to Form I-129. The additional fees your employer must submit to USCIS will depend upon many factors, but may include an additional Fraud Protection and Detection Fee of $500.00 and either $750.00 or $1,500.00 American Competitiveness and Workforce Improvement Act (“ACWIA”) Fee, depending upon the number of employees working for the petitioning employer. If your employer seeks to utilize the Premium Processing service, then Form I-907, Request for Premium Processing Service must also be included.

Before you apply, be sure you meet the eligibility requirements. H-1B visa classification requires multiple levels of complex actions and requires the support of a petitioning employer. Here is an Optional Checklist for Form I-129 H-1B Filings.

General Steps in the H-1B Visa Process

  • Step 1: Complete the Required Forms
  • Step 2: Prepare Supporting Documents
  • Step 3: I-129 Approval and Wire Notification of Approval to a U.S. Embassy Abroad
  • Step 4: Complete Form DS-160, Online Nonimmigrant Visa Application and schedule non-immigrant visa interview
  • Step 5: H-1B interview at U.S. Embassy Abroad
  • Step 6: Entry to the United States in H-1B visa classification for the time period allotted