K-1 Fiancé(e) Visa in US

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

K-1 Fiancé(e) Visa in US:

Background Information on the K-1 Fiancé(e) Visa

The K-1 fiancé(e) visa is a nonimmigrant category of marriage-based visa intended for foreign-born fiancé(e)s of US citizens. It allows those foreign fiancé(e)s to come to the United States with the intention of marrying their US citizen fiancé(e)s who are sponsoring their visas.

The K-1 visa allows for 90 days for the wedding to take place. Following that, the foreign fiancé(e) can apply to the USCIS for an adjustment of status in order to become a Lawful Permanent Resident (LPR) and receive a green card. Any dependents of the foreign fiancé(e) may also enter the United States under K-2 visa status.

Due to the primary purpose of this visa class being eventual permanent immigration, applicants must meet some requirements typically associated with an immigrant visa.

Fiancé(e)K-1 Visa Definition

According to the regulations established by United States immigration law, a fiancé(e) is anyone who receives an approved I-129F Petition for Alien Fiancé(e). This individual should also be coming to the United States to marry the United States citizen who has sponsored him or her and filed the petition on his or her behalf.

Both partners in the relationship must be free of any legally binding marital obligations. This means that any previous marriages must have ended in divorce, annulment, or death, allowing each fiancé(e) to marry in the United States on the date the I-129F petition is filed with the USCIS. The marriage must also follow the laws of the state where the ceremony will take place.

The K-1 Visa Application Process:

The following are the main steps in the K-1 process:

The U.S. citizen who is sponsoring the foreign fiancé(e) must file an I-129F, Petition for Alien Fiancé(e), with the USCIS field office nearest to the U.S. citizen’s residence. It is important to note that the I-129F form cannot be submitted to a US embassy, consulate, or USCIS office overseas.
After the USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for processing, and the NVC forwards it to the appropriate US consulate or embassy after assigning it a case number.
Once the petition from NVC is received by the US embassy or consulate where the foreign-citizen fiancé(e) will be given specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be summoned to the consulate for an interview in order to obtain a K-3 visa.

Documentation Required for Fiancé Visa:

The K-1 fiancé(e) and all eligible dependents applying for the K-2 visa must bring the following items to the K-1 visa interview:

• DS-160 Nonimmigrant Visa Application Online Each K visa applicant should submit one completed application.
• A valid passport with a validity period of at least six months beyond the intended duration of stay in the United States. Please keep in mind that each country may have its own set of exceptions; consult with your immigration attorney for more information.
• The birth certificate of the foreign fiancé(e).
• Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé(e) and the U.S. citizen sponsoring the foreign citizen.
• The police certificate issued by the country where the foreign-born fiancé(e) currently resides. Police certificates will also be required from any country where the foreign fiancé(e) has lived for more than six months since the age of sixteen.
• Evidence of a medical examination that has been approved
• Proof of long-term financial support to demonstrate that the fiancé(e) will not be financially dependent on the US economy. (Affidavit of Support Form I-134 may be requested.)
• Two (2) passport-style photographs Check out the Department of State’s photo requirements.
• Proof of a genuine and non-fraudulent relationship between the US citizen sponsor and the foreign fiancée (e).
• All accompanying visa fees must be paid.
• It is always advisable to retain a qualified fiancé(e) visa lawyer to help ensure that all of your documents are completely filled out and to avoid any unnecessary setbacks.

What Is the Cost of a K-1 Visa?

When applying for a K-1 fiance visa, there are several costs to consider. The first is the filing fee for the I-129F, which is $535. When the fiance who is sponsoring the beneficiary files the petition, he or she pays this fee. Fortunately, there is no fee for filing K-3 petitions if the same U.S. citizen sponsor has also filed an I-130 Petition of Alien Relative with the USCIS.

The cost of traveling to and from the US Consulate or Embassy for your interview is the second fiance visa cost to consider. Obviously, this will be determined by your mode of transportation and the distance between you and the consulate.

The third consideration is the cost of your attorney, which can vary greatly. On our Tahmidur Rahman Remura Wahid attorney fees page, you can see the flat fee that we charge.

What Can I Expect During the Interview?

The K-1 visa interview is intended to give immigration officers the opportunity to determine whether your relationship is a sham designed to allow you to enter the United States illegally. While this may appear to be a serious issue for those who have a legitimate relationship with their foreign fiancé, it should not be (e).

The officer will conduct the interview by asking you simple questions about your fiancé(e) and your relationship (for example, where he/she works, how long you’ve known him/her, and so on). Overall, the interview should be brief, and you should be on your way to obtaining a green card in no time.

Going over the specifics of your situation and relationship with an experienced fiance visa lawyer is a great way to ensure that you are as prepared as possible for the K-1 visa interview.

What Happens After Divorce?

Once married, your new spouse can apply for Adjustment of Status in order to work and live permanently in the country, effectively completing the K-1 visa process.

K-1 and K-2 visa holders may apply for employment authorization (EAD). It’s important to note that if you file the application before the Adjustment of Status, your EAD will expire within the 90-day period (when K-1 expires). As a result, applying afterward is recommended.

Obtaining a Social Security Card

Most people are curious about when they will receive a social security number after marriage. After providing an unexpired I-94, you can obtain an SSN. You must also have an EAD before applying for an SSN.

Tip: Applying for your SSN too soon may result in delays. Wait about two weeks after you arrive in the country. Otherwise, manual verification from the USCIS may be required because your arrival records may not yet be saved in the system.

Here’s how it works:

Bring your marriage certificate to the Social Security office to prove your new married name. If you want to change your name after your marriage is finalized, go to the Social Security office and present your marriage certificate.

What If I Am Denied a K-1 Visa?

Your K-1 visa may be denied for a variety of reasons. One of the more common and mundane reasons is that the I-129F contained incorrect, incomplete, or inconsistent information. In this case, simply correct the error and resubmit the petition with a new fee. The best way to avoid this delay is to have your petition reviewed by an immigration attorney before filing.

Another reason your visa may be denied is if the immigration officer at the US Consulate or Embassy is not convinced of your engagement’s legitimacy. Unfortunately, if there has been a high number of fraudulent applicants from your country, this can easily happen.

From a K-1 Visa to a Green Card

The process of transitioning from a K class visa to a green card differs from that of other immigrant visa categories. Nonimmigrants on all four K visas can apply to have their status adjusted to green card status under the Legal Immigration and Family Equity Act (or LIFE Act).

The I-130 Petition for Alien Relative is no longer required for K-1 and K-2 holders, which differs from the standard green card process. This was done to reduce the amount of time families would be separated while waiting for the petition’s priority date to be current. Instead, the USCIS states that if you meet the following criteria, all you need to do is file an I-485 application to transition from a K visa to a marriage-based green card.

You must meet the following requirements to be eligible:

be a K-1 visa holder have married your U.S. citizen fiancé(e) within the 90-day window be eligible to adjust your status have an available immigrant visa number be able to enter the U.S.
The timeframe for adjustment of status differs depending on the type of K visa you have:

Holders of K-1 visas (foreign fiancé(e)s) should update their statuses as soon as they marry their U.S. citizen fiancée (e).
K-2 holders (children of foreign fiancé(e)s) should adjust their statuses concurrently with their K-1 parent.
K-3 holders (foreign spouses) can change their status as soon as they enter the United States.
K-4 holders (children of foreign spouses) should update their immigration status at the same time as their K-3 parent.
As a K-1 applicant, you must consider how long it will take to get married and receive your marriage certificate before filing the I-485 to change your status from K-1 to green card.

