Business Immigration FAQs

Yes.

With the H-1, H-2 and H-3 Visas, your spouse and any dependent under the age of 21 is eligible for the H-4 Visa which allows them to lawfully enter and stay in the United States for the duration of your Visa.

Spouses and children of O-1 Visa holders are eligible for the O-3 Visa which permits residence and study in the United States.

Dependents of L-1 Visa holders are eligible for the L-2 Visa.

A foreign national seeking employment in the United States may not file for the Visa as an individual. When applying for any of the temporary nonimmigrant work Visas, the employer or training program must sponsor the individual, filing the petition and application on his/her behalf. Any U.S. employer may sponsor a foreign national provided it has an IRS Tax Identification Number. However, it is important for employers to note that sponsoring a foreign worker is a serious proposition which may result in civil or criminal penalties if done incorrectly. To avoid errors in the sponsorship of foreign nationals, all employers should seek legal advice prior to submitting their petition for any temporary nonimmigrant visa.

Foreign nationals remaining in the United States under the H-1B Visa, O-1 Visa and L-1 Visa may apply for a Permanent Resident Card, also known as a Green Card. Although these visas are considered nonimmigrant visas, they are recognized as having dual intent meaning that the foreign national may have short-term intent to leave the United States but the long-term intent to gain citizenship in the United States. Holders of the H1-C, H-2 and H-3 Visas are not eligible for citizenship.

The duration of stay with the H-1B Visa, E-3 Visa, and TN Visa is three years.

For H-1B Visa holders, it may be extended for an additional three years. After the maximum period of six years has passed, the foreign national must leave and remain out of the United States for a full year before a petition for a second H-1B Visa may be approved. To extend beyond the six year limit, the H-1B holder must be the Beneficiary of an approved I-140 petition to do so.

E-3 and TN Visa holders can extend their stay for up to three year increments provided they continue to maintain non-immigrant intent.

The duration of stay with the O-1 Visa is up to three years and can be extended indefinitely for one year increments.

The duration of stay with the L-1A visa is three years and can be extended for two year increments for up to seven years.

The duration of stay with the L-1B visa is three years and can be extended for an additional two year increment for a total of five years.