In the following we have listed the most frequently asked visa questions and the suitable answers from our visa experts compiled. In addition to general information on US visas we provide an overview of our services. In addition, you will find here the most important points around the Visa Waiver Program as well as the most important facts about the US nonimmigrant visas and their different access requirements, application processes and processing times.
The decisive factor for ESTA validity is not the duration of stay, but rather theTime of entry. For example, if the USA stay is planned from September 10 to 20 and the ESTA application expires on September 15, the current ESTA authorization can still be used for this USA trip (even if the authorization expires during the stay).
The length of time ESTA travelers are allowed to stay in the United States is determined by their residency status, which is determined by CBP officers upon entry. Dates of entry and exit are listed in the online ESTA.I-94 Entry formin the range"View Compliance"apparent.
Incidentally, the validity of the personal ESTA authorization can be checked online at any time. Via the official ESTA website, the ESTA application can be retrieved at any time. We recommend allVisa Waiver Programtravelers to check existing ESTA applications online for validity prior to travel.
The Visa Waiver Program allows travelers a maximum stay of up to 90 days per entry. This is not a legal entitlement: the border officials decide whether and for how long the person may enter the country and note this in the passport. In addition, the respective residence status forVisa Waiver ProgramTravelers online via the electronicI-94 Shaperecorded in the system of the US authorities.
An extension of the stay beyond these 90 days is not possible. An extension of the VWP residency status in the USA on site is basically not permitted, even by short entry and re-exit, e.g. to Mexico or Canada. Travelers to the USA are therefore strongly advised to adhere to the maximum length of stay of 90 days in order to prevent problems the next time they enter the United States.
The Global Entry procedure serves exclusively to accelerate the entry procedure and does not replace an entry and residence permit.
Thus, participants of the Global Entry Program still need a valid U.S. visa or a valid ESTA authorization (if they are traveling visa-free) to enter the U.S. in any case.Global Entry registration is possible with the most common US visas (e.g. B-1 Business Visa or E-Work Visa).
Attention: The use of Global Entry is not possible with all visa categories.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Slovak Republic, Slovenia, Singapore, Spain, Sweden, Switzerland, Taiwan, United Kingdom.
Important!Since January 21, 2016, nationals of the above countries are not allowed to enter visa-free if they:
Some exceptions apply to travel or presence for official reasons (e.g. as a diplomat or soldier of a VWP country). But VWP nationals who also hold Iranian, Iraqi, Sudanese or Syrian citizenship cannot use this exception and are thus forced to apply for a visa.
(Status: 25.04.2016)
ESTA applications can be submitted at any time prior to travel to the USA (even without specific travel dates). We strongly recommend that you apply for an authorization as soon as you start planning your trip, but no later than 72 hours before departure.
Please be sure to keep the application number you received. You will need this number to be able to change any data afterwards.For example, if an applicant's destination address or travel dates change after the permit has been issued, the information can be easily updated on the ESTA website.
Of course, ESTA applications can also be submitted at very short notice, as approval is usually granted within a few seconds. Nevertheless, for the safety of our customers we recommend to apply for an approval as early as possible!
In most cases, the ESTA system determines online almost immediately (within a few seconds) whether the applicant will be allowed entry under the VWP. However, the approval phase can also take up to 72 hours.
The following three responses to the online inquiry are conceivable:
If you receive an "approval is being processed" response, you will need to log back into your application at a later time on the ESTA website and check to see if a final response has been issued.
The airlines or shipping companies have the possibility to check at the check-in on the basis of the passport data of the traveler whether an ESTA authorization is available. A printout of the issued ESTA authorization is therefore usually not mandatory.
A few airlines request a printout of the ESTA approval from travelers in advance. If you want to be sure, you can have a printout of the positive ESTA notice ready on the day of your trip.
The U.S. Department of Homeland Security (DHS) will send a reminder to individuals who have provided their email address in the application and havewhose ESTA travel authorization expires.
The email currently states the following:
ATTENTION! Your travel authorization submitted on (date) via ESTA will expire within the next 30 days. It is not possible to extend or renew a current ESTA. You will need to reapply athttps://esta.cbp.dhs.govif travel to the United States is intended in the near future. If there are 30 or more days left on the old authorization you will receive a warning message during the application process and be asked if you wish to proceed.
All travelers are obliged to check whether they still have a valid ESTA authorization before departure.
No, ESTA is not a visa. It is an application for travel authorization that only travelers who are visa free are allowed to travel to the USA(see FAQ Which countries participate in the Visa Waiver Program?), put.
The Electronic System for Travel Authorization (ESTA) allows the U.S. Department of Homeland Security (DHS) to determine whether travelers are eligible to enter the United States under the VWP prior to travel.
Visa holder
As a rule, visa holders do not need to apply for ESTA approval.However, the reason of your entry must correspond to the visa category.If not, it is recommended to apply for ESTA approval. As an example: A traveler has a US work visa, but is flying to the USA for purely tourist purposes. Here we recommend to fill out an ESTA authorization in advance to be on the safe side.
The VWP can also be used for business activities ("Business Visa Waiver"), albeit in a very limited scope. For example, for trade fairs or meetings with business partners or customers. All further business entry purposes that correspond to "work" (such as consulting services, etc.) no longer fall under this program, even if the stay should be limited to 90 days. Here must be a US Work Visa be requested in advance.
Not infrequently, the lines between using the VWP and having to apply for a visa are blurred -- because it is not always clear whether the U.S. immigration authorities will consider an activity as "work" or not. The key here is to weigh up on a case-by-case basis, by taking into account all the underlying conditions (such as frequency of entry, purpose and duration of stay), whether a visa-free entry is sufficient or whether a visa is required. In addition, one should not forget that the border official, who will ask questions about your purpose of stay, may understand everything that is not a meeting or participation in trade fairs as work and then deny you entry.
However, we will be happy to advise you on this topic!
