Aventura Temporary Non-Immigrant Visa Attorneys

Helping Workers and Families Enter the U.S.

If you are not a U.S. citizen and you want to enter the U.S. temporarily but you do not intend to stay, you will probably need to obtain a non-immigrant visa. Your first step should be to speak with an Aventura temporary non-immigrant visa lawyer at the Law Offices Of Carla A. Anzaldi.

Non-immigrant status restricts your activities in the U.S. to the reason you specified when you applied for a non-immigrant visa. Non-immigrant visas are usually offered only to those who can prove they intend to return to their home nation or nation of origin after a specific period of time.

Applications for most non-immigrant visas may be rejected if an applicant appears to have “dual intent” – when the applicant claims to be entering the United States temporarily while the applicant is, in fact, seeking to acquire a green card and permanent resident status in the U.S.

How Do You Prove Non-Immigrant Intent?

The non-immigrant visa classification refers to a variety of visas used to enter the United States for work, business, education, tourism, and other reasons. Most non-immigrant visas require the visa applicant to demonstrate non-immigrant intent.

In other words, you must prove that you have a permanent residence in your home country and that you intend to return. The amount of time you may spend in the United States depends on the visa. In most cases, a visa holder’s spouse and/or unmarried children (under age 21) may accompany or join a non-immigrant in the United States by obtaining a derivative visa.

An Aventura temporary non-immigrant visa lawyer at the Law Offices Of Carla A. Anzaldi can help you prove your intent to immigration authorities and help your family members obtain visas. Call us at 754-289-6645. Our visa attorneys advise and represent clients around the world.

What Temporary Non-Immigrant Visas Are Available?

If you plan to visit the U.S. temporarily, you probably need a temporary non-immigrant visa. The specific visa you need depends on whether you are entering the United States for tourism, work, business, education, or another reason. Temporary non-immigrant visas include these categories:

Temporary student visas: The most common student visa is the F-1, which allows a visa holder to study full-time at a U.S. college, community college, university, high school, or any other school approved by USCIS (U.S. Citizenship and Immigration Services).

Temporary travel visas: Whether you are entering the United States to explore our parks and museums or to visit family members, you will be required to obtain a temporary travel visa. The most frequently sought travel visa is the B-2 visa.

Temporary work visas: Usually, to obtain a temporary work visa, the employer must file a request on your behalf. As soon as USCIS approves that request, you may apply to the U.S. State Department for visa approval using State Department Form DS-160.

What Temporary Employment Visas Are Offered?

If you need a temporary work visa, it is important to apply for the right visa the first time. If you’re not sure, an Aventura temporary non-immigrant visa attorney at the Law Offices Of Carla A. Anzaldi can help you determine which work visa you need. Temporary work visas include:

H-1B visas for individuals who are in specialty occupations
H-1B1 specialty visas for professionals from Singapore or Chile
H-2A visas for temporary agricultural employees
H-2B visas for temporary non-agricultural employees
H-3 visas for trainees or visitors who are involved in special education
L visas for intracompany transfers
O visas for those with extraordinary abilities or achievements
P-1, P-2, and P-3 visas for entertainment groups and internationally recognized athletes
Q-1 visas for international cultural exchange program participants

Some visas require employers to obtain a labor certification from the U.S. Department of Labor before requesting the visa. U.S. employers who sponsor immigrants and who need to obtain visas also need to be advised and assisted by a South Florida temporary non-immigrant visa attorney.

Are There Other Options for Temporary Entry?

A number of other non-immigrant visas also permit foreign nationals to enter the United States temporarily. Additionally, several programs – primarily intended for humanitarian emergencies – also permit temporary entry. These programs include:

Prosecutorial discretion
Deferred action
Temporary Protected Status (TPS)

When Does a Temporary Work Visa Expire?

How long your temporary work visa remains valid depends on the type of visa. H-1B visas, for example, may remain valid for up to six years. H-2A and H-2B visas are valid for no more than a year, although extensions (renewals) are available for H-2A and H-2B visas for up to three years.

When a foreign national obtains a performance-based temporary non-immigrant work visa (for example, an O or P visa), that temporary visa usually remains valid until the foreign national’s performance or event is completed or accomplished.

