Navigating U.S. immigration rules can feel overwhelming, especially when you’re exploring work, investment, student, or family-based visa options. Whether you’re considering an H-1B work visa, applying for an E-2 investor visa, transitioning from an F-1 visa to an H-1B, or sponsoring a parent or fiancé, it’s essential to understand the legal landscape.
1. Business, Working
Q: We are 19 years old and we both live in the UK.
A: We want to work in Colorado for the ski season (6 months). We have jobs waiting for us. They are cleaning jobs which will pay for our rooms/food/spending money. We have funds for the return flight.
Q: The employer wants us to have work visas. How do we do this?
A: It is difficult to get a work visa in the U.S. unless you can prove there are no U.S. workers available to do the job. With the situation you describe, you will not be able to get working visas. If the consul believes a person is coming to work, no visitor visa will be issued. Being from the UK, if you can save enough to not have to work, then you can come here with a visa waiver (such as ESTA) and stay for 90 days. This applies to temporary tourism or business visits, but not employment.
Q: Are summer jobs available in the U.S. for students?
A: Some jobs are available for camp counselors, restaurant waiters, summer resort workers, and others. Contact the Council on International Educational Exchange (CIEE) or the United States Information Agency (USIA) to explore programs such as J-1 summer work travel visas.
Q: If someone came to the U.S. with a visa waiver, can he change to another kind of visa while here or extend his 90-day visit?
A: A person cannot change in the U.S. to another visa if they entered with a visa waiver (Exception: If the person married a U.S. citizen, then they could apply for a green card here even with a visa waiver). If someone has the required university degree and a firm job offer from a U.S. company while in the country, they can arrange for an H1 work visa and then return to their home country to apply for the H1 visa at the U.S. consulate. If the person had entered the U.S. with a B2 tourist visa, they could apply to change to another visa while still in the country through a process called a change of status.
Q: I have a Bachelor’s degree in business administration. Now I am working at a car rental company as an operations manager. I would like to apply for an H1-B visa. Am I qualified?
A: If the employer can show that in the car rental industry, an operations manager usually requires at least a bachelor’s degree to qualify for the job, then you can qualify for an H-1B visa. If you are in legal status and if the H-1 is approved, you can change to H-1 status here. If not in legal status, then you have to pick up the visa outside the U.S. A word of caution: A person who has been in the U.S. and has been out of legal status for more than 6 months can be barred from re-entry to the U.S. for three to ten years under INA §212(a)(9).
Q: In regard to getting an H-1 visa that is needed to return to the U.S., is it possible to get this visa while in the U.S.? If not, is it possible to get it from the U.S. consulate in the Bahamas?
A: The visa must be applied for outside the U.S. The U.S. consul in the Bahamas does not accept applications unless the person resides in the Bahamas. In most cases, the visa must be processed at the U.S. consulate in your home country or another consulate where you have legal residence.
Q: I have an H-1B and want to work for a different employer. Can I change jobs, then submit the new H-1B papers for the new employer?
A: All H-1B papers are submitted by the employer. The new employer must prepare and submit the papers for the transfer BEFORE you change jobs. This is known as an H-1B portability petition under AC21. Do not switch jobs without receiving the USCIS receipt for the new employer’s petition.
Q: I was born in Spain and can buy a Children’s Day Care business for $80,000. We would like to buy it and work in it. Is there a way to do this?
A: Two visas allow working in the U.S. by investing. One requires an investment of at least $500,000. The other can be a smaller investment. This is a Treaty Investor visa (E-2). The U.S. and Spain have a treaty that allows a Spanish investor to buy a U.S. business and then come to the U.S. to manage that business. The E-2 visa is for an indefinite time. As long as the investment remains in place, the visa can be extended. About 100 countries have treaties with the U.S. that allow their citizens to apply for E-2 investor visas. There is no minimum amount for an E-2 investment, but it must be satisfactory to the consul. A very small investment is not likely to be approved for a visa. The required amount is mostly determined by two questions: Is the investment amount large enough to support the investor and their family? And, is the investment significant to the business? An investment of $75,000 in a small motel with a total value of $150,000 may be satisfactory, while the same $75,000 may not be enough if invested in a business worth $500,000. Financial data regarding the investment, including the source of funds, the business, and expected earnings, must be submitted. If approved, E-2 visas are issued to the investor and family.