A stay of up to a maximum of 90 days at a time per entry is possible. An extension of the residence status in the U.S. is generally not allowed, not even by short entry and re-exit, e.g. to Mexico or Canada.
A so-called change of status to a US visa is generally not possible under the Visa Waiver Program. In the case of higher entry frequencies and longer periods of stay, a change of status to a B-1 Business Visitor Visa be applied for in advance of entry or, if applicable, a US Work Visa.
1. passport information (passport number or expiration date) or personal data (name, place or date of birth) is incorrect or has changed:
The only way to correct this information is to fill out a new ESTA application. If your previous ESTA authorization was granted, you should be able to submit a new application without any problems. To be on the safe side, please close all browser windows or the ESTA website before submitting the new ESTA application.
Ignore possible indications that there is already an ESTA travel authorization in the system and confirm that you actually want to fill out a new application. Once the new ESTA application has been submitted, the old ESTA registration will be deleted.
For the new ESTA application, the fee of 14 US dollars will apply again.
Please print out the new, correct ESTA application for your own safety.
2. your contact details (e.g. e-mail address or postal address) are incorrect or have changed:
If this information changes after the permit has been issued, or if you notice an error, this can easily be updated on the ESTA website by selecting the "Update or Check Status" button.
The validity period of the ESTA registration is not affected by updating your data. There are no additional fees for updating the ESTA application.
Please be sure to keep your application number. You will need this number to be able to change any data afterwards. (In an emergency, it is also possible to update this data without the application number by providing personal data).
3. you incorrectly answered a security question that was critical to your eligibility to enter the U.S. under the VWP and as a result you were not granted ESTA travel authorization:
In any case, if you misunderstood the question or originally thought that an incident from your past was grounds for rejection and have now found out that it is not, you should email United States Customs and Border Protection (U.S. Customs and Border Protection, CBP)get in touch.
A new ESTA authorization must also be requested. Please note that despite a new, approved ESTA permit, there may be difficulties at the border. If, for example, you answered "Yes" to the question about possible criminal records and now ticked "No", the border official could assume that you want to conceal a possible (but existing) criminal offense. The same applies to information about possible infectious diseases, visa refusals, etc. In case of doubt, you should consider applying for a visa at the U.S. consulate if the "yes/no" questions in the initial ESTA application are incorrect, in order to prevent problems upon entry.
VWP travelers who cannot present an ESTA authorization will certainly be denied access to the commercial airplane/ship. The airlines or shipping companies have the possibility to check at the check-in, based on the passport data of the traveler, whether an ESTA authorization is available.
ESTA authorization is not required if you are entering the USA by land (from Canada or Mexico). However, if you are traveling by commercial ship or plane, you will definitely not be allowed to enter the US at the border without ESTA authorization. Don't hope for exceptions, the US border officials enforce this legal rule consistently.
An entry fee of $21 is charged for an ESTA application or updating an existing ESTA application.
The fee is due when applying for the ESTA permit on the Internet. The ESTA application will only be processed after payment has been received. Payment can only be made by credit card (MasterCard, VISA, American Express, Discover) or debit card. However, payment of the application fee can also be made by third parties, e.g. relatives or travel agents, if you do not have your own credit card.
Who is exempt from the fee not affected:
The fee is not charged per entry, but per ESTA authorization. And the ESTA authorization is usually valid for two years, unless the passport expires earlier.
The ESTA fee of $21 is made up of two types of fees:
If the ESTA application is denied, only the fee for processing the application will be charged and deducted from the credit card, i.e. $4.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Some universities or colleges in the U.S. require their students to present their Social Security Number. However, normally the number is not issued to persons who are temporarily in the United States on an F-1, J-1 or M-1 visa. In this case, the universities should be able to assign a different identification number to the foreign students concerned.
If you want to take up employment that is permitted under the respective student visa, you can apply for a Social Security Number.
SEVIS stands for Student and Exchange Visitor Information System. This is an online database of the U.S. government which enables the U.S. Department of Homeland Security and the U.S. Department of State to access data of all exchange students who are in the United States. The educational institution's SEVIS registration is required in order to issue the I-20 form which is mandatory for the visa application. To pay the SEVIS fee, a SEVIS number is required, which can be found on the I-20 document.
The I-20 form is issued by the respective educational institution provided that the U.S. educational institution is SEVIS registered. You can find out whether this is the case by using the school search tool of the U.S. authorities.
Please note: The I-20 is not an application form that you can download from the Internet.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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We work together with the visa sponsors InterExchange and TravelWorks and act as an interface between the main applicant (graduate), the employer in the home country, the host company in the United States, the U.S. authorities and the respective exchange organisation. If you have any further questions, please do not hesitate to contact us.
Further visa sponsors can be researched on the official website of the U.S. authorities.
An extension is only possible if the total duration does not exceed 12 months for internships or 18 months for trainings. If the applicant is still enrolled at a university or is still in training, an application for a J-1 visa can be made as often as desired.
Exception: Trainees must wait two years before they can apply again. This also applies to all applicants who had already applied for the category "Internal" and now wish to apply for "Trainee".
The J visa entitles its holder to take part in an internship, training or exchange program. These activities may be remunerated, but ordinary employment or unpaid work is strictly prohibited.
Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.
There are a variety of J-1 exchange programs:
Each category, of course, has its own entry requirements and program regulations.
Application documents for a J-1 visa include a variety of documents related to the applicant as well as the U.S. institutions (e.g., educational institution or U.S. company). Processing is a very complex and time-consuming process. Generally, a generous window of time should be allowed for the issuance of a J-1 visa. For example, for the issuance of a J-1 visa in the "Intern" or "Trainee" category, a minimum of ten to twelve weeks Therefore, the application should be initiated as early as possible.
