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Can an applicant for an H-1B1 visa (for Chileans) intend to immigrate to the U.S. while applying for an H-1B1 visa?

No. An H-1B1 Chilean applicant must establish non-immigrant intent. As with many other types of non-immigrant visas, to qualify for the H1B1 one must demonstrate that one does not intend to immigrate to the United States. Every applicant’s situation is different, so how individual applicants demonstrate this—including which documents are submitted—will vary greatly from person to person.

NOTE: This requirement makes the FTA Professional Visa (H-1B1) different from the traditional H-1B Temporary Worker visa, as applicants for traditional H-1B visas do not have to demonstrate that they intend to return to Chile when their temporary job is finished.

U.S. citizen deported

He was facing his second deportation hearing when he learned he was already a U.S. citizen. Still, federal prosecutors fought to keep him in custody. Last week, a federal judge scolded prosecutors for the mistake. 'In effect, the government is arguing ...

How Long Can I Stay in the United States under F-1 status?

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You are allowed to stay in the United States for as long as you are enrolled as a full-time student in an educational program and making normal progress toward completing your course of study. If approved, you also will be allowed to stay in the country up to twelve additional months beyond the completion of your studies to pursue practical training. At the end of your studies or practical training, you will be given sixty days to prepare to leave the country.

Can I attend public school under F-1 status?

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If you wish to attend public high school (grades 9-12) in the United States in student (F-1) status, you must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. F-1 students are prohibited from attending public elementary schools and publicly-funded adult education programs in the United States.

A U.S. Department of State statement about this topic appears below.  

 


New Legal Requirements for F-1 Foreign Students in Public Schools

Can I Travel Outside of the United States under M-1 status?

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Students may leave the United States and be readmitted after temporary absences.

Students should consult their Designated School Official (DSO) prior to traveling. Your DSO generally works in the International Student Office. You must have a current SEVIS Form I-20 endorsed for travel and your DSO needs to be able to verify that your SEVIS record is accurate and up-to-date.

When making your travel plans, please remember that you must be a full-time student to keep your M-1 student status. Upon your return to the United States, you should provide immigration inspectors with:

Will I Be Able to Work under M-1 status?

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You and your spouse and children may not accept employment. However, you may apply for practical training after you complete your studies.

What are the main requirements for an L-1 visa?

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The main requirements for L-1 visas are as follows:

  1. The employee must have worked abroad in either (a) a managerial or executive position, or (b) in a position performing services entailing "specialized knowledge"; and must be coming to work in the U.S. in one of these capacities.
  2. The company for which the employee worked abroad must be either the same company for which the employee will be working for in the U.S., or a branch, subsidiary, or affiliate of that company.
  3. The employee must have worked abroad for that particular company for one continuous year within the three year period immediately preceding the filing of the petition for the L-1 visa.

When should the Spouses and children of H1B1 visa applicants, who are not Singaporean, apply for a derivative visa?

Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H1B1 visa holder is not present for the application of their non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.

Can an applicant for an H1B1 visa (for Singaporeans) intend to immigrate to the U.S. while applying for an H1B1 visa?

As with many other types of non-immigrant visas, to qualify for the H1B1 one must demonstrate that one does not intend to immigrate to the United States. Every applicant’s situation is different, so how individual applicants demonstrate this—including which documents are submitted—will vary greatly from person to person.

Are extensions and renewals allowed for H-1B1 visas (for Singaporeans)?

Yes. Extensions and renewals are allowed for H-1B1 visas.

Do H1B1 visas (for Singaporeans) allow for multiple-entry?

Yes. H-1B1 visas are multiple-entry.

Can the H1B1 principal applicant’s spouse, dependent children, and family accompany him or her to the U.S.?

Yes. The H1B1 visa (for Singaporeans) allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H1B1 work visa holders are eligible for derivative (H4) visas. Parents and other family members are NOT eligible for H4 visas. They may visit a worker for a temporary period of time if they apply for and receive a tourist visa, or on the Visa Waiver Program if they are eligible.

Are only Singaporean citizens eligible for H1B1 visas as principal applicants?

Yes, only Singaporean citizens are eligible as principal applicants. Singapore Permanent Residents who are citizens of other nations are not eligible for the H1B1, but non-Singaporean spouses and children of qualified Singaporean H1B1 applicants are eligible for H-4 visas as dependent family members.

May the spouses of E-3 visa holders work in the U.S.?

E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Note that such spousal employment may be in a position other than a specialty occupation.

Is there a special fee for E-3 visas?

No. There is no special fee for an E-3 visa. Instead, E-3 visa applicants are subject to the normal visa application fee.

How long is an E-3 visa valid?

The maximum validity period for an E-3 visa is 24-month. In addition, the validity of an E-3 visa can not exceed the validity period of the LCA.

Can an E-3 visa holder's Spouse and Children accompany him or her to the U.S.?

Yes. An E-3 visa holder's Spouse and Children can accompany him or her to the U.S.
The spouse and children need not be Australian citizens.

 

 

What are the requirements for an E-3 visa?

The requirements for an E-3 visa are as follows:

1. The applicant must have a legitimate offer of employment in the United States.

2. The position the applicant is coming to fill must qualify as specialty occupation employment.

3. The applicant must be an Australian citizen.

4. The applicant must have the necessary academic or other qualifying credentials.

5. The applicant must intend to stay only temporarily in the U.S.

6. If required in the specialty occupation, the applicant must have any necessary license or other official permission to practice in the specialty occupation.

7. The employer must have obtained an approved Labor Condition Application.

Can the spouse or children of an E visa holder STUDY in the U.S.?

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There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S. They may study on a derivative E visa. However, if they are qualified, they may apply for the F-1 visa. For school-age children, it is important to refer to the regulations governing the issuance of F-1 visas.

Church Is Sanctuary As Deportation Nears: Immigrant Activist Defies U.S. Order

CHICAGO, Aug. 16 -- A 31-year-old illegal immigrant who has become a spokeswoman for undocumented workers is defying a deportation order and has taken sanctuary in a church on this city's West Side. Elvira Arellano refused to comply with the order ...

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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