Do Other Temporary Visas Allow You to Obtain a Work Permit?

What if you enter the U.S. on a temporary visa that is not employment-based – a K-1 fiancé visa or an F-1 student visa, for example – and you receive an employment offer in the United States? Or perhaps you are still in your home country, but you’re seeking a job offer in the U.S.

Before you accept a job offer in the United States, you must apply for and receive an Employment Authorization Document (EAD). Undocumented immigrants and visa holders with tourism visas are not qualified to apply for an Employment Authorization Document.

To obtain an EAD, you must file USCIS Form I-765 accompanied by documentation that proves you qualify for work authorization. You may expect a reply from USCIS in several weeks. Contact a Miami-area immigration lawyer – from wherever you are – for help with completing and filing Form I-765.

If Your Non-Immigrant Visa Application is Denied, What is Your Recourse?

Most temporary non-immigrant visa applications are approved by the immigration authorities, but federal law in the United States provides a list of reasons why your temporary non-immigrant visa application may be rejected. USCIS may deny your visa application because:

USCIS does not have enough information to determine if you are eligible for a visa.
You do not qualify for the particular visa category that you have applied for.
You are inadmissible on legal grounds (such as having a recent criminal conviction).

There is no appeals process for denials of temporary non-immigrant visas. If you believe that additional information needs to be considered, or if you have remedied the reason your visa application was denied, you may reapply for a temporary non-immigrant visa with assistance and legal advice from an Aventura immigration attorney.

What Happens When You Overstay Your Visa?

Your temporary non-immigrant visa will have an issue date and an expiration date. The period between these two dates is your visa validity period, when you are lawfully allowed to travel within or to a port of entry in the United States.

Overstaying your visa in the U.S. can have serious consequences. If you remain in the United States, you’ll lose your lawful status and begin to build an unlawful presence. Your visa will be automatically canceled and cannot be used to re-enter the country. You may be inadmissible to re-enter the U.S. for a particular amount of time, depending on how long you overstayed.

If you wish to stay longer in the U.S., you must apply to renew your visa before your authorized stay expires. If you have already overstayed your visa, you will need personalized advice from an experienced immigration attorney regarding the best way to remedy your situation.

What is Important for Employers to Know?

Federal labor laws protect all foreign nationals who are authorized to work in the U.S. Under the Immigration and Nationality Act, immigrants who have work visas and/or EADs are protected by the federal government and must be paid at least the federal minimum wage.

U.S. business owners who employ workers from other countries need to know that immigration regulations for employers are aggressively enforced. If you hire foreign workers, you need an immigration lawyer who can advise you about work visas, I-9 forms, EADs, E-Verify, and more.

Meet Attorney Carla A. Anzaldi

Immigration laws in the United States are always confusing and always changing, so those who are seeking to enter the U.S. from other countries temporarily or on a permanent basis must have access to accurate, up-to-date immigration advice.

South Florida attorney Carla A. Anzaldi is an active member of the American Immigration Lawyers Association. She received her law degree from the Universidad del Salvador in Argentina (1999) and an LL.M. in Comparative Law from the University of Miami (2005).

Additionally, attorney Carla A. Anzaldi has distinguished herself by acquiring visas for international investors, professionals, and immigrants who have extraordinary abilities. She is a sought-after public speaker, and she is fluent in English,and Spanish.

We Can Help You Obtain the Visa You Need

Obtaining a visa always takes time, so those who are applying for a temporary non-immigrant visa should start the process – and get the legal advice they need – as early as possible. Speaking with an immigration lawyer at the Law Offices Of Carla A. Anzaldi is the first step.

Aventura immigration attorney Carla A. Anzaldi and her legal team represent clients in the Miami area and around the world who seek to enter or stay in the U.S. for work, business, education, and a variety of other reasons. We help you protect your best interests, understand U.S. immigration law, and obtain the visa you need. We speak English, Spanish, and Portuguese.

Our law firm offers affordable fees and comprehensive legal services to meet the immigration challenges you may face. If you need a temporary visa, or if you are dealing with any matter of immigration law, you may reach the Law Offices Of Carla A. Anzaldi by calling 754-289-6645.