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By Asim Kilinc, Immigration Attorney at CK Law Firm
The United States is widely regarded as a global hub for commerce. Many international companies aim to support their growth by opening new branches in the U.S. For companies looking to establish a presence or expand operations in the U.S., the L1 visa provides significant advantages. This visa is specifically designed for multinational companies to transfer executives and employees with specialized knowledge to the U.S. However, both the applicant and the company must meet several specific requirements to qualify for this visa. In this article, we will examine the key features, requirements, and benefits of the L1 visa in detail:
- What is the L1 Visa?
- L1 Visa Requirements
- Advantages of the L1 Visa
- L1 Visa Application Process
If you have further questions related to this topic, feel free to reach out via the comments section, send me a message directly through LinkedIn, or contact me via the website of my firm, CK Law Firm!
What is the L1 Visa?
The L1 visa is a temporary work visa that allows international companies to transfer executives or employees with specialized knowledge to the U.S. There are two categories of the L1 visa:
- L1A Visa: Used to transfer executives or senior managers to the U.S. This visa can be used both for existing operations and for opening a new office.
- L1B Visa: Designed for employees with specialized knowledge. L1B applicants must possess unique knowledge about the company’s products, processes, or services.
L1 Visa Requirements
Both the company and the individual applying for the L1 visa must meet specific conditions, which are critical for the approval of the visa.
Company Requirements:
International Relationship:
The company must have a parent, subsidiary, branch, or affiliate outside the U.S. The individual being transferred must be employed by one of these internationally related entities. The multinational nature of the company must be substantiated through documentation.
Continued Operations:
The U.S. branch, office, or affiliate must be actively conducting business. If a new branch is being opened, the office must become operational within one year and continue regular business activities.
Company Size and Capacity:
The company must be large enough to support the transfer of employees between international offices and must maintain operational or financial links between these offices.
Applicant Requirements:
At Least 1 Year of Employment:
The individual must have worked continuously for the company outside the U.S. for at least one year within the last three years. This is crucial to demonstrate the applicant’s qualifications.
Managerial Position for L1A:
The applicant must be transferred to the U.S. to work in a managerial or executive role. This role should involve managing personnel, making strategic decisions, and overseeing operations aimed at growing the company.
Specialized Knowledge for L1B:
The applicant must possess unique knowledge about the company’s products, services, or processes. This often includes technical expertise, product development, or the management of a specific business process.
Advantages of the L1 Visa
The L1 visa offers numerous benefits for multinational companies, particularly those planning to establish or expand operations in the U.S.
- L2 Visa for Family Members: L1 visa holders can bring their spouses and children under 21 to the U.S. through the L2 visa. Spouses can apply for work authorization under the L2 visa, and children can attend school in the U.S., making it easier for families to relocate and settle in the U.S.
- Green Card Eligibility: L1A visa holders can apply for permanent residency (Green Card) under the EB-1C category, which offers a faster path to obtaining a Green Card. L1B visa holders can also apply for a Green Card, though the process may take longer.
- Extended Stay:
- L1A Visa: Initially granted for 1-3 years, it can be extended up to a total of 7 years. For new offices, the initial visa is issued for one year.
- L1B Visa: Issued for three years and can be extended for a total of 5 years.
- Ease of Opening an Office: The L1 visa facilitates the process of opening a new branch in the U.S. It allows companies to start operations quickly and provides a foundation for future Green Card applications.
L1 Visa Application Process
The L1 visa application must be submitted to U.S. Citizenship and Immigration Services (USCIS). The process requires various documents demonstrating the company’s status, the applicant’s position, and the business activities in the U.S. Applications generally take 4-6 months, but this period can be shortened with premium processing.
Required Documents:
- Form I-129 Petition: Filed by the employer with USCIS to initiate the L1 visa application.
- Company Documents: Proof of the multinational nature of the U.S. office and foreign branches.
- Employee Documents: Proof of the applicant’s qualifications and their role within the company.
- Financial Documents: Evidence of the financial capability of the U.S. branch or the parent company.
You can read more about the documents required for the L1 visa in this article!
