Temporary Visas

The USCIS has announced that after completing a policy review that it was clarifying that to avoid H-1B QUOTA, individuals who spent one year outside of U.S. and did not exhaust entire six year term can CHOOSE to be re-admitted for “remainder” of initial six-year period without being subject to H-1B cap.  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. 

The USCIS has announced that after completing a policy review that it was clarifying that “Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status.”  The 7th year H-1B extension is available for individuals with Labor Certification (PERM, traditional, or RIR) applications or I-40 petitions pending for more than one year, and for individuals who have approved I-140 petitions, under the terms of AC21.  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. 

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

The LA Times reports:

The raid of six Swift & Co. meat packing plants last week spotlighted the fine line employers face because of increased government scrutiny: Make sure your employees are in the U.S. legally, but don't push too hard to find out.

This time, federal inspectors detained 1,300 Swift workers suspected of providing stolen Social Security numbers to the company. But four years ago, the company's requirement that Latino job applicants provide proof of their legal status led to a $200,000 fine for discrimination.

Under certain limited circumstances and conditions, you may be allowed to work on-campus or off-campus (after the completion of your first year of study). You may also be eligible for authorization to work after you complete your studies, for a limited period of time, which is known as "Practical training". Your accompanying spouse and child, however, may not accept employment.

Your spouse and children may come with you to the United States in F-2 status. The F-2 status of your family will be dependent upon your status as the F-1 academic student. This means that if you change your status, your family must change their status. If you lose your status, your family will also lose their status.

An applicant for an H-1B1 visa (for Chileans) can NOT be self-employed or an independent contractor.

Yes, there is a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.

Under certain circumstances you may be able to extend your stay in the United States if your studies will take longer than the date listed on your I-20 ID or your vocational program lasts longer than a year.

Spouses and children must present a copy of their marriage certificate or birth certificate, respectively.

The primary requirements for an E-2 Treaty Investor visa are as follows:

You are allowed to stay in the United States for one year or for as long as you are enrolled as a full-time student in a vocational program (plus thirty days to prepare to leave the country), whichever is shorter. You should be allowed to stay in the United States 30 days beyond the departure date on your INS Form I-94 (Arrival-Departure Record) and SEVIS Form I-20ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), as long as your stay does not exceed one year.

You may also apply to stay in the country after the completion of your studies to pursue practical training.

In order for a foreign citizen to be able to apply for an E-1 Treaty Trader visa, or an E-2 Treaty Investor visa, the U.S. must have a requisite treaty with the foreign citizen's country of citizenship. The following list identifies which countries have E-1 and E-2 treaties with the U.S. It was compiled by the U.S. State Department, as of 1/23/2006.

No. An applicant for an H-1B1 visa (for Singaporeans) can NOT be self-employed or an independent contractor.

Yes. The "3 years of work experience for every 1 year of college" formula ("3 for 1") is recognized for H-1B1 (for Singaporeans); however, the individual must demonstrate progressively responsible experience and a level of knowledge sufficient to show 'theoretical and practical application of a body of specialized knowledge.' Also, depending on the position, the individual may also have to show more than '3 for 1' if the industry standard for the position would require an advanced degree (i.e. law degree, masters degree, etc).

You do not need to apply to extend your stay in the United States as long as you are maintaining your student status and making normal progress toward completing your academic course of study. The designated school official (DSO) from your school will write down a completion date on your SEVIS Form I-20 A-B (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). Under normal circumstances, you should be able to complete your studies by this date. If you need to extend your stay for compelling academic or medical reasons, then you should contact your designated school official (DSO).

Your spouse and unmarried children under 21 years of age may come with you to the United States in M-2 nonimmigrant status. The M-2 status of your family will be dependent upon your status as the M-1 vocational student. This means that if you change your status, your family must change their status as well. If you lose your status, your family will also lose their status. (For more information on changing status, please see

You first must apply to study at a SEVIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you SEVIS Form I-20M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students).

No. Only Singaporean citizens are eligible as principal applicants. Note, however, that Singapore Permanent Residents who are the spouse or child of a qualified Singaporean H1B1 applicant may be eligible for an H-4 visa as a dependent family member.

The E-3 must satisfy the consular officer that s/he intends to depart from the U.S. upon termination of status because E-3 status provides for entry on a non-permanent basis into the US.