USA Immigration Without Tears

By Dr. Ope Banwo

This book is not intended to be used as professional legal advice from me, and neither is the content intended to be a comprehensive compilation of the nuances and intricacies of the USA visas and immigration options discussed. This handbooks is NOT intended or meant to be construed as professional advice or legal advice on immigration into USA

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Immigration to USA, like most other countries, is often a complex process requiring expert legal advice from Attorneys licensed to practice immigration in that country. I encourage you to make sure you get the right professional advice on any of the visas you choose to pursue after reading this guide.

• Language: English
• Publisher: Netpreneur Books
• Release date: Feb 26, 2024
• ISBN: 9798224040124

Dr. Ope Banwo

Dr Ope Banwo, is an Attorney, Techpreneur, Digital Business Coach and author of multiple bestsellers. He has written several books on Business, Lifestyle, Internet Marketing and Life application of artificial intelligence tools. You can follow him on his blog at FearlessNetpreneur.com

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WHY THIS SHORT HANDBOOK?

To provide information on the immigration climate in the united states

To solve problem of ignorance on visa procedures at embassies

To provide various information on alternatives available to enter the united states

WHAT THIS HANDBOOK IS NOT!

It is not another magic or instant visa scheme to steal money from you

(amazing how many are willing to pay scam artists but will not pay lawyers.)

Seminar will not give you visa. It only provides info on visa options and procedures

Seminar organizers will not put papers together for you to get visa, but will provide professional advise in applications for visa.

PECULIAR PROBLEMS IN THE APPLICATION PROCESS FOR VISAS BY MANY SEEKING TO IMMIGRATE TO THE USA

Ignorance On Various Types Of Visas Available

Application For Wrong Visas

Underestimation Of The Capabilities Of The Us Embassy To Investigate

Lack Of Follow-Up In Cases Of Wrong Denials (Leads To More Denials)

Impatience To Plan And Follow Procedures

Absence Of Dedicated Attorneys Specializing In Consular Processing

SpecialVisa Possibilities Covered In This Handbook

Section 1: Non-immigrant Business Visas

F visas for students

H-1B visas for specialty occupations

H-2B visas for temporary workers

H-3 visas for aliens in training programs

I Representative Visa

J-1 visas for exchange visitors, researchers and trainees

K visas for fiancé(e) and spouses of U.S.

L visas [intra-company transferees]

visas [extraordinary athletes, entertainers, artists]

P visas for athletes and entertainers

Q visas for international cultural exchange

R-1 visas for religious workers

Section 2: Immigrant Workers And Investors

What is an Immigrant Visa?

Categories Of Special Immigrant and Employment-Based Immigrant Visas

EB-1

EB-2

EB-3

EB-4

Section 3. Special Immigrant Worker Categories

EB-5 Investor Visas

Religious Workers

Schedule A Professionals

Section 1:

Non-Immigrant Business/

Worker Visa Categories

The B1 Visa Category

General Overview:

By far, the vast majority of aliens who enter the United States each year do so as nonimmigrant visitors in the 

B visa category.

This type of visa covers alien visitors for

Business (B-1) and Pleasure (B-2).

Generally, stays in the U.S. in this category are brief, and involve such activities as touring, visiting family members, obtaining health care, or conducting business on behalf of an overseas employer. 

Basic Info on The B Visa Category

Duration of Stay: Most stays in the U.S. under a B visa category are short. Generally, a B-1 visa (business visitor) will be granted only for a period of entry necessary to conduct his or her business. Individuals in the B-2 category (tourist visitor) are automatically given a period of entry of six months.

Application Process: The visa application process is straightforward. The B visa category requires application only to the U.S. consulate - no special permission needs to be obtained from INS before a visa is issued.

Special Conditions: The key condition of the B visa category is that the alien cannot engage in gainful employment (labor for hire) in the U.S. The crucial factor is: Will the alien be paid be paid a salary from a U.S. employer or otherwise engage in activity here that results in payment to the alien of a fee for services rendered?

The U.S. State Dept has specified

Five broad requirements for issuance of a B visal:

The alien is entering the U.S. for a Limited duration

The alien Intends to depart the U.S. at the expiration of his or her stay.

While in the U.S. the alien Maintains a foreign residence which he or she has no intention of abandoning.

The alien has Adequate financial arrangements to travel to, sojourn in, and depart from the U.S.

The alien will Engage solely in legitimate activities relating to business or pleasure.

The B Visa Category

Bona Fide Nonimmigrant Intent:

For B visitors, it is important to show that they have bona fide nonimmigrant intent. They can show that they harbor the correct intent by demonstrating that:

They plan only a temporary trip to the U.S.

They maintain a residence outside of the U.S. that they have no intention of abandoning.

The amount and type of proof necessary to make this showing can often depend on the alien’s personal and employment situation at home, and the nature of his or her plans in, and connections to, the United States.

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

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

Application Process

Period of Stay/Extension of Stay

Initial Period of Stay  Extension of Stay is 1 to 6 months; maximum total amount of time permitted in B-1 status on any one trip is generally 1 year.

At the port of entry, an immigration official must authorize your admission to the United States, and, if you are eligible for admission, you may be admitted initially for the period necessary to carry out your business activities, up to a maximum period of 1 year. 

If you who wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status and submit any required supporting documents to USCIS. For more information, see the Extend my Stay page.

Family of B-1 Visa Holders

Your spouse and children are not eligible to obtain a dependent visa. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa.

Certain B-1 Activities that Require an Employment Authorization Document

The following types of B-1 business visitors require employment authorization:

A personal or domestic servant who is accompanying or following to join an employer who seeks admission into, or is already in, the United States in a  B, E, F, H, I, J, L, or TN nonimmigrant classification.

A domestic servant of a U.S. citizen accompanying or following to join his or her U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting  the United States.

An employee of a foreign airline engaged in international transportation of passengers freight, whose position with the foreign airline would otherwise entitle the employee to treaty trader nonimmigrant classification (E-1) and who is precluded from such classification solely because the employee is not a national of the country of the airline's nationality or because there is no treaty of commerce and navigation in effect between the United States and the country of the airline's nationality.

Note:  All applicants for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above must demonstrate the following:

You have a residence abroad in which you have no intention of abandoning

You have at least 1 year of experience as a personal or domestic servant

You have been employed abroad by your employer for at least 1 year prior to the employer’s admission into the United States or if you have been employed abroad by the employer for less than 1year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment

Before you may commence employment in any of the above three activities, you will need to file Form I-765, Application for Employment Authorization. For more information on filing the Form I-765, see the Work Authorization page.

E-1 Treaty Traders

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.  (For dependent family members, see Family of E-1 Treaty Traders and Employees below.)

See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-1 Classification

If the treaty trader is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-1 classification.  If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to Obtain E-1 Classification if Outside the United States

A request for E-1 classification may not be made on Form I-129 if the person being filed for is physically outside the United States.  Interested parties should refer to the U.S. Department of State website for further information about applying for an E-1 nonimmigrant visa abroad.  Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-1 nonimmigrant. 

General Qualifications of a Treaty Trader

To qualify for E-1 classification, the treaty trader must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation

Carry on substantial trade

Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country.  Items of trade include but are not limited to:

Goods

Services

International banking

Insurance

Transportation

Tourism

Technology and its transfer

Some news-gathering activities.

See 8 CFR 214.2(e)(9) for additional examples and discussion.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.  There is no minimum requirement regarding the monetary value or volume of each transaction.  While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value.  See 8 CFR 214.2(e)(10) for further details. 

Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country.