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Non-Immigrant
Visas
We help individuals secure temporary visas for work, study, or tourism, including H-1B, F-1, and B-2.
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J-1 Visa
The J-1 Exchange Visitor visa facilitates educational and cultural exchange programs overseen by the U.S. Department of State. This visa category is designed for individuals participating in programs such as students, primary and secondary school teachers, trainees undergoing on-the-job training, professors, research scholars, medical trainees, au pairs, and participants in summer work and travel (WAT) programs.
To qualify for a J-1 visa, applicants must meet the following criteria:
- The applicant must intend to stay in the U.S. for a defined period and plan to return to their home country upon completing the objectives of their exchange program.
- The applicant must demonstrate sufficient financial resources to cover their expenses while in the U.S. Alternatively, they must provide proof of funding sources that will support their stay.
- The applicant must submit substantial evidence of economic and social ties to their home country, confirming their intent to return and not immigrate.
Employment authorization varies by category under the J-1 visa. Professors and teachers can work in J-1 status for up to 3 years, while trainees are authorized to work for a maximum of 18 months. Exchange visitor students may receive authorization to participate in “academic training” for up to 18 months after completing their studies.
Certain J-1 visa programs include a 2-year foreign residency requirement. If an applicant’s program or skill set falls under this requirement, they must return to their home country for 2 years before becoming eligible for re-entry into the U.S. under another visa category or changing status within the U.S. Those wishing to bypass this requirement must apply for a waiver. Importantly, individuals who have applied for a Green Card before satisfying or waiving the 2-year requirement cannot adjust their status to Lawful Permanent Resident.
Dependents, including spouses and children under 21, may accompany the J-1 visa holder during the visa’s validity. Dependents can also seek separate work authorization through USCIS, provided their employment is not intended to support the J-1 visa holder financially. Additionally, dependents are permitted to study in the U.S. without obtaining a separate student visa.
How We Can Assist You
Itol Law Group offers guidance and support regarding J-1 visas. Our services include clarifying permissible activities under J-1 status, advising on status changes, and assisting with waivers for the 2-year foreign residency requirement.
Employment-based Non-immigrant Visas
H-1B Visa
An H-1B visa is a temporary, employment-focused visa that permits U.S. employers to recruit skilled foreign professionals for roles in specialized fields that demand advanced knowledge or technical skills.
Eligibility Requirements for H-1B Visa Application
In order to be eligible to apply for an H-1B visa, the following conditions must be present:
- The prospective applicant must possess a minimum of a 4-year university diploma from the U.S. or foreign educational institution or equivalent work experience.
- The prospective applicant must have a valid job offer from an organization in the U.S. which is parallel to the individual’s field of education. If the prospective applicant does not possess a 4-year university degree, it is possible to receive an equivalency evaluation based on a combination of education and experience.
Important to note is that the experience must be consistent with the field of education in order to be eligible for use in equivalency evaluation.
The H-1B visa is subject to a “quota system”, in which there is a limit of 85,000 H-1B visas per year, 20,000 of which are only available for U.S. master or higher degree holders. Registration for H-1B quota subject visa applications occurs in March of every year. Some institutions, such as higher educational institutions, nonprofit and governmental research organizations are not subject to the quota and can file H-1B applications at all times.
Spouses and children of H-1B holders can obtain H-4 visas. Although they can study, they are not allowed to work in the U.S. This is subject to exceptions as seen below.
When an H-4 Visa holder may be allowed to work in the US
H-4 visa holders are eligible to apply for work authorization if the H-1 visa holder either:
- Is the principal beneficiary of an approved Form I-140 or
- Has been granted H-1B status beyond the six-year limit under AC21 provisions.
How We Can Assist You
At Itol Law Group, PLLC we offer guidance and support with H-1B registration strategies, quota filings, and applications for extensions or changes of status within the U.S. Additionally, we help prepare detailed responses to complex H-1B Request for Evidence (RFE) inquiries.
O-1 Visa Overview
The O-1 visa is a nonimmigrant visa designed for individuals who demonstrate extraordinary ability or achievement in their field. This visa is available to those whose expertise or accomplishments are significantly above the average level within their profession or industry.
To qualify for an O-1 visa, applicants must prove they have sustained national or international recognition, or a record of exceptional skills and experience that distinguishes them from their peers. The specific criteria for “extraordinary ability” or “extraordinary achievement” vary depending on the profession, but generally, the individual must show outstanding accomplishments that are not typical in the field.
There are two types of O-1 visas:
- O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.
- O-1B: For individuals with extraordinary achievement in the arts, motion pictures, or television.
Duration and Renewal
An O-1 visa is initially granted for up to three years, or for the duration of the specific project or even the individual is working on, whichever is shorter. After the initial period, the visa can be extended in one-year increments as long as the individual continues to meet the requirements.
Important to note:
- Only employers and agents are authorized to file O-1 visa petitions on behalf of individuals, as self-petitioning is not permitted. Both employers and agents must also demonstrate that work opportunities are available for the O-1 beneficiary.
- O-1 visa applications typically require consultation letters from a peer group, organization, or labor/management association in the U.S. with expertise in the applicant’s area of extraordinary ability.
- Spouses and children of O-1 visa holders can accompany them under the O-3 visa category. However, O-3 dependents are not permitted to work in the U.S.
- Individuals who are essential to assisting and accompanying an O-1 visa holder as part of a specific event or performance may apply for O-2 visas.
The Challenges of Obtaining an O-1 Visa
Securing an O-1 visa can be challenging due to the stringent eligibility criteria. The process has become increasingly complex over the years, and even highly qualified applicants may find it difficult to navigate without legal assistance. Consulting with an experienced immigration attorney can help ensure that all documentation and evidence meet the required standards for approval.
How We Can Assist You
Itol Law Group, PLLC evaluates eligibility for O-1 visas. We assist with the preparation and filing of O-1 visa applications on behalf of qualified individuals through their employers or agents. Additionally, we offer guidance on permissible activities and provide support for extensions or status changes related to O-1 visas.