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Do you want to Extend Your Stay???

Is time on your visa running out? Would you like to stay longer? Don't have a clue what you need to do? Learn the necessary steps to extend your stay in the USA

What is extending your stay?

When a nonimmigrant enters the USA, they are given a visa category by INS and an arrival/departure record (INS Form I-94). This record shows when you are to leave the USA. You can, however, apply to change this date.

Why is extending your stay important?

If you do not, you will be violating U.S. immigration law and may be subject to deportation. If you don't stay current, it could possibly effect your future plans to travel or immigrate to the USA.

Steps:

  1. Qualify

 

  1. Have your employer file INS Form I-129 at the INS Regional Service Center with jurisdiction over your case, if you are on one of the following visas:


If your employer files the petition, make sure your spouse and children file Form I-539.

  1. If you are in the following categories, you need to fill out INS Form I-539:

If your spouse and children have derivative nonimmigrant status, then they can be included on your application. Derivative status means that they were given a status based on your status.

  1. Apply as soon as possible before your nonimmigrant status expires.

    The INS is more likely to change your status if you are in status. If you are late filing, then you must prove that:

 

  1. Check the status of your application with INS.
  2. If your application is approved, you will receive a replacement Arrival/Departure Record (INS Form I-94) with a new departure date.
  3. If your application was denied, your original I-94 will be returned to you and you will be asked to leave the country.
  4. File a motion to reconsider the case if necessary.

    The INS will mail you a letter if your application was denied. You are not, however, allowed to appeal the INS decision to a higher authority, but can file a motion with the same office to reopen the case. For this to occur, there must be evidence of new facts or the decision was based on an incorrect application of INS policy.

Need to Change Your Visa Status?

When you enter the USA, you are given a certain visa status. There are reasons, however, that you may need, or even want, to change your status. If you also need to change your status and do not, you will be violating U.S. immigration law and may be subject to deportation. Read our informative How2 to learn the necessary steps to change your status.


What is nonimmigrant status?

You are given a nonimmigrant status when you enter the USA for a specific purpose, such as work or study.

Why is changing to a new nonimmigrant status important?

There are times when you may need or want to change your status due to circumstances. INS allows you to do this in certain cases. If you need to change your status and do not, you will be violating U.S. immigration law and may be subject to deportation.

Steps:

  1. Qualify

 

  1. Have your employer file INS Form I-129 at the INS Regional Service Center with jurisdiction over your case if you are on one of the following visas:


If your employer files the petition, make sure your spouse and children file Form I-539.

  1. If you are in the following categories, you need to fill out INS Form I-539 :

If your spouse and children have derivative nonimmigrant status, then they can be included on your application. Derivative status means that they were given a status based on your status.

  1. Apply as soon as possible before your nonimmigrant status expires.

    The INS is more likely to change your status if you are in status with your current visa. If you are late filing, then you must prove that:

 

  1. Check the status of your application with INS.
  2. File a motion to reconsider the case if necessary.

    The INS will mail you a letter if your application was denied. You are not allowed to appeal the INS decision to a higher authority, but can file a motion with the same office to reopen the case. For this to occur, there must be evidence of new facts or the decision was based on an incorrect application of INS policy.

The H-1B Visa

 

The H-1B visa is a non-immigrant employment based visa for workers coming to the USA to perform a "specialty occupation." Workers from Mexico and Canada can get a special TN status under the NAFTA treaty. The H-1B status allows foreign workers to work in the USA for a maximum of six years. It is granted for three years and can only be renewed once for an additional three years. The Information Technology industry uses this type of visa frequently to fill vacant positions. Many H-1B applicants are engineers or computer programmers. Quotas are set every year for the H-1B visa by the government.

INS will not approve an application you submit because you must have an offer from an employer and the employer must file the petition on your behalf. An employer can be an individual, partnership, or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), you must file a new H-1B visa petition. The visa is only valid for work with the employer that filed the original petition.

In order to qualify for this type of visa, you must have a four-year college degree or the equivalent education and experience. Your employer does not have to prove that there are no available U.S. workers for this position. However, the job offered must require a four-year degree. You will be denied an H-1B visa if you have a four-year degree but the job does not require one.

Also, you must prove that your education is equivalent to the minimum requirements of a U.S. bachelor's degree. Sometimes work experience can be substituted for part of a degree. There are organizations that specialize in certifying your credentials for a fee. For example, if your actual education amounts to only two years of college, but you have three years of work experience, the evaluator may determine that your education and experience add up to a four-year bachelor's degree.