Interview Process
After the petition is approved, the applicant must attend an interview at the U.S. consulate. During the interview, the individual’s role, responsibilities, and other visa-related details will be reviewed. It is critical to ensure that all documents are accurate and complete to avoid delays in the process.
Frequently Asked Questions (FAQ)
Who can apply for an L1 visa?
International companies planning to open a branch or transfer employees to an existing branch in the U.S. are eligible to apply. The applicant must be an executive, senior manager, or employee with specialized knowledge.
How long can I stay in the U.S. on an L1 visa?
L1A visas can be extended up to 7 years, while L1B visas can be extended up to 5 years.
Can I apply for a Green Card with an L1 visa?
Yes, L1A visa holders can apply for a Green Card under the EB-1C category, offering a faster path to permanent residency.
Conclusion
The L1 visa presents an excellent opportunity for multinational companies looking to establish or expand operations in the U.S. By transferring qualified employees to the U.S., companies can rapidly scale their operations and enter the U.S. market. The key to a successful L1 visa application is ensuring that both the applicant and the company meet all the necessary criteria.
At CK Law Firm, we are here to guide you through every step of the L1 visa application process. For professional support, more detailed information, or to schedule a consultation, contact us via our website cklawfirm.org, email us at info@cklawfirm.org, or reach out through LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
As a Green Card (Permanent Resident Card) holder, you enjoy many rights and privileges in the United States. However, to protect these rights and maintain your legal status, it is crucial to follow specific rules and timeframes. The key to keeping your Green Card is to demonstrate the intent to reside permanently in the U.S. and return regularly within specified time limits. In this post, we’ll detail the important timeframes and conditions Green Card holders must follow to maintain their permanent resident status.
- Requirement to Maintain Intent to Reside Permanently in the United States
- Re-entry Permit
- Physical Presence Requirement in the US
- Obligation to file a tax return
- Green Card Renewal and Expired Cards
- Timeframes for Citizenship
- Address Notification Requirement
- Returning Resident Visa (SB-1 Visa)
If you have any questions beyond what is covered here, feel free to contact me via LinkedIn, the comments section of this post, or through the CK Law Firm website, where I am a co-founder.
1. Requirement to Maintain Intent to Reside Permanently in the U.S.
Having a Green Card gives you the legal right to live and work in the U.S., but staying outside the U.S. for an extended period can jeopardize this right. The U.S. government expects Green Card holders to live permanently in the U.S. If you stay outside the U.S. for more than six months, it may raise questions about your intent to reside in the U.S. If you remain outside the U.S. for more than six months but less than one year, this can lead to questions at the border about whether you have abandoned your permanent resident status. Staying outside the U.S. for more than one year puts your permanent resident status at significant risk.
If you remain outside the U.S. for more than two years, the chances of losing your Green Card increase significantly, and you may need to reapply for a new Green Card to re-enter the U.S.
2. Reentry Permit
If you need to stay outside the U.S. for an extended period (e.g., for work, education, or family reasons), it is recommended that you apply for a Reentry Permit from USCIS before your departure. This document allows you to remain outside the U.S. for up to two years while maintaining your intent to reside permanently. Applying for a Reentry Permit is highly advantageous in preserving your Green Card upon your return. However, even with this permit, you must maintain your ties to the U.S. during your absence.
3. Physical Presence in the U.S. Requirement
Green Card holders are expected to physically reside in the U.S. If you spend extended periods outside the U.S. without being physically present, U.S. Customs and Border Protection (CBP) officers may determine that you no longer intend to reside permanently in the U.S. To maintain your Green Card, you should maintain a U.S. address, employment, and file taxes. Simply entering and exiting the U.S. is not sufficient to meet this requirement.
Even for trips less than one year, you may need to prove your intent to reside permanently when you return. It is essential to keep strong ties to the U.S., such as maintaining an address or job and filing tax returns.
4. Tax Filing Obligation
Green Card holders must file taxes annually during their time in the U.S. Even if you live outside the U.S., you remain a U.S. taxpayer, and you must file a return regardless of your income. Failure to file taxes or claiming tax residency in another country can jeopardize your permanent resident status. Filing taxes with the IRS on time and accurately demonstrates compliance with your legal obligations and helps protect your status.