The background to this long process is that the J-1 visa must not be applied for exclusively at the U.S. consulate, but additionally with the help of an exchange organization (J-1 Visa Sponsor). These organizations have been authorized by the U.S. Department of State to verify that the programs are carried out in accordance with U.S. guidelines. After a review of the applicant as well as the U.S. institution, if applicable, the form will finally be DS-2019 ("Certificate of Eligibility for Exchange Visitor (J-1) Status"), which in turn is mandatory to apply for a J-1 visa.
Exchange organizations usually charge a minimum age of 18 years (except for the category "Secondary School Student", where a minimum age of 15 years is sufficient).
Except for the "Au Pair" category, which is subject to a maximum age limit of 26, there are no age limits set by the U.S. Department of State (DOS). However, it is at the discretion of the respective visa sponsors to set such a limit for participants in a particular category. Therefore, this should always be discussed with the J-1 visa sponsor who ultimately submits the form.DS-2019The U.S. Department of State provides specific and very strict guidelines regarding the J-1 visa. Although the U.S. Department of State provides specific and very strict guidelines regarding the J-1 visa, the admission requirements of the exchange organizations sometimes vary significantly.
If necessary, the planned stay in the USA can also be part of a company-internal training with an B-1 Visa (Business Visitor) possible. However, the individual case must always be considered and thus individually checked whether the B-1 visa actually represents an alternative to the J-1 visa.
Whether a high school diploma is a requirement for obtaining a J-1 visa depends on the category.
For example, to qualify in the "Internal" category, the applicant must be an enrolled full-time student at an institution of higher education (outside the U.S.) or have successfully completed studies at such an institution within the last twelve months.
One of the following qualifications is required for the Trainee category:
or
The form DS-2019("Certificate of Eligibility for Exchange Visitor (J-1) Status") is mandatory to apply for a J-1 visa and can only be issued through an exchange organization (J-1 Visa Sponsor). These organizations have been authorized by the U.S. Department of State to verify that the exchange programs are conducted in accordance with U.S. guidelines and thus bear a very high level of responsibility for the program participants.
The original DS-2019 form must be presented during the interview appointment at the U.S. Consulate and should be carried with you throughout the program, as it will be required for any program-related entry into the U.S. or extension. Please note that there is no way to avoid involving an exchange organization. A list of designated organizations can be found at the following link: www.j1visa.state.gov/participants/how-to-apply/sponsor-search
At the Form DS-2019 is a numbered and limited form that cannot be filled out and downloaded from the Internet, but is issued only after a detailed evaluation of the participant and the U.S. institution. The issuance of the DS-2019 form is done with the help of the Student and Exchange Visitor Information System (SEVIS). This web-based database allows both the U.S. Department of Homeland Security and the U.S. Department of State to directly view the data of all J-1 visa holders who are in the United States. SEVIS includes information on the participant's location, U.S. host entity, and legal status, among other information. Once the data has been entered into SEVIS, the exchange organization is responsible for keeping this data current throughout the duration of the stay and adjusting it if necessary, e.g. in the event of an extension of stay or a change of U.S. host company.
Depending on which J-1 category is being applied for, additional documentation may be required (e.g., degree certificates, evidence of job-related work experience, etc.).
In principle, it is possible to assign an intern in the "Intern" or "Trainee" category to several U.S. locations, provided that each of the individual U.S. locations meets the specific requirements of the exchange organization. Among other things, the number of interns and trainees must be in proportion to regular employees in order to ensure professional supervision by sufficient staff.
It is important that this so-called "Company Transfer" is noted in advance in the Training/Internship Placement Plan (DS-7002) with the corresponding US offices and addresses. Please also note that this intra-company transfer is only possible within the company group; a longer-term transfer to a customer's location is not permitted under any circumstances. Interns and trainees may of course participate in business meetings at the customer's site or customer visits outside the specified US location if accompanied by the supervisor of the US host company.
The J-1 visa can be used for multiple entries only if on the form. DS-2019a travel validation has been noted by the exchange organization. The Travel Validation is necessary because the visa is valid only in connection with the DS-2019 form (on which the specific period of the exchange program is noted).
For this reason, it is particularly important that the relevant exchange organization is contacted in good time in the case of an upcoming travel project. First, the original DS-2019 form must be sent to the organization by mail. Subsequently, an authorized signatory signs the DS-2019 again and thus confirms that the holder of the J visa is "in good standing". This signature is valid for six months and allows the U.S. immigration officer at the border to see directly that all program guidelines have been met and the visa holder may re-enter without difficulty.
When the exchange program has officially ended, there is the possibility to stay in the USA for an additional 30 days ("Grace Period"), for example to travel around the USA. Please note that under no circumstances should the United States be left during this time in order to re-enter afterwards. The DS-2019 form and the J-1 visa will have already expired, i.e. re-entry into the U.S. would theoretically have to be visa-free with the electronic travel authorization (ESTA) can be made. However, the risk of rejection on the part of the U.S. border agent would be too high.
Accompanying spouses and unmarried children up to age 21 receive derivative status upon application and thus a J-2 visa. Both spouses and children can apply for a General Work Permit (GWP) after entering the country with this visa.Employment Authorization Document, EAD) in the U.S. with the U.S. Citizenship and Immigration Services (USCIS). J-2 holders may also attend public or private educational institutions (schools/universities).
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Employees or business owners must also meet a certain requirement profile to obtain an E-1 visa:
NOTICE: There is no minimum period of employment for employees within the group of companies, as is the case with the L visa. Consequently, new personnel can also be sent or deployed in the USA via E-1/E-2 status. However, it is also necessary to prove that new employees who are not managers or directors have the necessary specialized knowledge.
In contrast to many other work visas, not only the respective applicants (employees and/or company owners) receive an E-1/E-2 visa and thus a work permit for the US in the initial application process - rather, the US company is simultaneously "registered" with the US authorities for (usually) five years as a whole at the US consulate (= E-registration).
What are the advantages of this registration process?
Within the next five years, additional employees (including new hires, if applicable) can be sent to or deployed at the US company in a greatly simplified process.
