Fiancée Visas

If you are an American citizen or a foreign national who is engaged to an American citizen and residing in your home country, it is possible for the American citizen to file a fiancée visa for the foreign national fiancée to be able to enter the United States and marry the United States citizen. What is required is that the American citizen has met the foreign national within the two years prior to filing the fiancée visa application.

Once the foreign national fiancée has entered the United States, the United States citizen and the foreign national must marry within 90 days of the foreign national fiancée’s arrival. As such, the visa holder will not be eligible for a work permit. If the foreign national has dependants such as a child, a derivative visa is available which will allow the dependant to accompany the foreign national fiancée.

Non-Immigrant Visas for Foreign National Spouses

If you are an American citizen and are married to a foreign national who still resides in his or her home country, and have filed a family immigrant visa petition for that person, a temporary visa is available that will allow the foreign national to come to the United States and wait for the immigrant visa to become available. This temporary visa will allow the foreign national to work. Also, a derivative visa is available for dependants who will accompany the foreign spouse.

Contact Arcala & Zwerin

H-1B Visas

H-1B visas are for those who are filling specialty occupations that require a degree or the equivalent experience. It is for temporary work in the United States and the foreign national employee must work for the employer who sponsored. An H-1B is renewable for up to 6 years. It may be possible for you apply for an employment based immigrant visa from an H-1B. If the immigrant visa petition is approved, you can renew your H-1B in 3 year increments until an immigrant visa is available. Derivative visas are available for H-1B visa holder’s dependents but the dependents cannot work. However, they may attend school.

Pitfalls Employers Should Be Mindful Of

If you are an employer who wishes to hire a foreign national as an H-1B be mindful of the following questions:
1) Can you as the employer show an appropriate level or control and supervision of the foreign national’s work to where that person can be considered an employee?
2) Will the foreign national employee be working at a third party’s work site?
3) Are you an employment agency who has contracts with third parties to supply employees? Will you require the foreign national to work at a remote site?

For solutions to these potential problems, Contact Arcala & Zwerin.

Intra-Company Transferee L-1A and B

If you are a foreign national who works for a company that has a presence in the United States as a parent company, subsidiary, or branch, you may enter the United States as a transferee of that company. For example, if you are a German national who works for BMW in Germany and you are to be transferred to BMW in the United States in either a managerial, executive, or technical advisor, this visa would be available to you. Initially, a L-1A or B holder is granted a 3 year length of stay. Below is an explanation of L-1A and L-1B visas:

L-1A: Executive or manager with a maximum duration of stay of 7 years

L-1B : Position of specialized knowledge with a maximum duration of stay of 5 years

You must have worked for that company for at least one year before coming into the United States on either L-1A or B.

NAFTA (TN Visa)

This visa is for Canadian and Mexican nationals who are engaged in employment and activities at a professional level. A TN visa is valid for 1 year and may be renewed multiple times. Self employment is forbidden. Also, a derivative visa called a TD visa is available for dependents of TN visa holders.

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