Supporting Evidence Required

To make the change, you must submit the following documentation with your I-485:

Two passport photos that follow the Department of State’s guidelines.
G-325A form with your biographical information.
a photocopy of an official ID
a certified copy of your birth certificate
a photocopy of your passport with your K class visa
I-94 arrival and departure form
If you have a K-1 visa, your marriage certificate.
Form I-864, Affidavit of Support
A copy of any form or application you submitted in connection with your K class visa.
If you are a K-3 or K-4 holder, you must provide a copy of your pending I-130 petition.
The proper filing fees
Fiancé(e) Visa K-1 Questions and Answers

Q. What constitutes acceptable proof of a fiancé? (e) relationship?

Photographs of family and relationships, phone records, letters, cards, and so on. You will be asked questions during your interview to help the officer verify your relationship. Consult a K-1 Visa attorney to determine which other documents may be required.

Q. Can a K-1 Visa holder leave the United States?

When a K-1 visa holder arrives in the United States, he or she is not permitted to leave and re-enter on the same visa. If you plan to leave the country and then return, you should apply for a travel document with Form I-131 or change your status to legal permanent resident.

Q. Can a K-1 Visa holder work in the country?

You certainly can. They can, as previously stated, if they file Form I-765 for employment authorization and meet the other eligibility requirements.

Q. How long does it take to process a K-1 visa?

There is no exact answer because the time period varies greatly depending on the specifics of the case. The time it takes to process your I-129F petition, for example, is heavily dependent on how busy the USCIS service center is. When it comes to the interview, the same can be said for the US consulate or embassy.

However, the processing time for your green card is unlikely to be lengthy. Most green card applicants must wait until their priority date (the date their immigrant petition was received by the USCIS) is current with the final action dates posted in the Department of State’s monthly visa bulletin.

Those with K-1 and K-2 visa status, on the other hand, are not required to have an I-130 petition filed on their behalf and must instead wait until the I-485 is processed, which can take up to six months depending on the service center’s caseload.

It is best to consult a K-1 visa lawyer for more information on the total amount of time it will take to complete the K-1 process.

Q. Is there a limit to the number of petitions that can be filed?

If you have filed two or more K-1 visa applications in the past, you may be required to apply for a waiver. The same is true if you have had an approved K-1 petition within the last two years.

Q. Do I need a medical exam to change my status?

According to the USCIS, you will not be required to obtain a medical examination if:

You’ve already gotten one for your K-1 visa.
The I-485 was submitted within a year of the exam.
You were examined without a Class A condition, or you obtained a waiver of inadmissibility for your Class A condition.

Q. What are the ramifications of marriage fraud?

Those who commit marriage fraud face harsh penalties, including five years in prison, large fines, or both. At the very least, you will have marks on your immigration record that may make it difficult for you to apply for a visa or green card in the future. The bottom line is that you must ensure that your case is legitimate.

Financial Requirements for the K-1 Visa

To bring a fiancé(e) to the U.S., you must demonstrate that you can support your fiancé(e) at 100% of the Federal Poverty Guidelines. You can find the specifics on Form I-865P. If you cannot meet these criteria, your other option is to have a relative or friend agree to be the joint sponsor. This is essentially an agreement to share the K-1 beneficiary’s financial support responsibility.

Both K-1 and K-2 visa holders can file for employment authorization documents. Still, if they file the application before filing the Adjustment of Status, then the EAD will expire concurrently with the K-1 visa. For that reason, you should apply afterward.

Why Do I Need a K-1 Visa Attorney?

Tahmidur Rahman Remura Wahid Law Group K-1 visa attorneys have successfully obtained K-1 visas for foreign citizen fiancé(e)s for a number of clients in difficult situations.

Sponsoring a foreign fiancé(e) can be a stressful process. A Tahmidur Rahman Remura immigration Group K-1 fiancé(e) visa attorney can guide you every step of the way and relieve you of the burden of preparing and filing the necessary forms with supporting documentation. Fill out this contact form to schedule a consultation today if you want to take advantage of our expertise and our flat K-1 visa lawyer fees.

O1 US Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

O1 US Visa from Bangladesh: Advantages and Requirements

When it comes to working temporarily in the United States, the O-1 visa is unbeatable. The benefits are substantial, but obtaining an O-1 is no easy task. You’ll need to show that you’re a foreign national of extraordinary achievement, and there’s a lot that goes into that. In this post, we’ll look at how you can qualify and how the O-1 visa benefits apply to your specific situation.

An Overview of O-1

So, to properly weigh the benefits versus the qualifications, let’s start with some background on the O-1 visa. Obtaining a visa for extraordinary achievements necessitates, well, extraordinary achievements. This may appear to be a broad statement, but the USCIS has very specific requirements for evidence of extraordinary achievements.

The O-1 visa is divided into two subcategories that are similar but distinct: O-1A and O-1B. The O-1A visa is intended for individuals who have made outstanding contributions to science, athletics, business, or education (left-brainers, if you will). Here is a list of evidence you can use to obtain O-1A benefits:

• A well-known international honor, such as the Nobel Prize or an Olympic medal
• A lesser-known but nationally or internationally recognized award
• A membership in a specialized organization in your field
• Mentions of your published work in trade journals
• Scholarly articles in your field that you’ve written
• Other notable contributions to your field
• earning a high salary
• Being a judge or member of a panel of judges for your peers
• Holding key positions for prestigious organizations in your field

The O-1B, as you might expect, is more for right-brained people and is geared toward exceptional actors and artists. The criteria for this one differ slightly from those for the O-1A. You must provide proof of:

• A prestigious award, such as an Oscar or a Grammy
• A role as the lead in a well-known production
• Having received national or international acclaim for your accomplishments
• A leading and/or starring role in a well-known company
• Reviews, publications, or other media coverage that demonstrates your commercial success
• earning a high salary
• Recognition for your accomplishments from reputable organizations
• Remember that if you have a top-tier award, such as a Nobel Prize or an Oscar, you meet the requirement. If you do not have a top-level award, you must show evidence of at least three of the other items on the list above.

Furthermore, these lists are not exhaustive, and additional evidence can be used. Your immigration attorney can advise you on what can be used in this situation.

Benefits of an O-1 Visa

So, now that we know the requirements for this visa, we can look at the O-1 visa benefits that come with the prestige. In general, we will cover the following topics:

Cost\Sponsors\sValidity Green Card Process for Period Assistants and Family Members

What is the price?

When compared to other nonimmigrant visas, the O-1 is relatively inexpensive. You must pay the $460 basic filing fee for the I-129 petition and the $190 fee for the DS-160 online application as the petitioner (only if you are outside of the U.S. and are going through consular processing). You can also pay $1,225 for premium processing to have your I-129 processing time reduced from six months to just 15 calendar days.

So, without premium processing, the O-1 visa costs between $460 and $650. In comparison to the hefty H-1B fees, which can exceed $6,000 at times, and the loose E-2 visa investment of $150,000, the O-1 visa is relatively inexpensive.

Who is willing to sponsor me?

One frequently asked question is, “Can I self-petition?” While it is possible to self-petition or self-sponsor through visas such as the E class, it is not possible through an O-1.

So why did we include it on the list of O-1 visa benefits? This visa is advantageous due to the flexibility of your sponsor. The majority of visas that require a sponsor stipulate that the sponsor must be an employer. However, because O-1 visa applicants are frequently contracted rather than hired on an as-needed basis, the sponsor can be either an employer or a U.S. agent.

An agent is someone who is hired to represent the O-1 applicant’s employment and interests. To qualify for the O-1, you must not be committed to any one employer or actively seek a job offer. You simply need someone to represent you and sponsor your visa. However, that person must represent you for the duration of your O-1 visa stay.