Q: I’m in the process of changing my visa from F-1 (student) to H-1B (professional work visa) but it is taking too long, and my permit to work expires in a month. My boss told me that if I don’t get my H-1B by the date, I’ll be off the payroll. Is there a way I can file for a work extension or do something before I lose my job?
A: If your practical training ends before the H1 is approved, you will not be authorized to work. Practical training (OPT) cannot be extended past the one-year limit unless you qualify for STEM OPT. In some years, when H-1B visas have been exhausted, an extension of student status was allowed until visas became available again. Speak with your Designated School Official (DSO) to see if a cap-gap extension applies in your case.
2. Family, Personal
Q: I’m a permanent resident and would like to know if I can file a petition for my parents. Do I have to wait until I become a U.S. citizen before I can apply for them?
A: You must be a citizen to sponsor a parent. Lawful permanent residents (green card holders) may not petition for parents under U.S. immigration law; you must first naturalize and obtain citizenship through USCIS before filing Form I-130.
Q: I have a 12 year old U.S. Citizen child. Can she sponsor me for a green card?
A: A child (or anyone) must be at least 21 years old to file a sponsor petition, except that there is no minimum age to file a petition for a spouse. This applies even if the U.S. citizen child is financially stable. Immigration sponsorship under Form I-130 is only valid for children over 21 years old for their parents.
Q: My friend’s visitor visa expired a few months ago. She wants to extend her stay in the U.S.. She is pregnant and has a green card sponsor who wants to marry her. Can she claim medical condition and extend her stay, and eventually convert her status to permanent residence?
A: If her stay has expired (she is past the date on her Form I-94), then she cannot extend her stay even for medical reasons. However, if she enters into a genuine marriage to a U.S. citizen, she can then apply for a green card here, even if she has stayed beyond her I-94 date. This is possible through adjustment of status (AOS) under INA §245(a), as long as the marriage is bona fide.
Q: I have J-1 exchange program status, and I want to marry a U.S. citizen. Can I stay and apply for a green card?
A: You can apply unless your J-1 is subject to Section 212e of the immigration law. This section requires some J-1 visa holders to reside outside the U.S. for 2 years before they can change to any other visa status. This requirement is noted on the visa in the passport and also on the pink Form IAP 66, where it says “is” or “is not” subject to Section 212e. The U.S. Department of State and the United States Citizenship and Immigration Services can grant a waiver of this requirement; however, obtaining a waiver may be challenging. Waiver categories include No Objection Statement, persecution, or hardship to a U.S. citizen spouse or child.
Q: My girlfriend is a citizen of Canada, and she would like to move to the U.S. She wants to work here. She has some college experience, but no degree. What does she need to move here and get a job? We don’t plan to be married now, so a spouse or fiancé(e) visa is no good. Are there any special rules for Canadian citizens?
A: As a Canadian citizen, she can enter the U.S. at any time for a visit without a visa. She cannot be coming to work or to definitely be married…only to visit. She will not be able to get work permission unless she marries a U.S. citizen. Canadians still require employment authorization for U.S. work, such as under a TN visa for NAFTA professionals, which requires a qualifying occupation.
Q: What happens when people from a certain country use up all the immigrant visas for that country for the year?
A: When a country reaches its annual limit, then a queue or waiting list is started. The dates of cases eligible to apply for a visa are listed in the Visa Bulletin. The Visa Bulletin has separate columns for countries that reach their limit in some categories.
An immigrant visa can be issued only when the applicant’s priority date is earlier than the date shown in the current Visa Bulletin. It is the country of birth (not citizenship) that is used for quotas. Exception: In a petition case with derivative benefits, a husband and wife can use each other’s country quota (and a child can use the quota of a parent’s country) when they travel to enter the U.S. together. If a husband is born in India and the wife is born in the UK, when they accompany each other to enter the U.S. as immigrants, they can use the quota for India or the UK, whichever is more beneficial. This is called “cross-chargeability.” This rule can reduce wait times under country caps.