Spouses and children under the age of 21 may be eligible to come to the U.S. for the duration of the H-1B's authorized stay and will be granted H-4 visas. The H-4 will not allow them to work. Dependents under the age of 21 are allowed to attend college and school.

There are several steps in obtaining an H-1 B Visa:

 

Visa Categories Explained

There are a wide range of visa types that can be used to enter the USA. Length of stay can range from a few days to several years (depending on the visa type) and they can require different levels of authorization and document verification. You may also be able to get a visa granted not only to yourself, but to your dependents as well (spouse and children).

The visa is issued by the consulate of the country you are visiting, is placed in your passport and is used to board the plane and enter the country. Your status and length of stay are granted upon entry usually indicated on a white I-94 Card issued to you upon entry. This defines how long you can remain legally in the USA. Your status can only be changed or extended by the Immigration and Naturalization Services (INS).

There are varying requirements to be issued a visa, and some of the visas have yearly quotas. These quotas can include a per country and a worldwide limitation. There can be heavy demands for certain types of visas, which can result in waiting lists for certain countries.

The Different Types of Visas:

 

Temporary (Nonimmigrant) Visas

 

Type of Visa

Description

Restrictions

A1/A2/A3

A1: Foreign government officials, ambassadors, public ministers, career diplomats, consular officers, or other high level government officials.

A2: For other officials or employees of foreign governments in lesser ranks.

A3: Attendants, servants, or other personal employees of foreign government officials.

A spouse or unmarried dependent child of a foreign government official may be employed if they complete and have Form I-539 authorized by the Department of State.

B1/B2

B1: Visitor for business.

B2: Visitor for pleasure.

An individual entering the USA to study, intending to change their status to J1 Exchange Visitor Status (must have consulate notation indicating "prospective" status and must apply for change of status prior to expiration of the I-94 card).

Those present in the USA on a B1/B2 visa may not be employed or operate your own business in the USA. Initial admittance to the USA can be for up to 1 year, and can be extended for 6 months.

C

Aliens in Transit: An individual in transit from one country to another "stopping over" in the USA for a short time.

Not permitted to receive payment from any U.S. source.

E1/E2

Treaty Trader or Investor. An individual in the USA to conduct trade between their home country and the USA.

Must be employed by the trade-qualifying company through which they received their visa status.

F1/F2

F1: Student Visa. For study full-time in the USA at an accredited academic program.

F2: Dependents of the F1 visa holder. Not permitted to work in the USA.

Must be enrolled in a full-time program which leads to a specific goal, must have sufficient financial support to study without working. Must also have an intent to return home once the studies are complete.

May be permitted to work on or off campus under certain conditions. This requires approval from the International Student Advisor (off campus work will also require Form I-20 and an EAD card issued by the INS)

G

Representative of International Organizations (and their dependents and personal employees).

Only permitted to be employed by the foreign government entity or international organization they represent. Spouse or dependents can be employed with an approved I-539 Form.

H-1B

Temporary worker in specialty occupation.

H4: Dependents of H1-B, H2, or H3

Must have a Bachelor's Degree (or the equivalent study/work experience) and have a job offer from the USA that will pay at least the prevailing wage for that area. You can only work for the company that sponsors the visa. Employment authorization is granted for up to three years at a time, and can be extended for a maximum of six years.

INS Form I-797 authorizes employment. There is an annual quota for H-1B workers.

Dependents are not allowed to work, but can attend school without changing to F-1 status. They can apply for their own H-1B visa.

.

H2A/H2B/H3

H2A: Temporary agricultural worker

H2B: Other temporary workers.

H3: Trainee

H-2A must obtain a certification from the Department of Labor that no other qualified workers are available and they must pay the prevailing wage.

J1/J2

J1: Au pair. An individual associated with the U.S. Information Agency and a designated program sponsor to provide live-in child care for a host family.

J2: Dependents of the J1 visa holder.

Can receive payment only from the host family or the program sponsor for child care services not to exceed 45 hours per week.

Eligible to apply to INS for a Work Authorization Document (issued by the INS) and may work for any employer.

L1/L2

L1: Intra-company Transferee.

L2: Dependents of the L1 visa holder.

An individual who has been transferred from a subsidiary, affiliate, or branch office overseas to the USA to work in a specialty occupation. Can be employed only by the petitioning company through with the visa was obtained. Must have been employed for the overseas affiliate for 1 of the past three years. INS Form I-797 authorizes employment.

L1 dependents are not eligible to work or receive payment from any U.S. Source

M1/M2

M1: Vocational Student.