You can also seek employment directly from a company. If this is the case, you must ensure that this employer is your sole employer. You cannot switch from one to the other to keep your status, and you will need to apply for a new O-1 visa once your contract with your employer expires.

How long is the validity period of an O-1 visa?

This is where the O-1 visa benefits really shine. Most other visas have a maximum stay period. The H-1B visa allows you to stay for six years, the L-1 for five to seven years, and the J-1 for five years on average. In contrast, the O-1 visa allows for a three-year initial stay with unlimited extensions. In essence, you can stay and work in the United States as long as you have O-1 status and meet the requirements for an O-1 extension. These extensions are granted in one-year increments, but they are not guaranteed.

To petition for an O-1 visa extension, you must submit the following documents:

• Another I-129 form, as well as the filing fee
• A copy of your I-94 arrival/departure card with a valid departure date; and
• A written statement from your agent or employer explaining why the extension is necessary and why your continued presence in the United States is required.

Family members and assistants

Another advantage of the O-1 visa is that you can bring your family with you under O-3 status, which is granted to your spouse and unmarried children under the age of 21. Their visa validity period will be the same as yours, and if you are granted an O-1 extension, it will be passed on to your O-3 family.

Under O-2 status, you can also bring along assistants who are considered essential to your work in the United States. Their status, like that of O-3 family members, is dependent on yours. If your status is extended, so will theirs. If your status is revoked, it affects theirs as well. Additionally, O-2 visa holders may bring their own family members under O-3 status.

Finally, O-2 and O-3 holders can change their status to lawful permanent resident, which we’ll discuss next.

Green Card from O-1 Visa

In the field of immigration law, a nonimmigrant visa with “dual intent” refers to one that allows the holder to pursue lawful permanent resident (green card) status while still a nonimmigrant. Not all visas are dual intent. The J-1, TN, and B-1 visas are notable exceptions.

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions. Your employer or agent cannot file the petition more than one year before they actually need your services. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment.

However, because the O-1 visa is considered dual intent, filing a petition for a green card will not jeopardize or otherwise negatively impact your status. This is the most valuable of the O-1 visa benefits for many people. If you want to make your stay in the United States permanent, here’s how to transition from O-1 status to green card.

You must first decide which green card you want to apply for. Because the qualifications are so similar, the majority of O-1 holders opt for the EB-1A for aliens of extraordinary achievement or the EB-1B for outstanding researchers and professors. Neither of these green cards requires a PERM Labor Certification, and the EB-1A does not require a job offer or a sponsoring employer, which is a significant benefit that allows you to keep your O-1 visa benefits. You can also apply for the EB-2 green card, which requires a PERM, a job offer, and a sponsor.

Once you’ve decided which green card path to take, you’ll need to file an I-140 petition. As your O-1 agent cannot petition for you, you must petition for yourself or your employer. When the USCIS receives your petition, that date becomes your priority date. It is your responsibility to keep up with the most recent final action dates on the monthly visa bulletin. Once you see that the final action date for your green card category and country has matched or passed your priority date, you will be able to proceed to the next step.

When your priority date is current, you can file an I-485 with the USCIS and pay the appropriate fees to have your status changed from O-1 to green card status. This process can take several years or only a few months, depending on which green card you choose and the final action dates in the visa bulletin. Speak with your immigration attorney to learn more about your specific situation.

O-1 Visa Requirements

To be eligible for an O-1 Visa, you must demonstrate “extraordinary ability” by receiving national or international recognition or acclaim. Given the qualifications, the O-1 Visa approval rate is relatively low; however, it’s worth investigating whether you might be eligible. You must also continue to work or perform in that field. Although the term “extraordinary” is generally subjective, it has some distinct definitions in this case.

“Extraordinary abilities” in science, business, athletics, and education refer to a level of verifiable expertise that elevates you above others in your field. This means you are among a small group of people at the top of your industry.

“Extraordinary ability” in the arts refers to notoriety or distinction. This means you’ve reached a level of proficiency that has earned you recognition in the arts community. You may be eligible if you are well-known or a leader in your field of the arts.

If you work in film or television, you must have achieved recognition or notoriety in your field. This means that your previous work was so exceptional that the industry recognized you. You may be eligible if your previous work has earned you verifiable recognition.

In each category, you may be able to demonstrate your extraordinary status by receiving industry awards, achieving notable success in specific endeavors, or displaying unique skill.

Obtaining an O-1 Visa

Any visa application requires close attention to detail; if you make a mistake or incorrectly represent yourself, your 0-1 visa will be denied. The O-1 Visa application process begins with the submission of a Form I-129, Petition for Nonimmigrant Worker, to the United States Citizen and Immigration Services. The form should be submitted no more than a year in advance and no later than 45 days before your arrival in the country.

The Form I-129 and Consultation

The Form I-129 must also be accompanied by a consultation opinion that includes evidence from a credible source that the alien possesses extraordinary abilities, as well as a description of the proposed work that the O-1 Visa holder will be performing. The consultant must be a member of a “peer group” or have expertise in the relevant field.

A labor organization or guild in the respective field is typically referred to as a peer group. For example, if you are an instrumental musician, you can consult with the American Guild of Musical Artists. If no relevant guild or labor union is available, a person with specific expertise in the alien’s area of notoriety can be used.

If the consultant employs a watermark to verify their authenticity, ensure that the original version with the watermark is submitted to the USCIS. Make duplicates and keep them for your own records. Otherwise, sending a watermarked copy or an unwatermarked version may appear fraudulent or unauthentic.

Exceptions to Consultation

If certain circumstances apply, there are a few exceptions to the consultation requirement. You may not need the consultation if you can demonstrate that there is no peer group or labor organization in your field of expertise. Instead, the decision will be based on the evidence you present.

You may also be exempt from your consultation if you work in the arts and have previously visited the United States on an O-1 visa. If it has been less than two years since your last consultation and you are seeking readmission, the USCIS may waive the need for a second consultation.

Contract for O-1 Visa Petitioner and Beneficiary

The O-1 petitioner is usually an employer or a colleague who wants to bring an exceptional alien into the United States for a job or performance. As proof of the employment agreement, a copy of the written contract between the petitioner and the visiting alien is required. A written summary of an oral agreement can also be sent.

If you choose to include a summary of an oral agreement rather than a written contract, include anything that can add authenticity or clarity to the agreement’s terms. If you discussed terms via email, send copies as proof. Otherwise, write down the entire set of terms, including what the employer offered and what the visiting employee accepted.

Visa Extension for O-1

When you apply for an O-1 visa, your stay in the United States is limited to the duration of your event. This is known as the validity period. You also have 10 days before the validity period begins and 10 days after it ends to visit the United States.

The initial period of stay cannot exceed three years. You may, however, extend your stay if the authorized employment requires more time. An O Visa is unique in that there is no limit to the number of times you can extend your stay. However, in order to avoid an extension denial, your O-1 visa extension application must be complete and strong.

To apply for an extension, you must submit three documents to the USCIS:

• A Petition for Nonimmigrant Worker, Form I-129. This form serves several functions, one of which is to extend the time an O-1 Visa holder can stay in the United States.
• A copy of the I-94, Arrival and Departure Form The record that the visa holder was given when entering the United States (possibly on the plane). When entering the country, any non-citizen must fill out this form. It keeps track of your arrival date and your original departure date.
• A statement from the employer explaining why the stay should be extended. This should be a detailed explanation of why the project was delayed or needs to take longer.
• If the beneficiary is accompanied by a spouse or children, they must also file Form I-539 Extend/Change Nonimmigrant Status. This should ideally be filled concurrently.