5. Green Card Renewal and Expired Cards
Green Cards are generally valid for ten years, and you must renew them before they expire. Even if your Green Card has expired, you do not lose your status, but it may cause difficulties when traveling or working. To renew your Green Card, you need to submit Form I-90 to USCIS. Expired Green Cards can create complications, particularly when traveling or seeking employment, so it’s essential to renew them promptly.
Conditional Green Card holders must be aware that their cards expire after two years. Before this expiration, they must apply for a permanent Green Card, or they risk losing their status.
6. Timeframes for Citizenship
Green Card holders who wish to become U.S. citizens must maintain permanent residence in the U.S. for a specific period. Generally, you must be a permanent resident for five years to apply for citizenship. However, if you are married to a U.S. citizen, this period is reduced to three years. Before applying, you must also have spent a certain amount of time physically in the U.S. Being outside the U.S. for more than 30 months during this time can negatively affect your citizenship application. It’s also essential to have a continuous U.S. address and maintain strong ties to the country when applying.
7. Address Reporting Requirement
Green Card holders are required to notify USCIS if they change their address. If you move within the U.S., you must notify USCIS of your new address within ten days. Failing to do so can lead to serious consequences and may result in the loss of your permanent resident status.
8. Returning Resident Visa (SB-1 Visa)
If you stay outside the U.S. for more than one year without a Reentry Permit and lose your Green Card, you may need to apply for an SB-1 (Returning Resident) Visa to return to the U.S. This visa helps you regain your permanent resident status, but the process can be time-consuming and challenging. U.S. consulates carefully review SB-1 visa applications, and you must prove your intent to reside permanently in the U.S.
Conclusion
Maintaining your Green Card status involves following essential timeframes and conditions. Staying outside the U.S. for long periods can put your permanent resident status at risk. When making travel plans, it is vital to obtain the necessary permits and maintain strong ties to the U.S. Renewing your Green Card before it expires, filing taxes correctly, and reporting your U.S. address are crucial obligations.
CK Law Firm provides professional guidance on how to maintain your legal status in the U.S. as a Green Card holder and advises on the timeframes required for citizenship applications. If you have questions about maintaining your Green Card, it’s advisable to consult an immigration attorney. For more information and consultations, please contact us at cklawfirm.org, via email at info@cklawfirm.org, or reach out through LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
By Asim Kilinc, Immigration Attorney at CK Law Firm
E1 and E2 visas offer significant opportunities for entrepreneurs wishing to engage in trade or make investments in the United States. However, the application process for these visas can be complex, and mistakes made by applicants can lead to delays or even denials. In this article, we will thoroughly examine the most common mistakes made when applying for E1 and E2 visas and explain how to avoid them. By using this information, you can strengthen your application and increase your chances of success.
- What Are E1 and E2 Visas?
- Providing Incomplete or Incorrect Documents
- Insufficient Investment Amount
- Submitting a Weak Business Plan
- Using Personal Income for the Investment
- Misunderstanding Visa Types and Requirements
- Failing to Manage Visa Status Correctly
- Overlooking the Application Process for Family Members
If you have further questions on this topic, feel free to leave a comment below this article, send me a message directly via LinkedIn, or reach out through the website of CK Law Firm, where I am a co-founder!
What Are E1 and E2 Visas?
- E1 Visa is a trade visa granted to nationals of countries that maintain substantial trade with the United States. Applicants must provide evidence of significant trade with the U.S.
- E2 Visa is for investors who make a significant capital investment in the U.S. It is suitable for entrepreneurs who want to start a business or take over an existing one.
Both visa types offer significant opportunities for businesspeople looking to trade or invest in the U.S., but mistakes made during the application process can lead to serious issues.