This eliminates the need to submit an elaborate application in advance for additional E-1/E-2 visa processes within the approved registration period. Employees can present their documents directly at a personal interview appointment at the relevant U.S. consulate. The simplified procedure means considerable cost and time savings for the company. Especially in comparison to the expensive L-visa procedure, the E-status is therefore always an alternative worth considering!
Nationality link of e-registration
The only shortcoming of E-registration: the nationality requirement for personnel. This means that German companies can only issue E-1/E-2 visas to German nationals. The same applies to companies that have a different nationality. For example, a French company would only be allowed to issue E-1/E-2 visas to French employees.
Extension of e-registration
After expiration of the E-1/E-2 registration, an application for renewal can be filed at the US Consulate. If the US company already has more than 25 US employees at that time, a simplified renewal procedure can be used.
To the extent that 25 or fewer US citizens are employed, a complete new application (as in the initial registration process) must be submitted to the appropriate US consulate.
In fact, as long as the US company exists and the E-1 visa requirements are still met, the E-registration can be renewed indefinitely.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Yes. Because the H-1B visa can only be applied for with the involvement of the US company, a US job offer is mandatory. For the rest US work visas generally cannot be applied for without a specific job offer. In addition, the application may normally only be filed by the US employer ("Petitioner") and not by the foreign worker ("Beneficiary").
The foreign employee's future H-1B position in the U.S. must be "H-1B capable" - meaning it must correspond to a "Specialty Occupations" activity.
U.S. immigration law recognizes a position as a "specialty occupation" if it meets one of the following four criteria:
Consequently, the minimum requirement for an "H-1B eligible" job offer in the U.S. is that the position usually requires a U.S. Bachelor's degree or its equivalent in the relevant field of work. This applies to the following professions, for example: Architects, Engineers, Medical Professionals, Lawyers, etc. But as the above four criteria make clear, occupations that are not traditional "Specialty Occupation" occupations can also be "H-1B capable."
The H-1B category is limited in number and subject to a certain quota system ("H-1B Cap"), which applies for one U.S. fiscal year (FY) at a time. The U.S. fiscal year begins on October 1 and ends on September 30 of the following year.
Petitions for extensions or modifications of H-1B visas already issued in prior years may generally be filed at any time and are not subject to numerical quotas.
Regular Cap
There are currently 65,000 H-1B visas available per U.S. tax year ("Regular Cap") with 6,800 H-1B visas already reserved for Singaporean and Chilean nationals due to free trade agreements. If more than 65,000 petitions are filed (which is the case almost every fiscal year) a lottery is held to select 65,000 from the total petitions filed.
Master's Cap
For individuals who have earned a U.S. Master's Degree from a U.S. university, 20,000 additional visas are available ("Master's Cap"). Comparable degrees earned abroad do not apply. If more than 20,000 Master's Degree H-1B Petition are filed, a lottery will be held to select 20,000 from the total petition submitted. The Master's Cap Petition that are not selected in the Master's Cap Lottery will then be treated as a "Regular Cap" Petition and thus may be selected in any Regular Cap Lottery.
Application only in April
H-1B initial applications may be filed with U.S. Immigration and Customs Enforcement on April 1 for the earliest possible work start date of October 1. If the quota is exhausted or the H-1B initial application is not selected in the lottery, an H-1B initial application cannot be made again until the following tax year.
An increase to the 195,000 visas once awarded in the age of the IT industry boom has been discussed time and again (especially due to pressure from large corporations such as Microsoft and Google), but unfortunately has not yet been implemented.
If the quota for the current U.S. tax year is exhausted, it will be necessary to switch to other categories (such as. E-1/E-2, or L-Visa), naturally subject to verification of the respective access requirements.
Individuals who are already in the U.S. may be able to make what is known as a change of status to the H-1B category, provided, however, that the individual has been not entered the country without a visa, has a valid residence status, and has not violated U.S. immigration laws. In addition, persons with certain statuses may not apply for a change of status at all or may only do so as an exception. Therefore, it is especially important to seek professional advice before applying for a change of status.
ImportantOne must clearly distinguish between a change of status and obtaining a visa. A successful change of status only means that one has a valid domestic residence status. But a change of status is not a visa!If you leave the United States and re-enter without a valid visa, you will be denied entry.
Background: The U.S. Citizenship and Immigration Services (USCIS) only approves the change of status to H-1B and does not issue a U.S. visa. Only the U.S. consulates abroad are responsible for issuing U.S. visas.If you want to leave and re-enter the country after a change of status, you need a valid H-1B visa. As a rule, you have to apply for this visa at the US consulate in your home country. However, it is also possible to apply for a US visa in Mexico or Canada at the US consulates there.
Due to the quota system, initial petitions for H-1B visas cannot be filed at any time (except for Initial applications that are not subject to the quota).
The application may be submitted in any year no earlier than April 1 (i.e., six months prior to the beginning of the tax year) for the earliest possible work start date of October 1.
If the quota is exhausted, an application can only be made again for the following tax year.
In previous years, the quota was unfortunately often exhausted within just a few days. New applications, which are affected by the quota, can only be submitted again from April 1 of the next year for the earliest possible start of work October 1 of the same year.
Quite often this means for the foreign applicant the elimination for the offered position. Alternatively, one could consider applying for an E-1, E-2 or L visa.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Not only the applicants themselves, but also the foreign employer must meet certain requirements to qualify for the C-1/D category. For example, crewmember visas are issued only to employees of commercial, international shipping companies and airlines. Employees on private yachts or jets that are not part of a shipping company or airline registered with US authorities require a B-1 Visa.
The use of visa-free entry (Visa Waiver Program) is not possible in this case.
Strictly speaking, the C-1/D category does not constitute a US work visa. In fact, it only allows you to work for a shipping company or airline located outside the United States - and thus to work on its behalf on US territory.