Employer Transfer for O-1 Visa

If you want to change jobs while on an O-1 visa, your new employer must file Form I-129. If there is a “material change” in your work, you must also file this form. This is a broad term that refers to any significant change in the nature of your work or in your working environment.

For example, if your job title changes due to a promotion or demotion, if you receive a raise, or if you relocate your office, this will be considered a material change.

If you are fired for any reason other than voluntarily resigning, your employer must provide funds for you to return to your last place of residence before entering the US. If the petition was filed by an agent, the agent is jointly liable with the employer for transportation funds.

Change of Status on an O-1 Visa

In some cases, an O-1 visa holder may apply for a change of status (COS) to another non-immigrant status or even permanent residency. This is due to the fact that the O-1 visa classification is considered to have “dual intent,” which means that, unlike other work visas such as the TN and J-1, you can pursue your green card while on O-1 status. If you are in the United States and want to change your status, you must first meet the following requirements:

• Been granted non-immigrant status in the country (like O-1)
• Have not committed a crime or any other act that would disqualify them from receiving immigrant benefits
• There can’t be any outstanding issues that force them to leave the country before changing classifications.
• A change of status application must be requested prior to the expiration date of the I-94.

Advantages of the O-1 Visa over H-1B and Other Work Visas

Because the H-1B visa and the O-1 visa have many of the same eligibility requirements, people frequently wonder which is better. An O-1 visa has three distinct advantages over an H-1B visa. The first benefit is that there is no annual fee.

The first advantage is that there is no annual quota on H-1B visas. The H-1B visa is limited to 65,000 in the regular cap and an additional 20,000 in the master’s exemption each year. The O-1, on the other hand, has no annual quota and is open to anyone who meets the qualifications.

The ability to extend your O-1 visa in one-year increments after the initial three-year granting period is the second advantage. These extensions can be granted indefinitely as long as the visa holder maintains his or her nonimmigrant status and can demonstrate that an extended stay in the United States is required to complete the work that brought the beneficiary to the country in the first place.

More information on O-1 visa extensions can be found in this guide. The H-1B visa is also initially granted for three years. Following that, there is an option to extend it for two years and possibly one more (though this is not guaranteed).

Individuals on a J-1 Exchange Visitor visa are usually required to return home for two years as part of the residency requirement before applying for a H visa, L visa, or Lawful Permanent Resident status. Those who choose the O-1 option may be able to return to the United States without having to fulfill the two-year foreign residency requirement.

Sponsor of an O-1 visa

O-1 visa sponsors are typically divided into two categories: agents and employers. As you might expect, an employer is a company or individual for whom the applicant will be working or providing services. An agent, on the other hand, is hired to represent the applicant’s skills and find suitable work for them.

The following are the three critical components that a sponsor must provide on behalf of the applicant:

Name, address, tax ID number, gross income, net income, number of employees, and so on.
A signed petition requests that the individual be granted work authorization.
Sincere willingness to collaborate with them in the manner suggested.

Fees for O-1 Processing

Let’s start by breaking down the process to determine the O-1 processing fees required for each step. The following are the required O-1 visa fees for 2020:

The basic I-129 filing fee is $460, and it must be paid each time this petition is filed. This includes both extensions and amendments.
The DS-160 filing fee is $190.

Along with the mandatory O-1 processing fees, there may be additional costs to consider, such as:

Travel expenses to and from the United States embassy or consulate, as well as travel to the United States once the visa has been obtained
Attorney fees – Tahmidur Rahman Remura Wahid Law Group charges a flat rate for O-1 visa services. They are available on the fees page.
If you intend to bring your spouse or children to the United States, they will need to file an I-539 form when they are ready to extend their status. This form has a filing fee of $370.

You are not required to wait six months for your I-129 petition to be processed. The USCIS provides premium processing to those who submit an I-907 form with an additional O-1 processing fee of $1,440. This effectively reduces the time it takes to process your I-129 petition from six months to 15 calendar days.

Important: The USCIS recently announced that premium processing for all H-1B visa petitions will be suspended in 2020. This, however, only applies to the H-1B visa. This suspension does not apply if you are filing an I-129 petition for an O-1 visa.

If you do not choose premium processing, you will be charged a total of $650 in mandatory O-1 processing fees. However, depending on your situation and whether or not you choose to hire an immigration attorney, you may incur additional costs.

Is a Refund Available?

The USCIS is not in the business of issuing refunds. However, they have stated that there are a few specific situations in which an O-1 processing fee refund is possible:

If the USCIS has requested an unnecessary form with a fee.
If the USCIS has requested a fee payment that is greater than the amount stated on their website.
If the USCIS does not process your I-129 petition within 15 calendar days after you have paid the premium processing fee.
What is the best way for me to make these payments?

The USCIS requires you to pay the O-1 processing fees with a money order or a cashier’s check. It is generally recommended that each payment be made in separate checks or money orders, as adding them together may cause complications. Speak with your immigration attorney about the best way to pay your O-1 processing fees.

Fees for O-1 Visa Extension

As previously stated, another significant benefit of the O-1 visa is the ability to extend it indefinitely if the work that brought you to the United States has not been completed. You only need the following documents to extend or renew your visa:

• A new I-129 petition and the $460 O-1 processing fee are required.
• A copy of your I-94 arrival/departure form
• A written statement explaining why the extension is required
• If your spouse or dependents want to renew their visas, you’ll need an I-539 form and a $370 filing fee.

Is it Possible to Change Jobs?

To transfer your O-1 status to a new employer, the new employer must file a new I-129 petition along with the $460 O-1 processing fee.

2023 O-1 Visa Processing Time

You may also be wondering how long it will take to process your O-1 visa from start to finish. To find out, we must dissect each step and estimate the processing time.

The I-129 petition typically takes six months to process. This, however, is heavily dependent on the caseload of your service center. Using premium processing will reduce this time to 15 calendar days.
You should also consider how much time it will take to collect and organize the evidence needed to prove your eligibility for the O-1 visa.
If you are outside of the United States and require consular processing, the O-1 processing time may be extended depending on when the consulate or embassy schedules your interview appointment.

How Tahmidur Rahman Remura Wahid Immigration Lawyers Can Assist

When it comes to a visa as prestigious as the O-1, the stakes can be high, and the possibility of making an innocent mistake can make filing your petition a nerve-racking experience. Protecting your investment is most likely a top priority for you and your case, and the best way to do so is to hire an expert to assist you in utilizing the O-1 visa benefits.

We’ve helped countless O-1 applicants and petitioners determine their eligibility, organize their documentation, file their petition, and address any issues such as Requests for Evidence at Tahmidur Rahman Remura . With Tahmidur Rahman Remura ‘s experienced team of dedicated immigration attorneys on your side, you can rest assured that your case is in good hands.

Fill out our contact form to schedule a consultation with a Tahmidur Rahman Remura Wahid Law Group lawyer today.

The L-1 visa Intracompany Transferee Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

The L-1 visa Intracompany Transferee Visa:

The L-1 visa category (Intracompany Transferee Visa) allows multinational corporations to transfer specific types of employees from a qualified foreign office to the United States to continue employment. This is extremely beneficial for companies doing business in both the United States and other countries, as it is sometimes necessary to transfer employees between offices in different countries.

Remura Mahbub , a L-1 visa Barrister, has successfully obtained an L-1 visa for professionals in a variety of industries, including technology, trading, and manufacturing. L-1 visa lawyers at Tahmidur Rahman Remura Wahid Immigration Lawyers and Barristers specialize in assisting start-up companies in obtaining an L-1 visa for foreign-based employees. When H-1B visas were not available, Tahmidur Rahman Remura Wahid Law Group L-1 visa attorneys assisted our business clients in transferring employees using an L-1 visa.