Here are the most common mistakes encountered in E1 and E2 visa applications:
1. Providing Incomplete or Incorrect Documents
One of the most common mistakes during the application process is submitting incomplete or incorrect documents. E1 and E2 visa applications require meticulous and detailed documentation. For instance, applicants for the E1 visa must prove that they conduct regular and substantial trade with the U.S. Meanwhile, E2 visa applicants need to present evidence that their investment is “substantial.”
- For the E1 visa, you must provide documents such as trade invoices, shipping documents, and agreements with your U.S. trade partners to substantiate your trade volume.
- For the E2 visa, you need to provide documentation on the size of the investment, the source of the funds, your business plan, and how the investment will contribute to the U.S. economy. Submitting incomplete or incorrect documents can delay or even result in the rejection of your application.
Tips:
- Ensure that all documents are complete.
- Carefully review the official guidelines provided by the U.S. government to make sure that your documents are current.
2. Insufficient Investment Amount
For E2 visa applications, the investment must be deemed “substantial.” However, many applicants misjudge the required investment amount and apply with insufficient funds. If the U.S. government determines that the investment is not large enough to benefit the U.S. economy, the application may be denied.
- The concept of substantial investment varies depending on the type and needs of the business. For example, opening a large factory will require a higher investment, whereas a smaller business might require less. However, you must ensure that the investment is sufficient to meet the needs of the business.
Tips:
- Determine your investment amount based on the actual needs and sustainability of the business. Be detailed in your business plan, explaining every financial item.
- Consider the industry requirements and how your investment will benefit the U.S. economy.
3. Submitting a Weak Business Plan
For E2 visa applicants, the business plan plays a crucial role in the approval process. Many applicants are denied because they fail to provide a sufficiently detailed business plan. The plan must demonstrate that the investment is sustainable and that it will contribute to the U.S. economy. Visa officers want to see that the business will succeed in the long run.
- The business plan should include financial projections, staffing needs, growth strategies, and market analysis. A superficial or inadequate business plan can lead to the denial of your application.
Tips:
- Detail every aspect of your business in the plan, especially focusing on financial projections and job creation in the U.S.
- Have your business plan reviewed by an expert and ensure that it complies with U.S. legal requirements.
4. Using Personal Income for the Investment
Many applicants apply for an E2 visa using only personal income. However, the U.S. government often does not consider personal income sufficient. The investment must be based on a broader financial base to support the sustainability and growth of the business.
- The structure of your investment must meet the needs of the business to ensure a positive outcome for your application.
Tips:
- Ensure that your investment contributes to the growth and sustainability of the business.
5. Misunderstanding Visa Types and Requirements
One of the most common mistakes is applying for the wrong visa due to a misunderstanding of the differences between E1 and E2 visas. The E1 visa is for nationals of countries that engage in trade with the U.S., while the E2 visa is for those who wish to invest in the U.S. Not understanding the key differences between these visas can lead to a denial.
Tips:
- Understand which visa type is suitable for your situation before applying.
- Carefully analyze whether you meet the requirements for both visa types.
6. Failing to Manage Visa Status Correctly
E1 and E2 visas are typically temporary, meaning you cannot stay in the U.S. indefinitely. However, many applicants mistakenly believe that these visas lead to permanent residency (Green Card) and develop incorrect strategies. Since these visas do not provide permanent residency, you need to take the correct steps to extend or renew your stay.
Tips:
- Keep track of your visa expiration date and apply for extensions on time.
- Consider other paths to permanent residency, remembering that this process is separate from E1/E2 visas.
7. Overlooking the Application Process for Family Members
E1 and E2 visa holders’ spouses and children under 21 also have the right to live in the U.S. However, there are separate application processes for these family members. Many applicants overlook this process, leading to complications for their family members.
Tips:
- Remember that separate applications are required for your spouse and children.
- Prepare all necessary documents accurately and completely for family members’ applications.
