Work, study, visa, change of status: how not to get confused in the difficult immigration rules in the USA

Moving to the USA is a dream of many, but not everyone is patronized by luck during the annual green card lottery. And other methods seem even less realistic or very risky - most simply don’t know where to start, or are afraid to go to America on a guest, tourist, student or work visa: what will I do when the visa status is over.

New York Specialists immigration center Ameros We are always ready to provide qualified assistance in the application process for different types of American visas, as well as help with translation and apostille of all necessary documents.

Work visas

Visa B1 \ B2 for business and leisure trips

Guest visa B-1 / B-2 is intended for short-term business (B-1) and recreational (B-2) trips to the United States, as well as for trips with the aim of obtaining medical assistance (B-2). A B-1 visa is usually issued to individuals entering the United States to consult with business partners, attend scientific, educational, professional or business events and conferences, resolve property issues, and participate in business negotiations.

A B-2 visa is issued for travel of a personal nature. The purpose of such a trip may be tourism, visiting friends or relatives, receiving medical care and participating in various non-profit events (interest groups, social, charitable, etc.). Often, categories B-1 and B-2 are combined to issue a B-1 / B-2 visa.

Visa category EB-3

This program allows you to get a green card and immigrate to the United States, provided you work for an American employer.

The EB-3 visa is designed for three types of workers:

• Skilled Workers
• Professionals
• unskilled or other workers.

The program allows the applicant employee, his spouse and unmarried children under the age of 21, to receive green cards in exchange for agreeing to conclude an employment contract with an American employer for unskilled work (for the posts of office or house cleaners, builders , specialists in cutting poultry at the poultry farm, food packaging, etc.) for an indefinite period and for a small salary.

“An indefinite period does not mean that the applicant worker is obliged to work in such a job for the rest of his life, but changing jobs on his initiative before the expiration of two years after the conclusion of the contract with the sponsoring employer is undesirable, as it can subsequently create problems when reissuing the green card ( due to the expiration of its validity) or registration of US citizenship. The applicant employee's spouse and adult children can work in the United States in any job without restriction immediately after receiving their green cards, ”the Ameros center said.

The process of applying for an EB-3 visa, if the applicant worker is located in the United States, takes about 16 months, if within the United States - from 8 months.

Ameros Center specialists are always ready to provide qualified advice on the application process for different types of American visas, as well as help with translation and apostille of all necessary documents.

Change or renewal of status

If you came to the United States on a non-immigrant visa, but would not like to leave the country after its expiration, then this situation can be solved by changing the status. The U.S. Citizenship and Immigration Services website has an explanation of how to apply to change the current non-immigrant status to another non-immigrant status while in the United States, but this process is not easy, and in such cases it is better to rely on the help of specialists. Therefore, ForumDaily asked the paraligal Andrei Kurakin from immigration center Ameros clarify the main nuances.

You can apply for status changes in the United States if you:

• legally entered the country as a non-immigrant;
• have not committed any misconduct that could deprive you of the right to receive immigration benefits;
• There are no other factors that require you to leave the United States to obtain another non-immigrant status (for example, a USCIC officer may determine that you need another visa to re-enter the United States);
• you apply for a status change before the seal expires in your document or on I-94, which records the date of arrival and departure from the country.

“In some circumstances, USCIS may allow filing after the expiration of the deadline, but here you need to consider each specific case separately,” explained Kurakin.

How to apply for a non-immigrant status change

Filing an application depends on the category you wish to receive. If you want to change your status to one of the non-immigrant work categories, your future employer must fill out Form I-129 (petition for a non-immigrant worker) before the expiration of your Form I-94. You must not start working in a new status until USCIS approves your application for a change of status.

The working categories include visas:

• E-1 and E-2 - traders and investors under the contract, as well as their employees;
• Н-1В, Н-2А, Н-2В or Н-3 - temporary skilled and unskilled workers and trainees;
• L-1A or L-1B - employees transferred internally;
• O-1 or O-2 - foreigners with unique skills and their assistants;
• R-1, R-2 or R-3 - athletes and entertainment workers;
• Q-1 - visitors for international cultural exchange;
• R-1 - Religious workers.

“For each of these categories, there are restrictions, including regarding the length of stay in the country. Therefore, before starting the process of submitting documents, it is better to consult with a qualified specialist in immigration issues, ”said paralegal Andrei Kurakin.

It goes without saying that all submitted documents must be translated into English and certified. Ameros Immigration Center provides a comprehensive service - not only filling out and submitting forms, but also translation of documents and affixing of an apostille.

If you want to change your status to a non-working category, you need to file form I-539.

“In this case, all family members (spouse / spouse and non-family children under 21 years of age) who ask for the same change in the category of nonimmigrant can be entered in one form I-539”, - specified in Ameros.

Form I-539 is filed online or in paper form. In this case, you need to ensure that all necessary documents are attached to it. A detailed consultation on changing status in the USA, as well as assistance in preparing documents, can be provided by Ameros specialists.

Study in the USA

Another option to "catch" in the United States is the F1 student visa. It is nonimmigrant, but after receiving an American education, your chances of finding a job in the United States and staying in the country on a work visa are greatly increased.

F-1 visas are issued only at US embassies and consulates outside the country, although extension of stay and change of status can be issued while in the United States.

Prospective F-1 students must apply for college and receive an I-20 form, which must be attached to the rest of the documents. The F-1 visa holder must prove his ability to provide for himself financially during his stay in the United States, since his opportunities for legal employment are very limited (no more than 20 hours a week).

F-2 visas are available to the dependents of the F-1 student. Holders of an F-2 visa are prohibited from any form of paid work in America. A person who is in the United States with student status must study on a full-time program - 18 hours a week. The cost of training depends on the educational institution, the duration of training and the chosen course and ranges from $ 100 to $ 150 per week.

Specialists immigration center Ameros provide professional advice on the process of applying for a student visa, as well as on the translation and affixing of the necessary documents.

Contact Center:

Address: 1718 E 15 Str. Brooklyn, NY 11229
Phone (718) 998-5858
sms / viber / whatsapp (917) 880-0982
E-mail: [email protected]

Ameros Center works in the following areas:

• filling out all types of immigration forms;
• family reunion (parents, sisters, brothers);
• Russian passport for 10 years;
• US passport in one day;
• Russian citizenship and a passport for newborns in the United States;
• Apostille (all types of documents for 50 US states);
• Visas to the USA (all categories);
• visas to Russia (for three years);
• extension and replacement of visa status in the USA (for all categories);
• invitations to the USA / Canada;
• translations (of any complexity);
• professional translator for an interview.