M2: Dependents of the M1 visa holder.

Studying at a vocational or nonacademic institution. Permitted to be employed for practical training after completion of program with a valid Employment Authorization Card issued by the INS.

O1/O2/O3

O1: Persons of extraordinary ability (sciences, arts, education, business, or athletics).

O2: Accompanying personnel.

 

O3: Dependents of the O1 or O2 visa holder.

Must be employed only by the petitioning employer or agency through which the visa was obtained. INS Form I-797 authorizes employment, no EAD card is required. There must be substantial national or international achievement documentation to qualify.

O3 dependents are not eligible to work or receive payment from any U.S. Source

P1/P2/P3/P4

P1/P2/P3: Internationally recognized athletes or entertainment groups or associated with a Reciprocal Exchange Program.

 

 

P4: Dependents of the P1/P2/P3 visa holder.

Must be employed only by the petitioning employer or agency through which the visa was obtained. INS Form I-797 authorizes employment, no EAD card is required. A member of a group must not perform services apart from the group.

P4 dependents are not eligible to work or receive payment from any U.S. Source

Q

Participant in an International Cultural Exchange Program.

Must be employed only by the petitioning employer or agency through which the visa was obtained. INS Form I-797 authorizes employment, no EAD card is required.

R1/R2

R1: Religious Worker.

R2: Dependents of the R1 visa holder.

An individual in the USA as a member or minister of a bona fide religious denomination in the USA carrying out the activities of a religious worker. Must have been a member of the denomination for two years immediately proceeding the filing of the application. Must be employed only by the petitioning employer or agency through which the visa was obtained. No EAD card is required.

TN

(Trade NAFTA)

For citizens of Canada and Mexico, here to perform professional services for a sponsoring employer in a specific position for a specific time.

Must be employed only by the petitioning employer or agency through which the visa was obtained in activity in accordance with the provisions of the treaty. Canadians require only an I-94 Card as employment authorization, Mexicans require INS Form I-797. No EAD card is required.

Immigrant Visas - Green Cards

Immigrant visas (also known as green cards) are given to those who individuals are lawful permanent residents. Permanent residents are permitted to travel in and out of the USA and can work in jobs not reserved for U.S. citizens.  However, they are not allowed to vote in national, congressional or state elections. Most people receive green cards through relatives who are U.S. citizens or permanent residents. Immigrants can also obtain a green card because they have a needed job skill. Finally, they can also be obtained in special ways, including a lottery.

Employment Based - Permanent Residency (Green Card)

To receive a green card through employment, the following must occur:

1.       You need a job offer or must be employed with a U.S. employer.

2.       You need the correct educational background or work experience required by the job.

3.       Your employer will need to complete Labor Certification, ensuring that there are no Americans willing to take the same job.

4.       The employer assumes no financial responsibility for you except to pay you the prevailing market wage for your position.

Employment-Based Preferences:

There are quotas for all categories. If you are in the green card process and would like to know your status, you can contact the Department of State's hotline at (202) 663-1541 in Washington, DC.

Family Based Visas

Through Marriage:

If you plan to marry a U.S. citizen in your country, you can apply for a green card in your home country, after the marriage occurs.

If your future spouse is in the USA, they can sponsor you for a Fiancé Visa, enabling you to travel to the USA to get married (within 90 days of arriving), and then apply for a green card (after two years). The petitioner must be a U.S. Citizen, not a green card holder. If you have children from a previous marriage, they may accompany you and later apply for green cards.

Sponsored Through a Family Member:

The following family members of U.S. Citizens can sponsor you for a green card:

The following family members who are permanent residents can sponsor you for a green card:

There are quotas for most of the categories as well as a preference system, depending on the particular relationship. However, some immediate family members may fall out of the quota system:

 

Other Types - Permanent Residency (Green Card)

You can also be eligible for a green card in ways other than through employment or family members. Please visit the appropriate INS pages for more information, as the process or restrictions may be updated at any time.

Asylum:

This may be granted to people who are already in the USA and are unable or unwilling to return their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the USA. You also will be able to apply for permanent resident status one year after you are granted asylum.

Amnesty for certain Cubans, Nicaraguans, and Haitians:

The Nicaraguan Adjustment and Central American Relief Act (NACARA) establishes procedures for certain nationals of Nicaragua and Cuba who have been residing in the USA to become lawful permanent residents of this country. The interim rule allows certain Nicaraguans and Cubans to apply for lawful permanent resident status without having to first apply for an immigrant visa at a USA consulate abroad. It also waives many of the usual requirements for this benefit. Nicaraguans and Cubans wishing to apply for lawful permanent residence under NACARA have until March 31, 2000 to file for adjustment of status. After March 31, 2000, you will not be able to apply for lawful permanent residency under Section 202 of NACARA.

