My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
For Immediate Release
DHS Press Office
Contact: 202-282-8010
The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.
For the new FAQs click here.
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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.
My sister's family lives in Sydney. They own a restaurant business. Can they move here with E class visa and open their restaurant here in States? She is not a citizen of Australia yet, but her husband and son is.
There are three kind of E visas: E-1, E-2 and E-3. You are probably thinking of E-2. Please read up on them. The primary applicant must be a citizen or national of the country in question. Their family can come as derivative beneficiaries.
E Visa company registrations - It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation.
Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
I was wondering if the "Employ American Workers Act" applied to people who apply for the E-3 visa ? The act, from my understanding has restrictions on the H-1B and companies that have taken TARP funds.
As far as I recall, TARP focuses only on H-1 employees. See my blog article with links to the law: http://forums.immigration.com/blog.php?b=94
My husband and I came over on E2, he was partners as a mortgage broker, due to economy the business did not make a good profit and attorneys have said that we will not get E2's renewed. So rather than keep throwing money away the business has closed its doors. We have approx $600k invested in the US in property. This is owned outright. I have been to college an got a diploma, with a 98.6GPA. Apparently this is of no consequence when it comes to staying in the US. Any advice of what else we can do. We need to act quickly. We are looking at losing over $200k to move back to UK. Due to economy.
You can apply for B visa to stay for a few more months. You cannot do business on that visa, but at least you will be able to sell when the time is better. Details are on my blog.
Are E - 3D visa holders allowed to work as freelancers?
To the best of my knowledge - no. You need an employer.
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.
Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.
I had come to US in September 2008 for 30 days externship (as short term visiting scholar) on J1 visa. After that I went back to India in October and came again in January 2009 on F1 visa to do PhD in animal science program. My concern is do I need to apply for J1 waiver before joining a job or a post doc here in USA? If yes, how should I go about it?
The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
Effective December 1, 2011, all E visas applications will be processed in Rome. Therefore, all new E visa applications submitted after December 1, 2011 should be sent to the E Visa Section in Rome following the directions on the web. (http://italy.usembassy.gov./visa/vis/vis-6-en.html) All cases will be processed in the order received. All pending cases sent to Milan prior to December 1, 2011, will be processed to conclusion in Milan, in the order they were received.
I recently abandoned the US for Canada. I had been living in the US illegally for 15 years (since the age of 11). I got an opportunity to conduct biological research at the University of Alberta, AB, and Canada. I'm fully funded to live in Canada by the institution. Anyway, I would like to return to the US in 2013 for my 10 year high school reunion. I would like to know how likely I would be to get a tourist visa given my recent history. I have no intentions of staying in the US, just visiting. Am I automatically banned?
Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).
Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?
Yes. F visa is NOT forbidden. But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.
As an australian actor/singer and teacher...would an E3 work for me and could an agency act as an employer in that case?
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.
I was working in US on E-3 visa before H1B. Which means I entered USA earlier. When does my 6 years clock starts?
In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.
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?
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).
Could entering the Diversity Visa Lottery have an adverse effect on a future application for an E3 visa?
No, I do not believe it would have any affect.
The information Mr. Khanna provided was very helpful. I was scheduled for a phone conference appointment for no cost since I am a student. He is definitely a great person who really makes an effort to sort out others issues. I wanted to make sure that the statement of reason for application of the waiver for the two-year home country physical presence requirement of the J-1 visa, was a strong reason, so he asked me more question about my J-1 program to figure out a better reason for the application which turned out being a better one than the one I was thinking about.