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VISAS, VISA WAIVER, AND VISA EXEMPTION

HIRING A FLORIDA IMMIGRATION ATTORNEY

FREQUENTLY ASKED QUESTIONS

  • What is a visa or visa stamp?

    A visa or visa stamp is a physical stamp or sticker in a foreign national's passport issued by a U.S. embassy or consulate outside the U.S., indicating their eligibility to apply for entry into the U.S. in a specific immigration category.

  • Who is exempt from visas in many categories?

    Citizens of Canada and Bermuda are exempt from visas in many categories.

  • What is the Visa Waiver Program?

    The Visa Waiver Program, also known as ESTA (Electronic System for Travel Authorization), allows citizens or nationals of participating countries to travel to the U.S. for tourism or business purposes for less than 90 days without obtaining a visa.

  • What are waivers of ineligibility?

    Waivers of ineligibility refer to situations where a foreign national cannot receive another visa stamp due to a visa ineligibility or ban. In such cases, a waiver is required for them to obtain another visa.

  • Can a foreign national apply for entry to the U.S. without a visa?

    No, a foreign national needs a visa or visa stamp indicating their eligibility to apply for entry to the U.S. in a specific immigration category.

  • Is the Visa Waiver Program available to citizens of all countries?

    No, the Visa Waiver Program is only available to citizens or nationals of participating countries.

  • I came to the US on a visitor visa but don’t want to return to Colombia. When I came, I had every intention of leaving, but now with a month left on my visa, the thought of going back there fills me with dread. What are my options? I have a college degree, and I speak fluent Spanish.

    I came to the US on a visitor visa but don’t want to return to Colombia. When I came, I had every intention of leaving, but now with a month left on my visa, the thought of going back there fills me with dread. What are my options? I have a college degree, and I speak fluent Spanish.

  • What is an H-1B working visa, and who can apply for it?

    The H-1B working visa is a non-immigrant employment visa for individuals seeking to work in a "specialty occupation" in the United States. Eligible individuals include those with a bachelor's or advanced degree, those working for the Department of Defense, or those working as a fashion model.


    There are different levels and criteria for the H-1B visa, with some falling under a quota system and others not. You and your employer need to work closely together to determine the specific requirements and timing, as there are deadlines for some H-1Bs, and it may be advantageous to apply at different times of the year.

    The H-1B visa is initially valid for up to three years, with the possibility of renewal for a maximum of six years. Additionally, family members of H-1B visa holders may be eligible to apply for H-4 non-immigrant visas.


  • Is there a limit to the number of visas issued for the H-1B working visa?

    Yes, there is a limit to the number of visas issued each year for the H-1B working visa. The quota for bachelor degree non-immigrants is 65,000 visas, while the quota for master degree non-immigrants is 20,000.

  • What are the deadlines for applying for an H-1B working visa?

    The application process for an H-1B visa typically starts in March, with the earliest date to file being in early April for the next fiscal year, which starts on October 1st. However, it is important to note that work can begin on October 1st.

  • How long does the H-1B process take?

    The H-1B process involves several steps, including submitting a prevailing wage to the Department of Labor, submitting a Labor Certification Application, and gathering and submitting the necessary documents for the petition. The complete process can take 4-9 months, depending on whether it is the first petition or a request for an extension. The time frame also depends on the specific circumstances of each case.

  • If I have applied for an H-1B visa but have not received approval, does this mean I have missed out this year? Can I come to the US, start the job I was offered, and apply again next year?

    If you have yet to receive approval for your H-1B visa, it may mean you were not selected in the lottery system. If so, your application will be returned to your employer. You can only come to the United States and work if you have a visa that allows you to do so. If you are looking for other options, consider the L-1 visa, which allows managers or individuals with specialized knowledge to work for a US-related company.

  • If my job ends, must I leave the US?

    If your job ends for any reason, you will have a 60-day grace period to find a new job. You must then complete the necessary paperwork reflecting the change. If you quit your job, there is no grace period, and your H-1B visa will end.

  • What if my employer wants to give me a promotion?

    If you are promoted, your job must remain the same core job. This means that your job duties and location must remain the same. If there are any changes, your H-1B visa must be amended.

  • How long does the H-1B process take? I need to start working soon; this visa is my most likely option.

    The H-1B visa process involves several steps, including submitting a prevailing wage to the Department of Labor and a Labor Certification Application. Once the necessary documents are gathered, and the petition is submitted, the process can take 2-7 months, depending on whether it is the first petition or a request for an extension. Overall, the complete process may take between 4-9 months.

  • I received one of the H-1B visas and was scheduled to start working in October. However, my employer informed me they won't hire me due to downsizing. Can I transfer my visa to another job if I find one?

    You can transfer your H-1B visa to a new job if you can find one. Your new employer must file a new H-1B petition for you.

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