Requirements for an L-1 Visa

The employee’s company must meet two requirements in order to receive either type of L-1 visa. First, a recognized relationship must exist between a business in a foreign country and a business in the United States. A parent, affiliate, subsidiary, or branch relationship can exist.

Second, the company must be doing business in the US and at least one other country, or have plans to do so during the L-1 visa period. The employee must also have worked for the foreign company for at least one year in the previous three years.

L-1 Visa Categories

L-1 visas are available for two types of workers. Executives and managers must apply for and be granted an L-1A visa. These are employees with significant decision-making or supervisory responsibilities.

Other foreign employees may apply for an L-1B visa, which is available for workers who have specialized knowledge of the company’s products, processes, organization, and equipment, among other things. In general, it is only available if the specific employee is required for the operation of the business in the United States.

L-1A Visa Requirements

To be eligible for L-1A, Intracompany Transferee for Executives and Managers, the employee must have worked for the company for at least one year in the previous three years. That one year must be continuous and uninterrupted. The employee must have either executive or managerial abilities. In other words, the employee must be able to make company-wide decisions as well as supervise and control the work of others.

L-1B Visa Requirements

To be eligible for L-1B, Intra Company Transferee Specialized Knowledge, the employer must have worked for the company for at least one year in the previous three years. The employee must have advanced specialized knowledge or expertise that is critical to the company’s operations.

L-1 Visa Advantages

Although there are several types of employment-based visas available to foreign workers, those who are eligible should apply for an L-1 visa because it provides some important benefits.

L-2 visas are available to the spouses and dependents of L-1 visa holders. Unlike the H-4 visa, which is a dependent visa for H-1B spouses, the L-2 visa allows the holder to work in the US during their stay.
The L-1 visa has no numerical restrictions. While the H-1B visa is only available in a limited number of cases each year.
The most significant advantage of an L-1 visa is that companies can file blanket petitions for their employees to qualify for either an L-1A or L-1B visa.
An L-1 visa is also frequently renewable for 5 to 7 years, whereas a temporary business visa (B-2) is only valid for one year.
If you have an L-1A visa, you are a prime candidate for an E-B1C green card for managers and executives, which is a great option if you want to live in the United States permanently.
List of L-1 Visa Advantages

Who is eligible for an L-1 visa?

Without a doubt, there are numerous advantages to applying for an L-1 visa. The following are some of the reasons why this visa might be right for you.

Your goal is to obtain a green card in the future. L-1 is a dual-intent visa, which means that L-1 holders can apply for lawful permanent residence if they meet the requirements. Many foreign workers find the L-1 visa appealing because of this option.

You do not meet the requirements for other US visas, such as the O-1, and you are ineligible for the TN visa. In those cases, the relatively simple requirements of L-1 could be decisive.

You don’t want to look for a new job or work for a different company in the United States. You will work for the same company as in your home country, but for its American counterpart, with the L-1 visa. As a result, you are essentially transferring within the company rather than starting a new job at a different company.

You don’t have the luxury of waiting for priority dates. Unlike H-1B visas, there are no annual limits for L-1 visa applicants. This means you won’t have to endure the long wait and then the lottery result.

You want to stay for an extended period of time. If your extension application is approved, you can stay in the United States for up to 7 years with the L-1A and up to 5 years with the L-1B. The L-1 visa allows for a significantly longer stay than other visas.

Your spouse and children are welcome to work in the United States. This is an option that is not available on all U.S. visas. Your spouse and children can enter the United States on the L-2 visa, making them eligible for an EAD.

What is the L-1 Visa Application Process?

In comparison to other visas, obtaining an L-1 visa is a relatively simple process:

To begin, the applicant must file an I-129 form with the US Citizenship and Immigration Service, along with documentation proving the company’s and the employee’s eligibility for an L-1 visa.
If the application is approved, the USCIS will issue a notice of action. This will allow the applicant to apply for a visa at a US embassy or consulate in his or her home country if he or she is outside of the United States, or to apply for a change of status while inside the country.
If you are outside the United States and require consular processing, you must complete a DS-160 online visa application and bring the confirmation to the consulate or embassy, along with the filing fee. After that, you will have a personal interview with an immigration officer to determine your eligibility for the L-1 visa.
If you pass the interview, you will be issued an L-1 visa and will be able to begin working for your employer in the United States.

Documents Required for an L-1 Visa

An L-1 visa application requires the submission of numerous documents. Because this is an employment-based visa, both the employer and the employee must present relevant documentation during the application process.

Your employer will almost certainly be required to submit the following documents for both the domestic and foreign companies:

Financial statements, corporate bylaws, articles of incorporation, a description of business activities, tax filings, audited accounts, and a variety of other documents
Now, the employee must submit a new set of documents that the USCIS will consider during the L-1 visa application process. These documents are as follows:

Diplomas or certificates of education; Income tax returns;
Valid passport with at least six months remaining before expiration; two passport photos; a letter of recommendation from a supervisor;
A letter from the employer requesting an L-1 visa; a letter of employment verification; and an up-to-date resume.
Although you are very likely to be required to submit the documents listed above, depending on your background and the nature of your employment, you may be required to submit additional documents. It is critical to seek the advice of an experienced immigration attorney regarding the necessary documents for the L-1 visa application.

How Long Does It Take to Get an L-1 Visa?

Because each USCIS service center that processes petitions has a different workload, your I-129 processing time may vary greatly. However, many attorneys account for a general average of six months when considering processing time.

Because both the L-1A and L-1B require the I-129 petition, the processing times for the two petitions are the same.

Superior Processing

Premium processing is available for all visas that use the I-129 or I-140 petition forms. This feature can reduce your L-1 processing time from six months to 15 calendar days. If the USCIS fails to process your petition within the time frame specified, your employer’s fee will be refunded.

While premium processing does not guarantee that your petition will be approved, it may be a useful tool if you need to enter the United States as soon as possible. Speak with your L-1 visa attorney to see if this service is appropriate for your situation.

Fees for L-1 Visas

The following is a breakdown of the fees associated with obtaining your L-1 visa:

• The basic I-129 filing fee is $460.
• Anti-Fraud Fee: $500
• 113-114 Public Law Fee: $4,500. This fee is only applicable if your company has more than 50 employees, with more than half of them on L-1A, L-1B, or H-1B visas.
• ACWIA Training and Education Fee: $750 for employers with 25 or fewer employees. $1,500 for employers with 26 or more employees.
• Fee for DS-160 application (only for consular processing): $160
• It is important to note that all of the above fees are the responsibility of your employer, not yours. Furthermore, the ACWIA and Public Law fees are one-time only and do not apply to L-1 transfers or extensions.

Other optional fees you may encounter include those for an immigration attorney (see our fees here) and the $1,440 premium processing fee, which can be paid by you, the beneficiary, or your employer.

Blanket Petition L-1

L-1 blanket petitions allow qualified employees to bypass the I-129 form and go straight to a visa processing embassy or consulate. Companies must meet the L-1 general requirements and have three or more branches, affiliates, or subsidiaries to be eligible for blanket permission.

Companies must also have applied for 10 or more L-1 visas in the previous 12 months, have at least $25 million in combined annual sales in the United States, or employ at least 1,000 people in the United States.

Evidence Requests for L-1 Visas

If the USCIS discovers an error or inconsistency in your petition, they may issue you a Request for Evidence (RFE) rather than deny it outright. This RFE will address any concerns the USCIS has about the petition, such as incomplete or insufficient information, a lack of qualifications, or concerns about the company.

If you receive an RFE, bring it to your immigration attorney as soon as possible. There is a relatively short window for responding. If you do not respond in a timely manner, your L-1 visa petition may be denied.