C-1/D visa holders are therefore not permitted to work for a US employer. If this is planned, a work visa (H, L or E visa) must be applied for in advance.
US law does not provide for an extension of status and/or change of status for C-1/D visa holders within the United States. Crew members staying in the US therefore cannot, for example, apply to U.S. Immigration for a work visa or even a green card, or extend your stay locally.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The legislation distinguishes between L-1A visa petitions for managers/executives and L-1B visa petitions for specialists.
The category is based on the employee's future job at the US location (not current job).
The boundaries between the individual categories may well be fluid. It must be decided on a case-by-case basis under which category the L-1 transfer should take place. L-1B applications are generally subject to a stricter review.
The maximum stay under L-1A status is up to 7 years, L-1B visa holders can stay in the US up to a maximum of 5 years.
The category also allows the transfer of personnel to a "newly opened" US location (not yet operating in the US market for 1 year). In this case, the US authorities require additional information beyond the usual L requirements. For example, proof of the purchase or lease of office space, the special skills of the applicant in the start-up process, the economic situation of the parent company, and suitable business plans for the US venture. In particular, future U.S. personnel policies are of interest to U.S. officials.
L-1 "New Office" applications are approved for a maximum of 1 year in the initial application, but may then be extended up to a maximum of five (L-1B) or seven (L-1A) years.
For internationally active companies with a high rate of assignments to the USA, the complex L-Visa application process represents a not inconsiderable time and cost factor.
However, US regulations provide for the possibility of a significant simplification of the entire process for large corporations - the so-called L-Blanket Petition.
If a regular L-Visa application must always be submitted in advance via the U.S. Immigration and Customs Enforcement Service (USCIS), this step is omitted in the L-Blanket process. This means that the L-Blanket application can be submitted by the employee directly at an interview appointment at the domestic US consulate.
This has two decisive advantages:
On the one hand, the high application fees of the USCIS, as well as translation costs and the time-consuming compilation of company documents are eliminated. On the other hand, the simplification procedure allows employees to be deployed at shorter notice.
However, the L-Blanket is only available to companies that can meet the following requirements:
In addition, the U.S. company must meet at least one of the following requirements:
To the extent that the Group can meet these items, an approval process for use on L-Blanket will occur with the U.S. Citizenship and Immigration Services (USCIS).
Based on an L-Blanket registration of the group of companies (issued by the USCIS), all locations worldwide listed in the Blanket can use the simplified application process for employees.
It is not uncommon for employee assignments to have to be realized at quite short notice. Since the application for a work visa can unfortunately take several weeks, a temporary solution must often be realized.
Many companies therefore choose to inform the employee about the B-1 visa category to be sent in advance to the US location. It is important to emphasize that the B-1 category is no work permit for the USA. It only legitimizes the employee to, for example, coordination discussions, meetings or negotiations at the US location.
To the extent that the employee is already in the United States under a valid visa, then a change of status (without leaving the US) to the L-1 category can theoretically be made.
It is not possible, however, to calculate on the basis of thevisa free entryto apply for a work permit. In addition, not all changes within different categories are accepted.
The application for change of status, if at all possible or appropriate, is filed simultaneously with the L-1 petition at the US Immigration Service Center.
IMPORTANT: In case of a change of status, it is urgent to ensure that a valid L-1 visa is available for exit and re-entry in any case (see consular procedures). Background: The USCIS only issues the approval on the L-1 status, but not the US visa (in the passport). These entries are made exclusively by the U.S. consulates abroad.
So the change of status is NOT the same as visa. If you leave the United States and re-enter without a valid visa, you will be denied entry.
In contrast to other non-immigrant visas, the application is in principle also possible in countries bordering the USA, such as Mexico or Canada, at the US consulates there.
Otherwise, the application is usually made at the domestic U.S. consulate.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Some universities or colleges in the U.S. require their students to present their Social Security Number. However, normally the number is not issued to persons who are temporarily in the United States on an F-1, J-1 or M-1 visa. In this case, the universities should be able to assign a different identification number to the foreign students concerned.
If you want to take up employment that is permitted under the respective student visa, you can apply for a Social Security Number.
F-1 visas only allow you to attend an academic / scientific educational institution in the United States. It is not allowed to get a job in the U.S. as an international student.
Yes, it is possible to extend a F-1 visa under certain conditions.
If there is a delay in the duration of study, for example due to illness or if the main subject has been changed, the international student can apply for an extension at the respective educational institution.
SEVIS stands for Student and Exchange Visitor Information System. This is an online database of the U.S. government which enables the U.S. Department of Homeland Security and the U.S. Department of State to access data of all exchange students who are in the United States. The educational institution's SEVIS registration is required in order to issue the I-20 form which is mandatory for the visa application. To pay the SEVIS fee, a SEVIS number is required, which can be found on the I-20 document.
The I-20 form is issued by the respective educational institution provided that the U.S. educational institution is SEVIS registered. You can find out whether this is the case by using the school search tool of the U.S. authorities.
Please note: The I-20 is not an application form that you can download from the Internet.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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We work together with the visa sponsors InterExchange and TravelWorks and act as an interface between the main applicant (graduate), the employer in the home country, the host company in the United States, the U.S. authorities and the respective exchange organisation. If you have any further questions, please do not hesitate to contact us.
Further visa sponsors can be researched on the official website of the U.S. authorities.
Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
The F-1 visa allows for attendance at a ("SEVIS-registered") academic/scientific educational institution in the U.S. (e.g. university, college, etc.). Language school stays also fall under this visa category.
A non-academic short-term language course often does not require an F-1 visa and can be taken under the Visa Waiver Program if the requirements are met. However, you should always clarify this with the respective language school in advance.
The validity period of an F-1 visa depends on the nationality of the applicant. Depending on the nationality, is determined on the basis of the so-called Reciprocity Schedule decided how long the visa will be valid. For example, German citizens receive a five-year F-1 visa. But the visa is to be distinguished from the residence status.