Q: I need some information regarding a fiancé visa. What preference category does this fall into? What are the cutoff dates, etc.? Are there quantity limitations per year in this visa as well? I filed a fiancé visa petition for my fiancé in India about a week ago. What kind of waiting, hassles or procedures do I go through before the visa is issued?
A: A fiancé visa (K) is a non-immigrant visa. It is not a green card visa. A nonimmigrant visa does not have a preference category or a cut-off date since there is no limit to the number of K visas that can be issued. The petitioner may be interviewed by the BCIS in the U.S., and then the K visa beneficiary is interviewed by the consul to see if he/she intend to marry the petitioner. The beneficiary must also undergo the immigrant medical exam, as they are expected to marry within 90 days of entry and then apply for a green card. It typically takes six to eight months for a K visa to be issued.
A K3 visa allows the spouse of a U.S. citizen to come to the U.S. to await processing completion. The I-129F petition governs both K-1 and K-3 applications.
Q: I am Italian citizen living in Brazil. I would like to know if it is difficult for an Italian to get a green card.
A: The U.S. immigration laws are supposed to be neutral about particular countries unless specifically provided in the law. The annual quota is the same for all countries. Certain special rules apply to Canada and Mexico due to their geographical location. If a person qualifies, it should make no difference what country he/she is from. Actually, some countries have high fraud rates (false cases) or a poor record of complying with U.S. immigration rules. The consuls in these countries may ask more questions and may refuse a higher percentage of visitor and other visas. Italy is not considered to have a high rate of fraud. The key factor is whether the applicant meets the eligibility criteria and documentation standards under family or employment-based categories.
Q: My fiancé was coming to the U.S. to visit me. At the border (Juarez), her visa was canceled. Is there a way to get her visa back? She was born in Mexico, and the border inspector believed she was coming to marry me. Can the consul expedite a K-1 (fiancé) visa for her? If we get married in Mexico, will it be easier to bring her back with me? Do we really have to send all those forms to the BCIS?
If she comes with me without proper papers, can we get in trouble and possibly have her deported?
A: If the border agent believes a person is intending to stay here, they will not let them in until they have a green card. If a border or airport inspector believes that a marriage is planned, the person can be sent back immediately and barred from re-entry for 5 years.
A fiancé visa takes about 6 months to get approved. If she marries you in Mexico, she must remain in Mexico until her green card visa is ready, which takes approximately 4 to 6 months. Illegal entry can lead to deportation. If a U.S. citizen helps a person enter illegally, the citizen can be charged with criminal violations. Consuls rarely expedite anything. You must file the appropriate forms (I-129F, I-130, etc.) with USCIS before a visa can be issued.
Q: I met someone from England. He is coming to the U.S. next month, and we plan to marry in a few months. Can he come to the U.S. as a visitor then stay and get a fiancé visa here?
A: A fiancé “K” visa can be issued only when the fiancé is outside the U.S. Entry on a B2 visitor visa or ESTA with intent to marry and adjust status is considered visa fraud.
Q: I am trying to find a lost friend in Taiwan. He is a U.S. citizen by naturalization. Three years ago, he went to Taiwan. Can I get a copy of his immigration record so I can find his address or phone numbers?
A: BCIS records are not public. You can try any of several online telephone directories or white pages. Privacy laws protect naturalization and citizenship data from public access.
3. Diversity Lottery, DV
Q: Do you have information about when the people who applied for a diversity visa will be notified?
A: Usually, by five or six months after the DV application period ends, all notices will have been sent. If a person has not received a notice by that time, they were not selected. Selected applicants are also posted on the Entrant Status Check system at dvprogram.state.gov.
Q: When can I apply for the diversity visa lottery?
A: The DV lottery registration information is released in August. The registration period is usually in October. Please note that applications must be submitted electronically and only during the open period announced by the U.S. Department of State.
Q: Do you think there will be a DV (diversity) lottery next year?
A: The diversity program is permanent. A lottery will be held each year until it is changed or eliminated by Congress. Over 50,000 green cards are issued annually under this program to applicants from countries that qualify.
Get Legal Help
The attorneys at Hussain & Gutierrez are here to help you with petitions, fiancé visas, overstays, green card processing, and consular issues. Protect your immigration future with experienced guidance.
Call 888-997-3701 or contact us online to schedule an initial consultation.
