Continued from page 49 |
F-1 Student Visa |
H-1B Nonimmigrant Work Visa |
L-1A Intracompany Manager or Executive |
E-2 Treaty Investor |
O-1 Alien of Extraordinary Ability |
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Filing Process |
Sponsoring school issues a student an I-20 and they obtain the visa directly at the consulate abroad. Change of Status in the United States is permitted as well. |
For quota subject petitions, applicants file on April 1st of any given year for an Oct. 1st start date. Applications are filed with the USCIS and applicants can either change status in the United States or obtain a visa at the consulate abroad with their approval notice. |
Applications are filed with the USCIS and applicants can either change status in the United States or obtain a visa at the consulate abroad with their approval notice. |
Consulates do not give deference to USCIS approvals of E-2 petitions. Therefore, applicants commonly file directly at the U. S. embassy or consulate in their home country. |
Applications are filed with the USCIS, and applicants can either change status in the United States or obtain a visa at the consulate abroad with their approval notice. |
Timing Issuance of an I-20 sponsorship form by a school takes a matter of days. Visa appointments will vary by home country wait times. |
Applications take 2 to 3 months to be processed. |
Applications currently take 1 to 2 months to be processed. |
Timing will vary depending on availability of appointments at home. country consulate. |
Applications currently take 1 to 2 months to be processed. |
N / A |
Yes |
Yes |
Yes, if filed with USCIS. Not available at the Consulate. |
Restrictions during pendency of immigrant visa and green card application |
Yes, the investor will not be permitted to travel until they obtain an“ Advance Parole” travel document as an ancillary benefit of filing their Adjustment of Status application. |
No, the investor may continue to travel on a valid H-1B visa during the pendency of their I-526 and Adjustment of Status applications. |
No, the investor may continue to travel on a valid L-1A visa during the pendency of their I-526 and Adjustment of Status applications. |
Restrictions will apply at a certain point in the green card application process. |
Restrictions will apply at a certain point in the green card application process. |
Can spouses be employed in dependent status? |
No; they must wait for the EAD to be granted pursuant to the pending green card application. |
No; they must wait for the EAD to be granted pursuant to the pending green card application. |
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Length of visa |
Until completion of academic program. |
Max of 6 years given in 3 year increments. |
Max of 7 years given in 3 year increments; startups given initial 1 year. |
Up to 5 years and renewable with no set limit. |
Up to 3 years and renewable in 1 year increments unless position changes and then 3 year extension granted. No set limit on extension requests. |