The residency status is valid for the entire duration of the study program and is noted on the I-20 form. If there is a delay in the duration of study, for example, because the major has been changed or an illness occurs, the student may request an extension from the respective educational institution. The F-1 visa holder is also permitted to enter the United States as early as 30 days prior to the start of studies and to remain in the United States for up to a maximum of 60 days after graduation.
Under certain circumstances, F-1 visa holders may be allowed to complete an internship subsequent to their U.S. studies.
It is crucial that the educational institution has a SEVIS registration. SEVIS stands for "Student and Exchange Visitor Information System" and is a U.S. government web-based database that allows the Department of Homeland Security and the U.S. Department of State to view the data of all exchange students who are in the United States. SEVIS includes information on the student's location, educational institution, and legal status, among other information. Only if the educational institution is SEVIS-registered, it can issue the so-called I-20 form, which is mandatory for applying for the F-1 visa at the U.S. consulate.
Not all schools are authorized to issue this form. Please find out in advance whether the educational institution you are targeting also has a SEVIS registration. You can read about this a thttp://studyinthestates.dhs.gov/school-search.
There are three options of student employment with the F-1 visa:
Accompanying spouses and unmarried children up to age 21 will be granted derivative status upon application, and thus an F-2 visa. Children who turn 21 or marry while in the U.S. must change their nonimmigrant status or leave the country.
Work not allowed
However, with this visa, the spouses and children are allowed to not permitted to work, i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USA is excluded (unlike other categories such as L-1 or E-1/E-2).
Study only possible to a limited extent
Children may attend an "elementary" or "secondary" school (kindergarten to high school). If a higher educational institution (e.g. university) is to be attended, a separate F-1 visa must be applied for.
Spouses may only:
If the spouse wishes to study full-time, he or she must apply for an F-1 visa.
As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Individuals working on the production and dissemination of films/reports/articles, etc., only meet the entry requirements for an I visa if the activity serves to disseminate information or news and the main source of funding and the main subsequent "place of dissemination" are outside the U.S.. The published material must therefore be of a documentary nature!
Exclusively commercial projects or, for example, advertising photos do not qualify for an I visa. In these cases, a work visa (e.g.OorH visa) needed.
IMPORTANT: Journalists or media representatives do not need an I visa for every U.S. trip just because of their status as journalists. For example, if an editor is traveling to the U.S. solely for a brief meeting, an I visa does not automatically need to be applied for (depending on citizenship). This only becomes necessary if the journalistic activity in the U.S. takes place, for example, in the context of specific reporting on behalf of a foreign media company. It is not the mere job title as a journalist, but the specific purpose of stay that determines whether media representatives require a visa and, if so, which one.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The I visa does not authorize employment with a U.S. media company. It only permits professional activities in the context of a work assignment for an employer localized outside the United States.
Journalists who are assigned to work on commercial film projects for the U.S. entertainment industry or a foreign production company must have the appropriate work visa (O-, orH visa).
Please note that in contrast to the I visa, the preparation and implementation for an O or H category can take several weeks or months. So the procedure should be started as early as possible. An entry - as a temporal alternative - on the visa-free entry and a later change of status to a work visa is just as inadmissible as the use of a B visa, which can usually be obtained more quickly.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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The US authorities distinguish between O-1A and O-1B visas.
Individuals who possess exceptional ability in the fields of science, education, business, or sports qualify for O-1A visas.
Individuals who possess exceptional ability in the field of the arts or who have made exceptional contributions to the film and television industry qualify for O-1B visas.
O-1A visas can be obtained by individuals who have exceptional ability in the fields of science, education, business, or sports. This leading position is evidenced, for example, by international awards (Nobel Prize, Olympic victory, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1A visa (science, education, business, sports), at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Work visas for the United States must normally be linked to a specific job offer. In addition, the application is usually filed by the U.S. employer ("petitioner") and not by the foreign worker ("beneficiary").
However, there is a special feature when applying for an O-Visa:
Not only U.S. companies can act as applicants, but also U.S. agents. This has the advantage for the foreign employee to be able to work for different clients via the US agency (e.g. artists). If the application is made through a U.S. company, the O visa holder is bound to that company.
O-1B visas may be obtained by individuals who have exceptional ability in the field of the arts or in the film and television industry. This leading position is evidenced, for example, by international awards or nominations (Oscar, Grammy, Emmy, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1B visa, at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Artists or athletes who are of outstanding ability or have achieved outstanding performance may be allowed, if applicable.in their engagements/activities in the USAbe accompanied or supported by essential employees.However, the O-2 visa is reserved exclusively for assistants of artists, sports athletes, and film and television professionals!
An Advisory Opinion (also called a "No-Objection Letter") is usually required to obtain the O visa. This advisory opinion is usually issued by the appropriate U.S. professional association or U.S. union/professional organization. The advisory opinion certifies the individual's exceptional ability or accomplishments, or confirms that there are no objections to employment.
Two Advisory Opinions are required for individuals of exceptional merit who will work in the U.S. film or television industry:
When is an advisory opinion not required?
Accompanying spouses and unmarried children up to the age of 21 are granted derivative status upon application, and thus an O-3 visa. However, with this visa, spouses are not permitted tonotallowed to work,i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USAis excluded(in contrast to other categories such asL-1orE-1/E-2).
However, children and spouses of O-1 holders are allowed to study full or part-time and attend all educational institutions (schools/universities).
For O-Visa applications there is no limit set by the legislator - in contrast to theH-1BCategory. This means that an application can be made at any time.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Some universities or colleges in the U.S. require their students to present their Social Security Number. However, normally the number is not issued to persons who are temporarily in the United States on an F-1, J-1 or M-1 visa. In this case, the universities should be able to assign a different identification number to the foreign students concerned.
If you want to take up employment that is permitted under the respective student visa, you can apply for a Social Security Number.
