Temporary Visas

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

In general, all non-U.S. citizens must have some type of immigration authorization in order to study in the U.S. Some non-U.S. citizens who are attending schools in the U.S. do so based on some type of derivative status from their parents. For example, a child accompanying a parent on H-1B status, may be in the U.S. on H-4 status, which permits the child to attend school. However, in order for a non-U.S citizen, who has no such derivative status, to study in the U.S., he or she must obtain some type of "student visa". There are basically three types of visas which allow for some type of study in the U.S.:

On 10/17/06, President Bush signed a law (Section 1074 of H.R. 5122) which exempts individuals from the H-2B QUOTA for the 2007 fiscal year (October 1, 2006 to September 30, 2007) who obtained H-2B's in certain past years. Specifically, to be exempt, individuals must have obtained an H-2B in one of the following fiscal years: 2004, 2005, or 2006. Those individuals who are exempt under this provision may be able to obtain an H-2B extension which takes effect beginning October 1, 2006.

The Congressional Research Service (CRS), issued a report on Foreign Students in the United States: Policies and Legislation . Read the full PDF here (212KB).

The E-3 is a visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation". A key advantage is that it allows Austrialians to avoid the H-1B quota which often runs out quickly.

The H-1B visa is one of the most popular temporary work visas.

The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.

The H-1B1 non-immigrant classification (for Singaporeans) is available to certain otherwise admissible business persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of Disaster Relief Claims Adjusters, or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting experience in the specialty area.

Note you may also qualify under the rules for equivalent work experience.

 

Yes.  The H-1B1 visa (for Chileans)  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 H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.

H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

The H-1B1 visa (for Chileans) came about with implementation of the United States – Chile Free Trade Agreement on January 1, 2004. As a result of this agreement, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].

Yes.  H-1B1 visas (for Chileans) are multiple-entry.

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.

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

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:

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

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.

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.

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.