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She mailed all our documents required by USCIS at the end of August 2013 and we were astonished that we were called in for our interview mid November 2013. Happy to say that I got my green card November 23, 2013.
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Visiting Visa Lawyer - North Texas

Exchange Visitors

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. Our visiting visas lawyers in Wylie, Texas can prepare this documentation for you.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to:

  • Professors or scholars
  • Research assistants
  • Students
  • Trainees
  • Teachers
  • Specialists
  • Nannies/Au pairs
  • Camp counselors

Employment

Some J-1 nonimmigrants enter the United States specifically to work (as a researcher, nanny, etc.) while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States. Our visiting visas lawyers in North Texas can help you understand your your employment visa options and restrictions.

Family of J-1 Visa Holders

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you. To apply for work authorization as a J-2 nonimmigrant, your spouse or child would file Form I-765, Application for Employment Authorization.

If you are in the process of filing application of this type, you will need qualified legal help on your side. Our experienced visiting visas lawyers in our North Texas office can help. We look forward to protecting your rights and serving your immigration needs.

Temporary Business Visitor

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
  • Immigration Attorneys Dallas are the most qualified for assisting in this process

B-1 Visa Eligibility Criteria

You must demonstrate the following in order to be eligible to obtain a B-1 visa:

  • The purpose of your trip is to enter the United States for business of a legitimate nature
  • You plan to remain for a specific limited period of time
  • You have the funds to cover the expenses of the trip and your stay in the United States
  • You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
  • You are otherwise admissible to the United States

Recommendation on a Request for a Waiver of the INA 212(e) Two-Year Foreign Residence Requirement Pertaining to J-1 Exchange Visitors

1. Overview: Are you subject to the two-year foreign residence requirement?

An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:

  • The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.
  • The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.
  • The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

2. If you are subject, what does that mean?

If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K, or to immigrant or legal permanent status until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.

3. Requesting an Advisory Opinion, if you are not sure that INA 212(e) applies to you.

If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of INA 212(e) to your situation.

4. If you are subject to the INA 212(e) and want a waiver of the two-year foreign residence requirement, there are FIVE GROUNDS FOR WAIVERS.

If a J-1 exchange visitor who is subject to but does not wish to comply with the two-year foreign residence requirement may apply for a waiver of that requirement under any one of the five applicable grounds for a waiver set forth in the INA 212(e). Choose the one that you qualify for or applies to your situation.

* No Objection Statement (NOS):

The EV's home country government issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the EV not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement and does not object to the possibility of the EV becoming a resident of the U.S. The NOS may also be issued by a designated ministry of the EV's home government and forwarded to the U.S. Chief of Mission, Consular Section, within that country to be forwarded directly to the Waiver Review Division. The EV has the responsibility for obtaining a no objection statement from his/her home government. A Richardson, Texas visiting visas lawyer can assist with this process

Note: The law precludes the use of this option by foreign medical physicians, who acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

* Request by an interested government agency (IGA):

If an exchange visitor is working on a project for or of interest to a U.S. Federal Government agency, and that agency has determined that the visitor's departure for two years to fulfill the INA 212(e) requirement will be detrimental to its interest, that agency may request an interested government agency waiver on behalf of the EV for sake of public interest. The IGA request must be signed by the head of the agency or its designee and submitted directly to the Waiver Review Division. The EV has the responsibility for obtaining an IGA request from a U.S. Federal Government agency.

If you are in the process of filing waiver of this type, you will need qualified legal help on your side. Contact the law office of Jessie M. Thomas visiting visa lawyers in North Texas for employment visa advice today. We look forward to protecting your rights and serving your immigration needs.

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