No. M-1 visas only entitle the holder to attend a non-academic educational institution. Study programs such as in-service training or evening classes are considered non-academic programs.
Yes an extension or new application for the M-1 visa is possible. If the training takes longer than expected, an extension of up to 12 months can be applied for at the respective educational institution.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
The U.S. period of stay is based on the duration of further education or training noted in the I-20, but generally may not exceed one year.However, M-1 visa holders are allowed to enter the U.S. as early as 30 days prior to the start of the program.
Subsequent practical training
Some M-1 programs include a practical training program. The time spent in the practical training program does not count toward the one-year residency requirement. One month of practical training per completedfour-monthContinuation or training unit is allowed, up to a maximum of six months.
Extensions of further education or training possible if necessary
The holder of an M-1 visa may extend the duration of his/her further education or training up to a total period of three years. However, extensions are only possible if:
Aside from the Form I-20, M-1 visa applicants must also provide evidence of the following:
M-1 visa holders are not allowed to engage in any professional activities. The exception to this rule is temporary work as part of an internship. Accompanying family members who receive an M-2 visa are also not allowed to work. However, M-2 spouses and children may be allowed to study (see "What visa do accompanying family members receive on the M-1 visa?")
Accompanying spouses and unmarried children up to age 21 will be granted derivative status upon application, and thus an M-2 visa. Children who turn 21 or marry while in the U.S. must change their nonimmigrant status or leave the country.
Work not allowed
However, with this visa, the spouses and children are allowed tonotpermitted to work, i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USA is excluded (unlike other categories such asL-1orE-1/E-2).
Study only possible to a limited extent
Children may attend an "elementary" or "secondary" school(Kindergarten to High School). If a higher educational institution (e.g. university) is to be attended, a separate F-1 visa must be applied for.
Spouses may only:
If the spouse wishes to study full-time, he or she must apply for an F-1 visa.
The M-1 visa permits attendance at a vocational or non-academic educational institution in the U.S. (e.g., a flight school). An M-1 visa does not permit attendance at a language school. And the educational institution must be approved by the Student and Exchange Visitor Program (SEVP) must be registered.
Yes, the I-20 form is also mandatory to apply for the M visa. The I-20 form must be issued by the respective educational institution in the U.S. It should be noted that not all schools are authorized to issue the I-20 form. Therefore, it must be clarified in advance whether the targeted educational institution has this authorization. You can read about this at: http://studyinthestates.dhs.gov/school-search
As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.
Theoretically, a visa only entitles you to board a plane to the USA and formally ask for entry into the country. The duration of your stay is determined by the U.S. border official at the border (= residence status). There is no legal entitlement to entry, nor to a maximum period of stay, e.g. up to 180 days per entry for a B visa. The U.S. official has every possibility to limit your stay (especially if you have already entered the country frequently).
You need a work visa whenever you want to work in the United States on a temporary basis. As described, there are different work visas for the USA. These so-called U.S. nonimmigrant visas differ, for example, in the type of work the applicant does, the length of stay and the type of visa application process. Please note that most U.S. work visas are complex and time-consuming procedures. Of course, we will be happy to advise you on the selection of the appropriate visa category and take care of the complete application process for you or your employees. Contact us today.
First of all, the application for a Social Security Number is initially reserved exclusively for certain visa holders. The E-2 category as a work visa allows the application for a Social Security Number or Social Security Card, but with the E-2 visa this is only possible after entry to the United States in an office of the Social Security Administration (SSA).
However, it is true that the Social Security Administration has an office at the U.S. Consulate General in Frankfurt / Main. But the services of the Federal Benefits Unit (FBU) are mainly reserved for American citizens. This unit is not responsible for processing Social Security Number applications from nonimmigrant visa holders. As mentioned, this can only be arranged in the United States. However, the application for a Social Security Card in the United States is very easy and quick to realize.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
If you or your employee have created an online profile during the visa application process, but unfortunately clicked on the wrong visa category by mistake and paid the wrong fee, you do not need to create a new visa profile.
Please log in via your online profile and click on "NEW REQUEST / ARRANGE APPOINTMENT" in the left navigation field. Afterwards you can easily select a new visa category.
If this is not possible, please click on "CONTACT" and contact the visa service provider, who can easily help you out to proceed the change of the visa category. The change will usually be made within one day.
As far as the fee is concerned: As consular visa application fees vary depending on the category, please note the following: If you have paid too high a fee, you will usually not have to pay the fee again. However, you or the staff member should always contact the visa service provider via the feedback form in the online profile. Please explain the error or misunderstanding briefly and attach a file with proof of payment (e.g. bank statement). They will usually get back to you within a day and activate the appointment calendar for making appointments in the visa profile.
Please note that the overpayment cannot be refunded.
As soon as the interview date has been arranged, we recommend that you check all the details on the appointment confirmation.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.
IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is the Visa Reissuance Program.
All applicants of a nonimmigrant visa must be in addition to the online application DS-160 create a visa profile on the website of the Visa Information Service for the purpose of making an appointment and paying the visa processing fee.
In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.
The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.
Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.
Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.
Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The cost of visa processing through the US Visa Service is as follows:
1. consulting and handling fee
Depending on the visa category, i.e. depending on the processing effort, we charge a fixed consultation and processing fee. On request, we offer consultation and processing on an hourly basis. For particularly urgent visa cases, we can provide express processing upon request for an additional fee.
Please note that our consultation and settlement fee does not include U.S. government agency fees, translation costs, or other applicable costs.
2. consular visa processing fee
To apply for a US-visa, the U.S. consulate charges a visa processing fee. This fee must be paid by each applicant without exception. The amount of the visa fee depends on the respective visa category. On our website we present the current visa fees available.
Our US Visa Service includes the intensive support and processing of your US visa application. As a specialized service provider for the USA we offer in addition to a Intensive initial consultation on possible visa options the complete visa processing and also prepare you in detail for your interview at the American consulate and for the border situation upon entry.