Diversity Lottery (DV) Program:

Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with typically low rates of immigration to the USA. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the USA. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the USA.

Face To Face With an Immigration Officer

"What is the purpose of your visit to the United States, and how long are you planning to stay?"

My eyes locked on the stern, expressionless face of the white-uniformed immigration officer sitting in the cubicle. He held open my passport and alternated looking at me and my picture. Even as I crossed the yellow line on the floor in front of his cubicle, I already caught his eyes scrutinizing me from head to toe. It was at that moment, just two steps ago, that I felt my brain shut down.

All of my friends had warned me, even my relatives and my boss, that I should be ready when I face the immigration officer at my port of entry to the USA. Regardless of my visa status, the first person I will encounter at the door to the Land of Milk and Honey, will be a cold-hearted government officer empowered by the most powerful nation in the world to send me back to where I came from — literally.

But what was I scared about? It was my second business trip to the USA. I knew I would walk up to an immigration officer whose nerve endings are hardwired to a sixth sense highly perceptive to any one of many serious threats. To him I could be a smuggler, a drug mule, an escaped convict, a terrorist, a spy, a fraud or an illegal entrant.

I was also aware that the immigration officer's sixth sense would pick up the slightest cause for suspicion — fidgeting, nervousness, stuttering and profuse sweating. People who have something to hide somehow betray themselves, so it was the officer's task to detect these telltale signs.

So even if I chose to wear my most comfortable, shabby-looking set of street clothes for the 22-hour trip, even if I had hardly slept a wink during the long-haul flight, and even if my stomach felt queasy from the funky airline food, I had to look composed and nonchalant enough to not show signs of stress, edginess, or impatience. How to manage that in the throes of cabin fever will remain a mystery to me.

"What is the purpose of your visit and how long do you plan to stay in the U.S.?" he repeated, slowly this time.

I stood up straight, trying to activate my gray matter. "I'm here on a business trip. To attend a seminar and visit a couple of clients in San Francisco and Minneapolis. For just two weeks." Practically the same answer I gave the first time I came over. But somehow, unlike the last one, this officer didn't automatically stamp my visa. He looked back at me for a second. I wondered if it was the perfume I was wearing. But he wasn't sniffing, nor was he smiling.

"I want to see your papers," he snapped. I panicked. What papers? What was he talking about?

"What seminar are you attending? Who are you going to see? Do you have invitations?" He was starting to raise his voice.

I froze. I didn't expect him to want to see my invitations. I had shown all of those at the embassy when I applied for my visa. But I knew I packed them, I just couldn't remember where! A fine time for my brain to go on energy-saving mode!

He stared at me, waiting for me to show him something. I said, "Wait, I'll have to look in my carryon." But for the life of me, I couldn't find the set of papers I brought along.

I was holding up the line. I frantically pulled out the contents of my briefcase, exposing some personal effects to the long line of restless and impatient travelers behind me. I've never felt so embarrassed and so apprehensive in all my life. My hands started to shake. What if I had carelessly put the documents in my check-in luggage? Will he call the police and put me in jail? How am I going to explain this to my boss? I was mortified!

The officer instructed me to go to the side and continue looking. I wanted to just vanish in humiliation. Kneeling on the floor, I searched every pocket. Nothing. I couldn't believe it. I was shaking like a leaf, ready to faint.

Suddenly, I don't know what got into the immigration officer, but after I had seen my whole life flash before my eyes, he signaled to let me through. Maybe he sensed the honest shame and sheer terror in my actions — I was on the brink of tears. I thanked him profusely, bowed a number of times, stopped myself from genuflecting and dashed off.

It took me a while to get over that incident. It didn't help that when I got to the hotel, I discovered that the documents were in a zipped pocket in that one segment of my briefcase I forgot existed. It was incredible how the officer had scared me into a state of temporary amnesia! Or maybe it was the airline food.

I kept telling myself that these gatekeepers are humans, too, and not a bunch of evil monsters bent on scaring me out of my wits. And that they're just doing their special jobs of screening entrants to a society they are trying to protect. They will always don that stern and cold-hearted face because they need to stay alert to possible threats against the integrity of the American way of life.

So a few months later, on a follow-up trip, when another grave, ominous immigration officer managed to make me almost forget my last name, I knew he was just being great at his job.