How to Request an L-1 Visa Extension

The process for obtaining an L-1 visa extension or renewal shares many steps with the process for obtaining the original visa. Your employer must file a new petition for you before the I-94 departure date expires.

Along with the petition, you will need several documents, including letters of support and information from your employer about your position over the previous three years of your L-1 stay.

Fortunately, if you spent any time abroad during your stay, you may be able to use that time to extend your L-1 visa even further. You will need to present physical documents as proof that you left the country to do so (e.g. boarding passes, plane tickets, etc.)

How to File

Your employer must:

• Review the instructions for Form I-129, Petition for a Nonimmigrant Worker;
• Complete and sign Form I-129;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation, including a duplicate copy of your Form I-129 and all supporting documentation, even if they are filing the Form I-129 to seek a change of status (COS) or extension of stay (EOS) on your behalf.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

After You File

Once we receive your Form I-129, we will process your petition and your employer will receive a:

• Receipt notice confirming we received the petition;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• A notice of our decision.

Forms and Fees

• Form I-129
• Find the fee information on Our Fee Schedule page. 

How Can Tahmidur Rahman Remura Wahid Law Associates L-1 Visa Attorneys Assist You?

It pays to have an expert on your side in any situation involving the complexities of immigration law. This will assist you in avoiding delays or obstacles that could cost you both time and money. It is best to hire an immigration attorney to ensure that your L-1 visa petition is filed correctly the first time.

At Tahmidur Rahman Remura , we can assist you in developing a corporate strategy for requesting and receiving blanket L-1 visa petitions. Lawyers at Tahmidur Rahman Remura Wahid Law Group can also help with an L-1 visa to H1B visa status change.

The Tahmidur Rahman Remura Wahid Law Group L-1 attorneys have extensive experience in EB-1 green card applications for L-1A visa holders. Our lawyers can make certain that your extension requests are filed and processed on time and without errors.

We also provide expert review of all L-1 visa documentation to avoid unnecessary processing delays. We can help you get on the fast track to working in the United States by streamlining the application process. If you would like to schedule a consultation with a Tahmidur Rahman Remura Wahid Law Group L-1 visa lawyer, please fill out this simple form.

E2 Investor US Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

E2 Investor US Visa from Bangladesh

There are numerous ways to live and work in the United States. However, the E-2 visa is one of the few ways for a foreign entrepreneur to start their own business. The application process for this visa is relatively simple when compared to popular visas such as the H-1B, but qualifying is a different story. Learn about the requirements for the E-2 treaty investor visa.

E-2 treaty investor visas are nonimmigrant visas reserved for foreign entrepreneurs from countries with which the United States has a Treaty of Trade and Commerce. Essentially, this visa allows the foreign investor to develop or carry out the business’s investment/trade activities.

The definition of investment activities is frequently ambiguous. The investment must be substantial and made with appropriate funds in order to qualify for the E-2 visa (either personal funds or a loan secured with property).

A significant amount of capital is associated with the total cost of purchasing or establishing the business. It must be sufficient to ensure successful operations as well as adequate to grow the business.

To be eligible for E-2 status, the treaty investor must:

Be a national of a country with which the United States has a commerce and navigation treaty.
Have invested, or are actively considering investing, a significant amount of capital in a legitimate enterprise in the United States
Be looking to enter the US solely to develop and direct the investment venture. This is demonstrated by demonstrating at least 50% ownership of the enterprise or operational control through a managerial position or other corporate device.
An investment is the treaty investor’s commercial placement of capital, including funds and/or other assets, with the goal of generating a profit. If the investment fails, the capital must be subject to a partial or total loss. The treaty investor must demonstrate that the funds were not obtained directly or indirectly through criminal activity. For more information, see 8 CFR 214.2(e)(12).

A significant amount of capital is:

Significant in comparison to the total cost of either purchasing an existing business or establishing a new one.
Enough to ensure the treaty investor’s financial commitment to the enterprise’s success.
Amount sufficient to support the prospect that the treaty investor will successfully develop and direct the enterprise. The lower the enterprise cost, the higher the proportionate investment must be to be considered significant.
Treaty visa E-2

Here’s an illustration:

Peter wants to invest in a small flower shop worth $200,000, whereas Sandra wants to invest in a $8 million restaurant chain. To qualify for an E-2 visa, Peter will most likely need to invest the value of the flower shop. Sandra, on the other hand, will most likely be able to qualify by investing 10-15% of the restaurant chain’s value.

A genuine enterprise is a legitimate, active, and profitable commercial or entrepreneurial venture that produces services or goods for profit. It must comply with all applicable legal requirements in order to conduct business within its jurisdiction.

Marginal Businesses

The investment venture may not be insignificant. A marginal enterprise is one that does not have the current or future capacity to generate more than enough income to provide the treaty investor and his or her family with a minimum standard of living.

Depending on the circumstances, a new business may not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise must be able to generate such income within five years of the treaty investor’s E-2 classification beginning. 8 CFR 214.2(e) (15).

E-2 processing time is typically 2-4 weeks from the time of filing. Some US embassies may take longer to process. Be aware that depending on the specifics of your case, additional time may be required. Your processing time will be more accurately explained by an E-2 lawyer.

Countries with E-2 Treaty Investor Visas

The E-2 investor trader visa is only available to citizens of countries with which the United States has a treaty. The Department of State keeps an up-to-date list of these countries. To be eligible, you must be a British national and a resident of the British Isles.

It is important to note that you do not have to be currently residing in the treaty country to be eligible for an E-2 visa. You simply must be a citizen of that country. Furthermore, any workers or family members you bring with you through your E-2 status do not have to be from your treaty country.

The Benefits of an E-2 Treaty Investor Visa

On an E-2 Treaty Investor Visa, you can enjoy a number of benefits, including:

• Freedom to enter and exit the United States
• Work legally in the United States for the company.
• Stay in the country for an extended period of time with extensions available.
• Employers may accompany you under your E-2 status.
• Allow dependents or relatives to accompany you while working in the United States.
• Spouses and children (under 21 years old and unmarried) may be granted derivative E visas to accompany the principal visa holder. An E visa holder’s spouse may apply to DHS for work authorization. Dependent children of E visa holders are not permitted to work in the United States.
• Dependents can attend public and private schools in the United States, as well as colleges and universities, without the need for an F1 visa.
• Spouses and dependents may also apply for EADs (employment authorization documents) to work in the United States.

The Drawbacks of the E-2 Treaty Investor Visa

Each visa has advantages and disadvantages. Depending on your circumstances, the E-2 visa may not be appropriate for you. The following are some of the most common reasons why the E-2 visa may not be appropriate or desirable:

Only nationals of countries with investment treaties are eligible (see list above)
Must work for the specific company to which the E-2 visa is linked. Approved in increments of two years, so the application process may be complicated depending on the time length you require.
Stay Duration

Qualified treaty investors and employees will be granted a two-year initial stay. Requests for extensions of stay may be granted in two-year increments. There is no maximum number of extensions that an E-2 nonimmigrant may be granted. When their status expires or is terminated, all E-2 nonimmigrants must maintain an intention to leave the United States.

When returning to the United States, an E-2 nonimmigrant may be granted an automatic two-year period of readmission. Please keep in mind that, while your E-2 visa may be issued for 3 months or up to 5 years (depending on reciprocity laws with your country of nationality), your period of authorized stay in the United States is determined by your I-94, which is issued when you enter the country with an E-2 visa.

Making an E-2 Visa Application

It is best to consult with an immigration attorney to learn about any additional benefits or drawbacks that may apply. If you are currently in the United States, you must submit a visa application to the USCIS service center. Otherwise, send your application to your home country’s consulate.

