For Which Visa Do I Qualify?

Deciding which visa makes the most sense for you can be a difficult process.  Fortunately, the Washington, D.C. visa lawyers at Tobin, O’Connor & Ewing have years of experience helping foreign-born people visit, live, and work in the United States. We can help you decide which visa you need, and then guide you through the application process.

Visitor and business visas

The most commonly used nonimmigrant visas—visas that permit you to stay temporarily in the United States, but do not open a path to a green card and lawful permanent residence—are B-1 and B-2 visas. 

• B-1 visas—business visas—are mostly for people who want to visit the United States to consult with business associates, attend professional, educational, or scientific conventions, settle an estate, or negotiate a contract. 

• B-2 visas—tourist visas—are for people visiting the United States for pleasure, tourism, or medical treatment.  You may not accept employment in the United States on a B visa.

Many people need not apply for visas at all to visit the United States for brief periods of time, generally 90 days or less.  Currently, most western and northern European countries, Australia and New Zealand, and Japan and Singapore participate in the visa waiver program.  Their citizens may enter the United States legally without a visa. 

Visas permitting you to work in the United States

A number of visas are available that allow visa holders to work in the U.S.  Many of these visas allow you to apply for a green card and lawful permanent resident status.

• H-1B visas. These visas pertain to people who wish to perform specialty services in a specialized occupation for up to six years.  Generally, you must have a Bachelor’s degree or equivalent to apply, and your employer must apply with you after consultation with the Department of Labor.  Washington, D.C. H-1B visas do not necessarily create a path to a green card or lawful permanent residency, but in some cases you may apply for an employment-based green card, and there are other ways of adjusting your status.

• K visas. American citizens may bring their fiancées and fiancées’ children to live in the United States before marriage.  K-1 visas permit U.S. citizens to bring their fiancées to the United States before marriage—once married, the K-1 visa holder can adjust status to that of a lawful permanent resident.  K-2 visas permit U.S. citizens to bring minor children of their K-1 visa-holding fiancée into the United States, as well.  K-3 visas are nonimmigrant fiancée visas, for fiancées of U.S. citizens residing abroad who wish to enter the United States temporarily but are not considering applying for green card status.  K visas do not in themselves permit the holder to work in the United States, but Washington, D.C. K visa recipients may apply for—and generally are granted—a U.S. work permit.

• EB-5 visas. EB-5 visas are for immigrant investors in the United States.  In general, you must invest at least $1 million—although in designated targeted employment areas you may invest as little as $500,000—and create ten jobs for U.S. citizens, residents, or others legally permitted to work in the U.S., excluding yourself, your spouse, and your children.  A Washington, D.C. EB-5 visa permits you to enter the United States as a conditional permanent resident. After two years, you may apply to lift the conditions and become a lawful permanent resident green card holder. 

Simplify the process with a Washington, D.C. work visa lawyer

Before you decide to apply for any visa that allows you to work in the United States or that creates a path to lawful permanent residency, consult with a work visa lawyer in Washington, D.C.  Dealing with United States Citizenship and Immigration Services (USCIS) can be difficult, time-consuming, and confusing: let one of the experienced work visa lawyers at Tobin, O’Connor & Ewing expedite the process. Call us at (202) 536-3359 or email us today to discuss which work visa you best qualify for and how we can help.