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 . |