If you are currently in the United States under a different nonimmigrant status, your status will be changed to E-2 once your I-129 is approved. If you are outside the country, you will almost certainly need to fill out a DS-160 online nonimmigrant visa application and bring it with you to your consular interview. An officer will review your case and supporting documents during the E-2 interview to determine whether your case is legitimate. The most important thing to remember is to be truthful, even if you don’t know the answer to a question.

Employees and their families

One of the benefits we mentioned was the ability to bring your family as well as employees to help you advance your business. It is important to note that the nationalities of your family or employees do not have to be from a treaty country; this requirement only applies to the principal beneficiary. Spouses of E-2 investors and workers may also apply for work authorization using Form I-765.

Fees for E-2 Visas

A notable advantage of the E-2 visa is that, aside from the initial investment, the cost of filing is relatively low when compared to other common nonimmigrant visas such as the H-1B or the L-1. The following are the E-2 visa fees to be aware of:

• All I-129 petitions require a $460 filing fee.
• If you are filing the petition while abroad, you must file a DS-160 application, which costs $205.
• In many cases, you will be required to schedule a biometrics appointment, primarily to have your fingerprints taken. You will be charged a $85 fee in this case.
• Remember that your family can accompany you as well as your employees, but each one requires a separate I-129 form.
• Additionally, you can pay an additional fee of $1,440 to have your petition processed in 15 calendar days. Remember that this does not increase your chances of approval; it simply shortens the time it takes to process your petition.
• Visa Rejection for E-2

One of the most common concerns when applying for a visa is that it will be denied or rejected. Let’s go over why this could happen to your E-2, how to avoid it, and what to do if you receive an unfavorable decision.

First, we must recognize the distinction between rejection and denial. When a petition is received by the USCIS, it goes through two stages. An evaluating officer will perform a cursory check in the first phase to ensure that all required information is completed, all required documentation is present, and all fees are correct. If your petition fails this test, it will most likely be rejected.

Petition to USCIS

If your petition passes this first stage, the officer will examine it more closely. He or she will review the supporting documentation to determine whether your case qualifies for an E-2 visa. Otherwise, your petition may be denied. You may also receive a request for evidence (RFE) if additional supporting documentation would be beneficial to your case.

If you receive a rejection, work with your immigration attorney to determine the exact error or omission that caused the rejection and correct it before refiling. You will, however, be responsible for a new filing fee and petition. If your petition is denied, you will most likely face a more serious problem, as your case was denied on the basis of merit. This could be because your investment was insignificant, or you were deemed ineligible to advance the enterprise. Your immigration lawyer can explain the reasoning behind it to you.

Fortunately, if your E-2 petition is denied, you may have options. Depending on your circumstances, you may be able to file a legal motion or appeal the decision, both of which should be done with the assistance of a qualified attorney.

Following an E-2 visa denial, two legal actions can be taken: a motion to reopen and a motion to reconsider. In a motion to reopen, you would ask for your closed case to be reopened because new documentation or evidence has come to light that could change the outcome of the decision. If, on the other hand, you believe the evaluating officer’s decision was incorrect and you (or, more likely, your attorney) are willing to argue this legally, you may want to file a motion to reconsider.

Finally, you may be able to appeal the decision to a third party. The Administrative Appeals Office hears these cases and has the authority to uphold or reverse the evaluating officer’s decision. Consult with your attorney to determine how to proceed.

Changing an E-2 Visa to a Green Card

Transitioning from a nonimmigrant (temporary) visa to an immigrant visa (green card) is often a lengthy and complicated process, particularly with certain types of green cards. Most E-2 visa holders apply for an employment- or investment-based green card, which may or may not be applicable to you depending on your circumstances. Here are some popular options:

• The EB-5 visa is for foreign investors.
• The EB-1 visa is intended for exceptional aliens, outstanding researchers and professors, or multinational executives and managers.
• The EB-2 visa is reserved for those with a master’s degree or exceptional ability in their field.
• While it is uncommon for E-2 visa holders to apply for an EB-2 green card, it does occur. In this case, be sure to read our guide on PERM Labor Certification to gain a better understanding of the process.

The EB-1 visa is attainable, particularly if you can demonstrate exceptional achievement. You can apply for this qualification without the need for a sponsoring employer.

However, because the requirements are similar, one of the most common green cards that E-2 visa holders petition for is the EB-5. To qualify for an EB-5, you must invest at least $1 million in a U.S. enterprise or $500,000 in a rural or high-unemployment area.

Once you’ve invested the funds, you’ll need to submit an I-526 petition to the USCIS along with the required fees to begin the EB-5 process (if you are going for the EB-1 or EB-2, you will need to send the I-140 petition). The date they receive your petition will be your priority date. You should keep that date handy and compare it to the final action dates listed in the Department of State’s monthly newsletter. When your priority date matches or exceeds the final action date specified in your green card category and country of origin, your priority date is considered current, a visa number is issued, and you can proceed to the next step.

Once your priority date is current, you will have two options: status adjustment or consular processing. Because you are already in the United States on a nonimmigrant visa (e.g., your E-2 visa), you can simply file an I-485 application to have your status changed from nonimmigrant to immigrant. Although this is the quickest route, it takes an average of six months and can be quite expensive depending on your age.

If you choose to use consular processing, you can travel to your home country’s US Consulate or Embassy and participate in a one-on-one interview with an immigration officer. This usually costs less (excluding travel expenses) and takes less time, so you and your attorney can decide which path is best for you. In either case, your green card will be issued once your application is approved.

How a Tahmidur Rahman Remura Wahid TRW immigration law firm E-2 Lawyer Can Assist

As an investor, you are probably aware that failing to protect your investment can result in devastating time and financial losses. Hiring an immigration attorney with extensive experience in E-2 visas is critical to ensuring that no simple mistakes prevent you from realizing your dream in the United States.

Looking for an experienced E-2 visa lawyer? Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group’s attorneys can assist you in filing an E-2 visa based on USCIS and US Department of State guidelines. We have assisted countless other investors in getting started in this country. During your consultation, we’ll explain which course of action is best for your situation. If we determine that you do not meet the requirements for an E-2 visa, we will investigate what other non-immigrant status options may be available to you.

Fill out this contact form to schedule your consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group immigration attorney today.

Validity of E-2 Visa

E-2 visas are valid for five years and can be renewed with two-year extensions as long as you meet the requirements. However, you are not permitted to stay in the United States for five years without leaving; you must renew your E-2 visa after two years. You should be aware of some distinctions for specific countries because they may affect the validity period in your case.

You can now apply for a 2-year extension after your 5-year period expires. There are currently no restrictions on the number of extensions you can obtain.

How to Request an E-2 Visa Extension

Assume you are still on your original 5-year E-2 visa term and are ready to apply for an E-2 extension because you are approaching the 2-year mark. The procedure is extremely simple. There are two options for extending your status.

The first option is to receive an extension when you re-enter the United States as long as you meet the requirements of the visa. This may not be convenient or manageable depending on your travel schedule.

If you do not intend to leave the United States before your visa expires, the second option is to apply for an extension of stay. E-2 visa extensions are granted in 2-year increments. To request an extension of stay, you must submit the following documents:

• Petition for Non-immigrant Worker, Form I-129
• Application to Extend or Change Nonimmigrant Status, Form I-539
• Form I-94 Arrival/Departure document copy
• Original Form I-797, Notice of Action, copied (if status was previously extended or approved)
• Passport photocopy and E-2 visa
• Employer letter demonstrating the need for an extension
• Personal and business tax returns from the previous two years, as well as payroll tax returns
• It is important to note that if you file the extension before your I-94 expires, you can continue to work for 240 days pending the decision. If you file after the expiration date, you can only stay for 40 days pending the decision. What happens if you don’t hear back within 40 days? You will be required to stop working and leave the United States.

