After speaking with one of our Client Intake Specialists, you will be scheduled for a consultation with our experienced immigration legal team. Our consultations typically occur over the phone but can be in-person or online upon request.
We will have a more in-depth conversation with you to address your needs and goals in order to make the right determination for you. We will be asking you for any documentation you have, depending on your specific case.
Our experienced legal team will determine what type of visa you need:
B Visas
· B-1 Visa is for visitors seeking entry into the United States for business (typically one year or less, likely six (6) months
· B-2 Visa is for visitors seeking entry into the United States for pleasure
· To qualify for a B Visa, you must demonstrate a nonimmigrant intent, which is demonstrated by showing strong ties to your home country that will compel you to return there at the end of your stay in the United States. Your activities in the US must be legitimate activities relating to business or pleasure.
· What are legitimate activities?
o Engaging in commercial transactions that do not involve gainful employment in the US;
o Negotiating contracts;
o Consulting with business associates;
o Being involved in litigation;
o Participating in scientific, educational, professional, or business conventions, conferences, or seminars; and
o Independent research
Which Individuals are Authorized to Perform Business Activities in Relation to Employment?
o Members of religious and charitable organizations;
o Members of a board of directors of a US corporation performing board functions;
o Participants in voluntary service programs;
o Professional athletes;
o Yacht crewmember;
o Coasting officers;
o Certain investors;
o Service providers in connection with horse racing; or
o Outer continental shelf employees
What Category of Personal Employee or Domestic Worker are you?
o Domestic or personal servants of US citizens residing abroad, providing the employment relationship existed prior to the employer’s visit to the United States;
o Domestic or personal servants of US citizens on temporary assignment in the US
§ The servant must have a residence abroad they have no intention of abandoning;
§ The employment relationship must have commenced at least six (6) months prior to the employer’s visit to the United States or the employer must show that they regularly employ personal servants in the same capacity;
§ The employer must have at least two (2) weeks’ notice of intent to terminate employment
Does an Exception for Activities Related to Cultural Arts Apply?
An exception may apply for participants in cultural programs:
· They came to the US solely to participate in a cultural program sponsored by the sending country;
· Perform before a nonpaying audience; and
· Have all expenses paid by the sending country
· Participants in international competitions;
· Still photographers;
· Musicians;
· Artists
An extension of stay can be approved so long as the original stay has not expired. However, there are exceptions:
· The delay was due to extraordinary circumstances beyond the control of the applicant, and the delay was no longer than warranted by the circumstances.
· The foreign national has not otherwise violated their nonimmigrant status.
· The foreign national is not the subject of deportation proceedings.
What is needed to obtain B status?
1. Form DS-160, Electronic Nonimmigrant Visa Application;
2. Evidence of funds to cover expenses in the US;
3. Evidence of compelling social and economic ties abroad;
4. Passport;
5. Passport style photograph;
6. Applicant’s police certificate;
7. Fingerprints;
8. Application fee; and
9. Machine-readable visa surcharge.
Once your application process has been completed, our team will assist you with any required reporting requirements and ensure your visa status remains up to date.