Conclusion
E1 and E2 visas provide valuable opportunities for those looking to trade or invest in the U.S. However, mistakes during the application process can have serious consequences and lead to visa denial. By avoiding the common errors listed above, you can strengthen your application and secure your opportunity to do business in the U.S. Submitting the correct documentation, preparing a comprehensive business plan, and managing your visa status properly will increase your chances of success. For more information and consultancy services, feel free to reach out to us via our website at cklawfirm.org, by email at info@cklawfirm.org, or through LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In the United States, the Social Security Number (SSN) is a critical component for personal identification and financial transactions. This number is essential for individuals who will work, pay taxes, or apply for social security benefits in the United States. In this post, we will explore who is eligible to obtain a Social Security Number and how the application process works:
- What is a Social Security Number?
- Who Can Obtain a Social Security Number?
- Application Process for a Social Security Number
- The Importance of the Social Security Number
- Alternatives for Those Unable to Obtain a Social Security Number
If you have additional questions, please feel free to reach out through the comments section below, send me a direct message on LinkedIn, or contact me through the website of CK Law Firm, the immigration law firm I co-founded!
What is a Social Security Number?
A Social Security Number is a number used by the U.S. government to identify individuals. It is used for many important transactions, including social security benefits and tax filings. Additionally, employers, banks, and other financial institutions use this number to verify an individual’s identity.
Who Can Obtain a Social Security Number?
Several categories of individuals can apply for a Social Security Number, typically divided into three main groups:
- U.S. Citizens:
- Individuals born in the U.S. or who have gained citizenship can obtain a Social Security Number from birth or after gaining citizenship. Those born in the U.S. can apply for this number with a birth certificate. For American citizens, the process is usually straightforward and is often completed shortly after birth.
- Permanent Residents (Green Card Holders):
- Green Card holders, who have the legal right to live and work in the U.S., can apply for a Social Security Number by contacting the Social Security Administration. Green Card holders need this number to find work and conduct banking transactions in the U.S.
- Temporary Work Permit Holders:
- Foreign nationals in the U.S. on temporary work visas such as H-1B, L-1, or E-2 may also apply for a Social Security Number. To apply, these individuals must have a valid work permit and be legally authorized to work in the U.S. and meet tax filing requirements.
Application Process for a Social Security Number
To obtain a Social Security Number, applicants must follow specific steps and prepare required documents. The application process includes the following steps:
Preparing Required Documents
Applicants must prepare the following documents to apply for a Social Security Number:
- Identity Document: U.S. citizens must provide a birth certificate or passport. Foreign nationals must provide a valid passport or U.S. entry visa.
- Immigration Status Documents: Green Card holders must provide a copy of their Green Card, while those on temporary visas must present work authorization documents.
- Work Permit: Individuals on temporary work visas must have a valid work permit issued by U.S. Citizenship and Immigration Services (USCIS).
Submitting Application to the Social Security Office
Applicants must visit the nearest Social Security Administration (SSA) office to submit their application. During the process:
- Forms are Completed: The application form provided by the SSA must be filled out accurately. This form requests personal information, immigration status, and contact details.
- Documents are Submitted: The prepared documents must be submitted to the office. These documents are used to verify the applicant’s identity and immigration status.
- Identity Verification: The SSA office will check the validity of the documents and confirm the applicant’s identity.
- Processing the Application
Processing the application typically takes 2-4 weeks. During this time, the applicant will receive their Social Security card via mail. Once approved, the applicant can use the number for various transactions.
The Importance of the Social Security Number
The Social Security Number is necessary for many essential processes in the U.S. Here are a few examples:
- Tax Filing: Social Security Numbers are used when filing income tax returns. Employers track their employees’ income and tax information using this number.
- Employment and Banking: The Social Security Number is required for job applications, opening bank accounts, and applying for credit.
- Social Security Benefits: This number is used when applying for Social Security benefits. These benefits include retirement, disability, and survivor payments.
Alternatives for Those Unable to Obtain a Social Security Number
Not everyone may be eligible for a Social Security Number. Foreign nationals in the U.S. on temporary visas without work permits, or those on tourist visas, may consider alternative options:
- Individual Taxpayer Identification Number (ITIN): Those who cannot obtain a Social Security Number can apply for an ITIN through the U.S. Internal Revenue Service (IRS). The ITIN is necessary for individuals who need to file a tax return. While ITINs can be used in place of Social Security Numbers, they are not sufficient for social security benefits or certain financial transactions.