How to Request an E-2 Visa Renewal

Assume your original 5-year period (which varies by country) is coming to an end and you are ready to apply for an E-2 visa renewal. This renewal will give you another two years of residency in the United States and can be applied for as many times as you want. When applying for renewal, you have two options, depending on where you apply:

If you are applying from outside the United States, you must do so through a United States consulate.
If you are applying from within the United States, you must use the USCIS process.
A large number of documents must be submitted. In fact, this is a very complex area of US immigration law, and it is recommended that you consult with an experienced attorney to ensure that your application is properly submitted. The performance of your US venture and the need for you to be physically present in the US will be important assessment factors in your renewal.

What to Do If You Are Denied

As long as you meet the renewal requirements, your E-2 visa extension is unlikely to be denied. However, some E-2 visa holders are unable to extend their visas.

For example, your 2-year extension is extremely unlikely to be denied at the border. Border control officers frequently deal with these types of renewals, and you should not be denied unless you have violated US laws or immigration regulations. If you have trouble renewing your visa at the border, you can still use the second option and file Form I-129.

Assume the worst-case scenario occurs, and your renewal or extension is denied. The first thing you should know is that you will receive a detailed statement outlining the reasons for the denial along with the denial notice. Depending on the reason for the denial, you must complete Form I-290B and either of the following:

Filing an Administrative Appeals Office appeal; filing a motion to reconsider the USCIS decision; or filing a motion to reopen the USCIS decision

The Most Common Reason for Renewal Denial

The marginality requirement is one of the most common reasons why your renewal application may be denied. Marginality is a concept unique to an E-2 visa that states that the business must be profitable in addition to providing for the owner and their family. The government of the United States wants business immigrants to contribute to the economy, and one way they can do so is by creating jobs. When you’ve been in business for five years, you should have been able to scale it up to the point where you can afford to hire several employees.

The most common reason for renewal applications being denied is a lack of proof that they are no longer marginalized. An experienced immigration attorney can assist you in gathering and submitting sufficient evidence and supporting statements to meet this requirement.

Frequently Asked Questions About the E-2 Visa

The following are some frequently asked questions about the E-2 visa, E-2 visa renewal, and E-2 visa extension:

Q. Are there any restrictions on my travel while on an E-2 visa?

One of the benefits of the E-2 visa is that there are no travel restrictions imposed (i.e., number of times you are permitted to leave and re-enter). The USCIS also does not specify how long you can stay abroad before having to return.

Q. Can the main applicant or family members study on an E-2 visa?

You can study on an E-2 visa but cannot join a full-time program like those on F1 as long as it does not jeopardize the primary purpose of your visa. Furthermore, your children and spouse are eligible to study in the United States without the need for any additional visas or applications.

Q. Can I change my status while on E-2?

Yes, you can change your status by filing Form I-129, Petition for Nonimmigrant Worker, or Form I-539, Application to Extend/Change Status.

Q. How long does it take to process an extension or approval?

It usually takes 2 to 4 weeks from the time the application is filed. Please keep in mind that this can change depending on the workload at the US Consulate and US processing centers. However, depending on the form, your wait times may be longer or shorter due to the number of forms you must submit.

Q. When is the best time to request an extension?

It’s best to apply for an E-2 visa extension before your I-94 expires. If you file the extension before your I-94 expires, you can stay for 240 days pending the decision, whereas if you file after the expiration, you can only stay for 40 days.

Q. Can my spouse and children work while I’m on E-2?

While on an E-2 visa, you can bring your spouse and dependents (under 21) with you and they will be able to work in the United States. They’d need to get an EAD and apply for a Social Security number.

Q. Can I apply for a Green Card while on E-2?

If you meet the requirements, you can apply for a Green Card. There are several general routes to obtaining a green card. The first option is the EB-1 visa. You can take this route if you are a “Alien of Extraordinary Ability” or a “Multi-manager or Executive.” The second option is to obtain a Green Card through Family Based Immigration. It’s a good idea to look into this option if you have a close relative in the United States.

To learn more about these paths to citizenship or E-2 visa renewal steps, contact a qualified Green Card Lawyer.

How an E-2 Lawyer Can Assist

An E-2 visa attorney can assist you in filing an E-2 visa renewal or extension in accordance with USCIS guidelines. Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group will explain which course of action is best for your case during your extensive consultation.

How much does E-2 Visa Cost for Bangladeshi citizens?

E2 visa cost – Bangladesh

Minimum investment amount is typically over US $150K (Bangladeshi Taka 12.9 million). For investor present in USA – Form I-129 fee $460 (Form I-539 – $370 per dependent), 15 days premium processing at $1,440. Investor in Home-country – $205 fee per DS-160 form. Lawyer’s charges, Business entity formation costs.

Bangladesh Bank is the regulatory body that has framework and monetary policy for moving assets and money outside of Bangladesh.

Which countries have an E-2 visa treaty with the USA?

E2 Visa Treaty Countries list:

THE BENEFITS OF AN E-2 VISA from Bangladesh:

Bangladeshi investors are permitted to establish, advance, and operate a business in the United States.

There is no required minimum investment amount, and no specific amount is mandated by law. The regulations only state that the investment must be sufficient to develop a successful, non-marginal business that meets the above criteria.

The spouse of an E-2 investor will be issued an E-2 dependent visa, allowing them to apply for work authorization based on their E-2 dependent visa.

Children under the age of 21 of an E-2 Investor will be issued an E-2 dependent visa and will be able to attend the school of their choice.

The E-2 visa holder has the option of living outside the United States for an unspecified period of time and returning to the country as long as their visa is valid.

E-2 visa holders may be granted a visa for one to five years at first. Extensions of stay for another 2-5 years are possible. There is no legal limit on how many times an E visa holder can extend their stay, so they could theoretically remain in the United States on E-2 visa and status indefinitely, as long as the investor owns the Company with a substantial profit and the Company does not become “marginal” in nature.

Accompanying Spouse and Children under the age of 21 would qualify for Legal Permanent Resident (LPR) known as Green Card through the principal applicant if the principal applicant changes his status from E-2 to H1B Entrepreneur/Self-Employed or through the Spouse if the Spouse changes his/her status in the United States through a suitable employment category and then applies for Green Card through the sponsoring company. If the principal applicant is unmarried, he or she can apply for a green card by marrying a US citizen or permanent resident.

E-2 visa for citizens of Non-Treaty countries

Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa.

Is an Bangladeshi national eligible for an E-2 Visa?

Yes, As an Bangladeshi citizen, you are eligible for an E-2 Visa. Bangladesh has signed the E-2 treaty with the US.

Can a spouse of a E-2 Visa holder from Bangladesh work in the US?

Spouses of E-2 visa holders from Bangladesh are able to work in the US only once they apply for work authorization by filling form I-765, if approved they are allowed to work in the US.

Can an Bangladeshi citizen work in the USA with an E-2 Visa in 2023 ?

Yes. As a Bangladesh national, you are eligible to work in the US but only the business that you have invested or if you are an employee at the organisation which sponsored your E-2 visa.

For an Bangladeshi citizen, What businesses qualify for an E-2 Visa?

There is no specific list of businesses under the E-2 treaty. As long as the investor has made a significant investment in a business and is approved by the US citizenship and immigration services.

What happens when an Bangladeshi citizen’s E-2 Visa for USA expires?

The E-2 visa holders from Bangladesh are allowed to renew their visas. The extensions are granted for 2 years and there are no restrictions on the number of extensions available to the E-2 investors.