E Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Current Immigration/Visa Options for Entrepreneurs

Authored on: Thu, 10/12/2017 - 08:31

Question

What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

Answer

Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Authored on: Wed, 03/11/2015 - 07:39

Question

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>

1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

E-3 dual intent

Authored on: Thu, 02/10/2011 - 03:29

Question

I am married to a permanent resident of America, and have filed for a spouse visa (I130) in Sept 2010. Is it possible for me to apply for the E-3 visa with the spouse visa being processed, or does it demonstrate dual intent?

Answer

E-3 is not a clear dual intent visa. BUT, govt. tends to lean in the direction that they will permit dual intent as long as you clearly intend to leave if not permitted by law. My suggestion would be to avoid testing the E-3 limits in our current environment.

E-2 visa

Authored on: Wed, 02/02/2011 - 03:00

Question

Can someone apply for E-2 visa ,who now residing in USA,is it possible and how long it will take?

Answer

Yes, they can. I believe premium processing is available for E visas. If you opt for that, it could take a few weeks.

E-3 & Diversity Visa Application

Authored on: Wed, 10/13/2010 - 23:44

Question

Could entering the Diversity Visa Lottery have an adverse effect on a future application for an E3 visa?

Answer

No, I do not believe it would have any affect.

H-1B and E-3

Authored on: Thu, 07/08/2010 - 09:05

Question

I was working in US on E-3 visa before H1B. Which means I entered USA earlier. When does my 6 years clock starts?

Answer

In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.

E-3 for performer

Authored on: Thu, 06/03/2010 - 03:52

Question

As an australian actor/singer and teacher...would an E3 work for me and could an agency act as an employer in that case?

Answer

E-3 visas are available only for those jobs that demonstrably require a bachelor's degree in the field of work you will be performing. We recently provided assistance in an E-3 visa for a Shakespearean actor and teacher who was coming to teach acting classes in USA. He would probably not have qualified as an artist under E-3 visa, because to be an actor, a bachelor's degree in performing arts is usually not required. But as a teacher, a bachelor's degree was indeed required.

E3 visa

Authored on: Mon, 04/12/2010 - 15:09

Question

My E3 visa was applied and approved through an employer. I never joined the company or got paid. Are there any legal implications to the company as a result of me not taking employment with the company?

Answer

The employer should withdraw your application.

E-3 Visa - Accountant

Authored on: Thu, 04/08/2010 - 16:36

Question

I am Australian Citizen with Accounting Degree and looking forward to apply for E-3 Visa. Do I need to have job offer letter from the employer. How big the employer should be?

Answer

You do need a job. The company does not have to be a specific size, but it should be large enough to require a professional accountant (not just a book keeper).

E3 to H4

Authored on: Wed, 02/24/2010 - 06:44

Question

I am in the US from Australia and just lost my job as an Engineer. I was on an E3. My wife has an H1B and is employed. Since E3 restrictions give about 10 days grace period, our immediate option is for me to go to an H4. Does anyone know how long this process usually takes if I am currently in the US and what I may have to do.

Answer

Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.