Conclusion
The Social Security Number plays a critical role in living and working in the U.S. U.S. citizens, Green Card holders, and individuals with temporary work permits can obtain this number to legally work and carry out financial transactions. The application process requires proper documentation and accurate form completion. For more information and legal assistance, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
By Asim Kilinc, Immigration Attorney at CK Law Firm
For foreign citizens who wish to begin living in the United States, various visa types are available. Among them, the K-1 fiancé visa and marriage visas (CR-1 and IR-1) stand out. Both visa types offer different processes and advantages for foreign nationals who wish to marry U.S. citizens or Green Card holders. In this article, we will comprehensively examine the application processes, advantages, and disadvantages of the K-1 fiancé and marriage visas:
- What is the K-1 Fiance Visa?
- K-1 Fiance Visa Application Process
- What is the Marriage Visa (CR-1/IR-1)?
- Marriage Visa Application Process
- Advantages of K-1 and Marriage Visas
- Disadvantages of K-1 and Marriage Visas
- Differences Between K-1 and Marriage Visas
If you have any additional questions, feel free to leave a comment below, send me a message on LinkedIn, or reach out via the CK Law Firm’s website!
What is the K-1 Fiance Visa?
The K-1 fiancé visa is a type of visa that a U.S. citizen can apply for to bring their fiancé(e) living abroad to the United States, where they must marry within 90 days. The purpose of the K-1 visa is to provide a fast solution for couples to reunite and marry in the U.S.
K-1 Fiance Visa Application Process
Preparing the Application:
Form I-129F: The U.S. citizen submits Form I-129F (Petition for Alien Fiancé(e)) to USCIS (U.S. Citizenship and Immigration Services). This form includes details about the engagement and personal information of both fiancés.
Supporting Documents: Evidence proving the engagement (photos, messages, vacation bookings) and documents showing the financial standing of the U.S. citizen petitioner (tax returns, pay stubs) should be attached.
USCIS Approval and Fiance Visa:
Application Review: USCIS reviews the application and either approves or denies it. Approved applications are sent to the U.S. Department of State.
Consulate Interview: The fiancé(e) is called for an interview at the U.S. Consulate. The authenticity of the relationship and the fiancé(e)’s background are questioned. Medical records, a criminal record, and other required documents must be submitted.
Entry into the U.S. and Marriage:
Visa Approval: Once the K-1 visa is approved, the fiancé(e) can enter the U.S. After arriving, the couple must marry within 90 days. Otherwise, the fiancé(e) must leave the U.S.
After Marriage: Once the marriage is completed, the couple can apply for a Green Card. The Green Card process is separate from the fiancé visa process.
What is the Marriage Visa (CR-1 / IR-1)?
The marriage visa is an immigrant visa granted to foreign nationals married to U.S. citizens or Green Card holders. The marriage visa allows the couple to move to the U.S. together and grants the foreign spouse permanent residency.
Marriage Visa Application Process
Preparing the Application:
Form I-130: The U.S. citizen or Green Card holder submits Form I-130 (Petition for Alien Relative) to USCIS. This form includes information about the marriage and the spouse’s personal details.
Supporting Documents: Proof of marriage (marriage certificate, photos) and documents proving the financial standing of the U.S. citizen petitioner (tax returns, bank statements) must be included.
USCIS Approval and Consulate Process:
Application Review: USCIS reviews the application and either approves or denies it. Approved applications are sent to the U.S. Consulate.
Visa Interview: The foreign spouse is called for an interview at the U.S. Consulate. The authenticity of the marriage and the spouse’s background are questioned. Medical records, a criminal record, and other required documents must be submitted.
Entry into the U.S. and Green Card:
Visa Approval: Once the marriage visa is approved, the spouse can enter the U.S. After arriving, they can apply for a Green Card. A conditional Green Card is granted for two years, and after this period, a permanent Green Card can be obtained.
Advantages of K-1 and Marriage Visas
- Advantages of the K-1 Fiance Visa:
- Faster Reunification: The K-1 visa allows couples to reunite more quickly. The post-marriage residency process progresses faster in the U.S.
