Frequently Asked Questions >>

In applying for a US immigration visa, an understanding of the pertinent procedure is helpful in discerning whether to embark on the process. The following FAQ’s are designed to offer some assistance.

B-1 Visa

1. What is a B1 visa?

The visa is used by foreigners to attend to business matters in the US such as negotiate contracts, attend a court hearing, attend meetings and set up a business in the USA. The beneficiary is not allowed to work

2. Who can apply for a B1 Visa?

A foreigner seeking to attend to certain business matters in the USA may be issued a B1 visa

3. How long is the visa issued for?

A B1 visa is generally issued for 10 years. However, this period may be shorter if issued to a person who has been arrested, convicted of a crime, overstayed in the US or is in contravention of any other law.

4. How long can I stay in the US on a B1 Visa?

The maximum duration of stay in the US on a B2 visa is six months in one single visit

5. Can the visa waiver program be used instead of a B1 visa for travel to the United States?

The visa waiver program is used in place of the B1 for business purposes in the US. The main difference between the two is that the visa waiver program only lasts for 90 days in a single visit whilst the B2 visa allows a 6 month duration of stay in the US in a single visit.

6. How long does it take to issue a B1 visa?

The US embassies generally take five working days to issue a B2 visa. However, a visa application may be subjected to further administrative review which could affect this time frame.

B-2 Visa

1. What is a B2 visa?

This is a US visa used by foreigners for tourism and holiday purposes in the United States.

2. Who can apply for a B2 Visa?

Foreigners seeking to travel to the United States may apply for the visa at an US embassy/consulate.

3. How long is the visa issued for?

The visa is generally issued for ten years. However, this period may be shorter if issued to a person who has been arrested, convicted of a crime, overstayed in the US or is in contravention of any other law relating to USA immigration.

4. How long can I stay in the US on a B2 visa?

The maximum duration of stay in the US on a B2 visa is six months in one single visit

5. Can the visa waiver program be used instead of a B2 visa for travel to the United States?

The visa waiver program is used in place of the B2 visa for holiday purposes in the US. The main difference between the two is that the visa waiver program only lasts for 90 days in a single visit whilst the B2 visa allows a 6 month duration of stay in the US in a single visit

6. How long does it take to issue a B2 visa?

The US embassies generally take five working days to issue a B2 visa. However, a visa application may be subjected to further administrative review which could affect this time frame.

E2 Visa

1. What is an E2 Visa?

An E2 visa allows nationals of certain countries that the USA maintains a treaty agreement with to manage and develop US businesses that they have established and invested funds into in the United States. It allows them to run their own commercial entities in the States.

2. Who qualifies to apply for an E2 visa?

Investors from treaty countries may apply for an E2 visa

3. How long is the visa issued for?

E2 visas are issued for two years or five years. Currently in many embassies, the visa is being issued for two years. In some instances, such as when the visa is renewed it may be issued for five years. It was more common in the past for embassies to issue E2 visas for five years in the first instance, however, this is becoming less of the case.

4. How much funds do I need to invest in a US business to qualify for an E2 visa?

The general guideline is for an investor to invest a minimum of $100,000 into starting a business or purchasing an existing business. The greater the investment, the more likely this is to satisfy the substantiality of investment test.

5. Can I invest in a business with other investors?

An E2 investor may invest in a 50/50 partnership with another national from a treaty country or a US citizen which includes a US limited company

6. What is the marginality rule?

An E2 visa application or petition is required to establish that the E2 company is likely to make a profit as opposed to simply make a minimal income for the investor and his family. This is the essence of the marginality rule.

7. Can my spouse and children apply for E visas?

Yes. Spouses and unmarried children under the age of 21 may accompany the E2 investor or join him in the US on E derivative visas

8. Can my spouse work in the US on an E derivative visa?

Yes.

9. Can my children attend school on an E visa?

Yes

10. Can I renew the visa?

Yes. The E2 visa is renewable for a period of two years or five years. Whether the visa is issued for two years or five years is contingent on the duration the United States Citizenship and Immigration Services deem appropriate

11. Can I apply for green card status whilst in the US on an E2 visa?

It is not possible to apply for a green card i.e. US permanent residence on the basis that one has a E2 status. A petition for green card status may be filed if the E2 beneficiary’s circumstances changed such as in the case of a marriage to a US citizen.