- Better Planning: The K-1 visa offers couples the opportunity to plan their wedding and life together in the U.S.
- Advantages of Marriage Visas:
- Permanent Residency: The marriage visa grants permanent residency and work authorization for the foreign spouse. This allows long-term living and working in the U.S.
- Less Bureaucracy: The marriage visa application involves fewer bureaucratic procedures compared to the K-1 visa. The foreign spouse can apply directly for a Green Card upon entering the U.S.
Disadvantages of K-1 and Marriage Visas
- Disadvantages of the K-1 Fiance Visa:
- Time Limitation: The fiancé(e) must marry within 90 days of entering the U.S. If the marriage does not happen within this time, the fiancé(e) must leave the U.S.
- Additional Costs: The K-1 visa requires a separate Green Card application after marriage, which may result in higher overall costs.
- Disadvantages of Marriage Visas:
- Longer Process: The marriage visa process may take longer compared to the K-1 visa, potentially keeping couples apart.
- More Complex Procedure: The marriage visa process requires more documentation and interviews, making it more complex.
Differences Between K-1 and Marriage Visas
| FEATURE | K-1 FIANCE VISA | MARRIAGE VISA (CR-1 / IR-1) |
|---|---|---|
| Time | Shorter | Longer |
| Cost | Can be higher | Can be lower |
| Marriage Requirement | Must marry in the U.S. | Already married couples apply |
| Green Card Application | After marriage | Directly applies |
Conclusion
The K-1 fiancé visa and marriage visas are significant options for couples aiming to live in the U.S. Both visa types have different advantages and disadvantages. The K-1 visa allows couples to reunite faster, but may come with additional costs and time constraints. Marriage visas, on the other hand, offer permanent residency and less bureaucracy but may take longer to process. Choosing the most suitable visa type based on the couple’s needs and situation can be beneficial for both efficiency and cost. For detailed information and consultation services, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Studying in the United States is an important step for many international students to achieve their career goals and access broader opportunities. Particularly, gaining practical experience in their field of study after completing their education in the U.S. is extremely valuable for those planning to live in the U.S. permanently. At this point, the OPT (Optional Practical Training) program serves as a bridge, offering students a significant opportunity to take a step towards obtaining a Green Card. In this article, I will provide detailed information on what OPT is, how to apply, its duration, STEM OPT extension, job change rules, and its relation to the Green Card process.
- What is OPT?
- Types of OPT
- Duration of the OPT Program
- Eligibility Requirements for OPT
- OPT Application Process
- STEM OPT Extension
- Rules for Changing Jobs on OPT
- OPT and H-1B Visa
- Green Card Application Process
- Connection Between OPT and Green Card
- What Happens When OPT Expires?
If you have any questions beyond those listed above, feel free to reach out to me via the comment section of this article, through LinkedIn messages, or directly via the website of CK Law Firm, where I am a co-founder.
What is OPT?
Optional Practical Training (OPT) is a work authorization program that allows international students studying in the U.S. on an F-1 visa to gain practical experience by working in a job related to their field of study, either before or after graduation. The OPT program supports students’ academic careers and helps them gain a competitive advantage in the U.S. job market.
The OPT program stands out as a strategic opportunity, especially for students aiming to stay longer in the U.S. and pave the way for applying for a Green Card.
Types of OPT
OPT can be categorized into two main types, allowing students to obtain work authorization either before or after graduation:
- Pre-completion OPT: Students may request part-time work authorization (up to 20 hours per week) while continuing their studies. During school breaks, this can be extended to full-time. Pre-completion OPT is particularly beneficial for students looking to gain hands-on experience through summer internships or other temporary jobs related to their studies.
- Post-completion OPT: After completing their education, students can work full-time for one year in their field of study. This phase allows students to begin their professional careers and later apply for an H-1B visa and Green Card. Post-completion OPT serves as a critical starting point for a student’s career.
Duration of the OPT Program
The OPT program is generally valid for 12 months after graduation. However, students in STEM (Science, Technology, Engineering, and Mathematics) fields can extend this period. STEM graduates may extend their OPT for an additional 24 months, bringing the total duration to 36 months.
Eligibility Requirements for OPT
To apply for OPT, students must meet certain eligibility criteria:
- F-1 Visa: Students applying for OPT must hold a valid F-1 student visa throughout their education in the U.S.
- Full-time Student Status: At the time of application, students must be enrolled as full-time students in their program of study.
- Related Field of Study: The job students work in under OPT must be directly related to their field of study. For instance, an engineering student must work in a related engineering job and cannot work in a job unrelated to their field of study.
- Form I-765: OPT applications are submitted by completing the Form I-765 provided by U.S. Citizenship and Immigration Services (USCIS).
OPT Application Process
Applying for OPT is a crucial step for students completing their education in the U.S. The process generally involves the following steps:
- Timing of Application: Students applying for post-completion OPT can start the process up to 90 days before their graduation date. The approval process, depending on the volume of applications, can take 3-5 months. Therefore, timely submission of applications is critical.
- USCIS Approval: Once the application is reviewed and approved by USCIS, the student will receive work authorization. It is important for students to ensure all documents are complete during this process.
- Employment Authorization Document (EAD): Once approved, students will receive an EAD card, which indicates their legal right to work under OPT.
- Job Search Process: Students must find a job related to their field of study during their OPT period. If a student is unable to secure a job, the unemployment period is limited to 90 days. If a student does not find a job within this time, their work authorization may be revoked.
STEM OPT Extension
Students graduating from STEM fields are eligible for an additional 24-month extension after their initial 12-month OPT period. This extension gives STEM graduates a total of 36 months to stay in the U.S. and prepare for applying for a Green Card.
To qualify for the STEM OPT extension, the student’s employer must be enrolled in the E-Verify system, a government program that verifies the employment eligibility of workers. The job must be related to the student’s field of study, and the employer must be registered in E-Verify.
Rules for Changing Jobs on OPT
Students working under OPT can switch to different jobs as long as they are in a field related to their studies. However, any job changes must be reported to USCIS. Students must not remain unemployed for more than a total of 90 days. When changing jobs, students should ensure that the position is still relevant to their field of study and meets the requirements of the OPT program.
OPT and H-1B Visa
OPT can be seen as a stepping stone towards obtaining an H-1B visa for students planning to work in the U.S. permanently. The H-1B visa is a work visa granted to foreign nationals in specialized occupations. If a student finds an employer during their OPT period who sponsors them for an H-1B visa, they can continue working in the U.S. and begin the Green Card application process.
Green Card Application Process
OPT is a critical step for students aiming to apply for a Green Card. If an employer sponsors an H-1B application and the student stays in the U.S. for a longer period, they can initiate the Green Card application process. Through employer sponsorship, a student can obtain permanent residency in the U.S.
Connection Between OPT and Green Card
OPT, particularly for students in STEM fields, plays a crucial role in the path towards obtaining a Green Card. With the STEM OPT extension, students can work in the U.S. for up to 36 months, increasing their chances of obtaining employer sponsorship for a Green Card. Students who gain work experience in the U.S. job market during OPT are more likely to secure an H-1B visa, paving the way for long-term residency.
What Happens When OPT Expires?
When OPT expires, students typically apply for an H-1B visa. The H-1B visa is sponsored by an employer and allows individuals to continue working in their specialized field. With the H-1B visa, individuals can apply for a Green Card and secure permanent residency. If an H-1B application is not submitted during the OPT period, and the student is not in a STEM field, they may risk losing their legal status in the U.S.
In conclusion, OPT not only offers international students the opportunity to gain practical experience in their field of study but also serves as a crucial first step towards obtaining permanent residency in the U.S. For STEM graduates, the additional extension provides a significant advantage for those looking to apply for a Green Card.
Proper management of the OPT application process and collaboration with USCIS is essential. At CK Law Firm, we are here to support you at every stage, from OPT applications to the Green Card process. For more information and consultation services, feel free to reach out to us via cklawfirm.org, email us at info@cklawfirm.org, or contact us through LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
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