12. What type of business qualifies for an E2 visa application?

Commercial businesses providing goods and services may qualify as an E2 company. The business must be active not passive. Leasing out properties for instance, on its own, may not qualify for E2 purposes, although a property development business that includes renting/selling property within its services may qualify

L-1 Visa

1. Who may apply for a L-1 visa?

An employee engaged in a managerial or executive capacity in a foreign entity may apply for a L-1A intra-company transfer visa. An employee with specialized knowledge may also apply for a L-1B visa. The period of employment must be for at least one year in the last three years and the employment must be full time

2. What is the definition of an intra-company transfer?

The foreign company must maintain a parent company, subsidiary, branch or affiliate company in the USA. The L-1 visa beneficiary would be transferring from the foreign entity to the US entity.

3. How do I start the process?

The US company or foreign entity must file a petition with the US Citizenship and Immigration Services on behalf of the prospective beneficiary. On the approval of the petition, the prospective L-1 beneficiary may then apply for the L-1 visa.

4. May my spouse and children accompany me to the US?

Yes. On L-2 derivative visas. Children must be unmarried and under the age of 21 to accompany or join the L-1 holder to the US

5. Can my elderly mother apply for an L-2 visa based on my L-1 visa?

No

6. Can my spouse work on a L-2 visa?

Yes.

7. Can my children study in the US on L-2 visas?

Yes

8. How long is a L-1 visa issued for?

The L-1 visa is issued for a maximum of one year if the company in the US is a new company and for three years if the US entity is an established company generally older than at least a year

9. Can L-1 status be renewed?

Yes. The visa can be renewed in two year installments by filing a petition with the US Citizenship and Immigration Services

10. How many times can I renew L-1 status?

An L-1 beneficiary can remain in the US for a maximum of seven years on L-1 status

11. Can my spouse and children renew L-2 status?

Yes. L-2 beneficiaries may remain in the US on L-2 status for a maximum period of seven years

12. Are US green cards issued to L-1 and L-2 beneficiaries?

L-1 and L-2 beneficiaries may apply for green card status. It has become imperative to note that green card renewal is necessary every ten years to maintain US permanent residence.

US Green Cards and US permanent residence

1. What is a green card?

US green cards are issued to immigrants who have acquired US permanent residence confirming such status in the United States.

2. What is the difference between green card status and US permanent residence?

They are synonymous with each other and mean the same thing in practical terms

3. How do I acquire permanent residence in the United States?

Permanent residence is initiated mainly through US citizen or permanent resident relatives filing petitions on behalf of foreign family members, employment or investment in the States. To enter the US, the foreigner is required to apply for a visa at the US embassy once the petition has been approved.

4. Who can file a petition for permanent residence?

US citizen or permanent resident spouse, son/daughter, parent (including step-parent), brother or sister (including half-siblings), a US employer and individuals with extraordinary and exceptional ability.

5. Am I still considered a foreigner if I have a green card?

Yes. Green card status is different to US citizenship.

6. When can I apply for US citizenship?

Green card holders may apply for citizenship after five years as US permanent residents

7. Do green cards expire?

Yes. It used to be the case that USA green cards were issued indefinitely. These days, green card renewal is required every ten years.

8. Can I leave the United States temporarily and retain US permanent residence?

To retain US permanent residence, a green card holder should apply for a re-entry permit if leaving the United States for a year or more.

9. Can I lose green card status?

Yes. Failing to reside in the United States for a period of two years may result in the revocation of permanent resident status. Failing to apply for a re-entry permit can also lead to the loss of permanent residence if leaving the US for a year or more.

10. Will US green cards be issued to my wife and children If I am issued a green card?

It depends through which avenue the main beneficiary acquires a green card. If permanent residence is acquired through employment, spouses and unmarried children under 21 may also apply for US permanent residence. In many instances where a green card /permanent residence is given to the main beneficiary through family petitions, spouses and children may also acquire green card status but not in all instances


Please do not hesitate to contact us on +44 (0) 203 178 5419 if you require advice on US visas, green cards and general USA immigration law.