Each applicant receives individualized information material for compiling the required application documentation. We provide all information materials in German or, upon request, in English. Our customers have the option to conveniently fill out the PDF forms we create and save them temporarily at any time.
In addition to the creation of the online application form DS-160we will of course assist you in compiling the necessary documents for your visa application. In this context you will receive from usDetailed guidance and assistance in compiling complete application documentation.This includes, but is not limited to, a biometric passport photo, proof of deposit of the consular visa processing fee, individual documents and, if necessary, other application forms depending on the relevant visa category.
Each customer has a personal contact person to advise and support them throughout the application process.
Applying for a visa takes time that you are missing elsewhere. Take advantage of our competent service in obtaining a visa: We get a clear picture of your individual situation and use it to develop strategies for the optimal and secure processing of your US visa application. In a trustful cooperation we accompany you during the entire application process andcoordinate the entire visa application process. Since our competent visa consultants process visa applications on a daily basis, we are very familiar with the current processes and visa and entry regulations for the USA and are always up to date. Thus, we can guarantee you a fast and especially secure processing.
The application duration for a U.S. visa varies greatly and always depends on the respective visa category, since different documents and individual application documents have to be compiled. Furthermore, depending on the visa, the application is submitted through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS), which also influences the duration of the application process.
The application period of, for example, a B visas is usually two to four weeks, whereas the application for a L-Visa can take up to two to three months. In any case, we guarantee a prompt processing of your US visa application and ensure a timely visa processing.
Upon request, we also offer express processing of your application for an additional fee. Just contact us!
Our goal is to make the visa application process for the USA as simple and secure as possible for you. Taking into account the current entry requirements and visa regulations, we support you in the individual and timely processing of the visa process and take over the following application steps, among others:
Our US Visa Service mainly processes so-called US nonimmigrant visas off. This includes for example Visitor visa and work visas. If you are interested in an internship or Study in the United States, we can also reliably help you.
To emigrate to the USA, you need a US Immigrant Visa. If you have questions about U.S. immigrant visas, we can provide you with comprehensive advice. If a work-based or family-based immigration opportunity is identified, we are also happy to assist you with the entire immigration process. And our sister company The American Dream - US GreenCard Service GmbH offers comprehensive services related to the Green Card lottery.
Our private clients are usually people who want to travel to the USA for different reasons, e.g. as tourists during a vacation trip or as students to complete a semester abroad in the USA.
Our corporate clients, on the other hand, are small and medium-sized companies as well as large corporations that, for example, want to start a business in the U.S. or send their employees to the U.S. and for whom we assist in obtaining a suitable residence permit for the United States.
We have therefore tailored our services entirely to the different needs.
The American Dream - US Visa Service GmbH has many years of experience in US visa consulting and processing of US visa applications. Our visa agency mainly supports medium-sized German companies as well as corporations with production facilities in the U.S. in obtaining U.S. visas for their employees. Last year, our visa consultants advised and assisted more than 500 companies and successfully processed more than 1,800 visa applications.
A selection of our customers can be found in our Homepage take out.
In addition to an intensive initial consultation and the complete visa processing, we offer you further services if required:
Service for family members:
Other services:
Cooperations:
If you have questions about tax law, insurance in the USA or the topic of US company formation, our cooperation partners will be happy to assist you. Simply contact us and we will be happy to put you in touch with them.
No. The B-1 visa is a visitor visa, with which you are not allowed to work in the U.S. under any circumstances. For this you need a work visa or immigrant visa.
There is no simplified process for extending a B-1 visa. When the visa expires, it must be applied for in a completely new application process. The exact expiration date is noted on your visa.
Family members of B-1 visa holders who wish to travel to the United States require their own visa. If your family members are not participating in the planned business activities, they may be eligible for a B-2 tourist visa.
There are many reasons why a visa application can be refused. Sometimes even minor errors in the application can lead to a rejection. Avoid this risk and contact us before you apply for your U.S. visa.
When a B visa is issued, a combined B-1 / B-2 visa is usually issued, which means that you can also travel to the United States as a tourist. We have compiled further information on this topic on our overview page for U.S. visitor visas.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
An application for a B-1 / B-2 visa always consists of two steps:
The B visa application can be submitted online at any time using the DS-160 form. However, a visa application is only processed at the U.S. consulate after the personal visa interview. You can view the respective appointment availability of the individual consulates online after paying the visa fee. Due to the current situation, capacities are probably still very limited.
You can find more detailed information on visa application on the website of the visa service provider or on the websites of the U.S. consulates worldwide.
Tip: Check whether visa-free entry with ESTA is an alternative, as the application for ESTA approval is possible without restrictions.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
B status distinguishes between business travel (B-1) and tourist stay (B-2). Business travel is for the purpose of furthering trade or professional interests abroad, but excludes employment or payment in the United States. It is important to emphasize that the B-1 visa is not a work visa. Typical reasons for entry under B-1 status include meetings, conferences, trade show visits, after-sales service in the form of assembly work, installations, etc., or company formation, contract negotiations, customer support, etc.
In individual cases, it may be difficult for travelers to determine whether entry is still within the scope of the Visa Waiver Program can take place or whether a B-1 visa or even a work visa must already be applied for. Please note that such an assessment must be discussed individually based on entry frequency, nationality, age, company affiliation, purpose of entry, etc. Of course, we will be happy to advise you on which visa is appropriate and, if desired, take over the complete processing!
Persons who wish to make a short trip to the USA for tourist or private purposes can apply for a B-2 visa. This applies primarily to the classic tourist vacation, visits to relatives or medical stays. Under B-2 status you are not allowed to work, do an internship or study. Each visa category allows only a certain catalog of activities.
Incidentally, when issuing the B visa, often no subdivision into B-1 and B-2 visa is made. Therefore, many visas contain the remark "B-1/B-2", which allows tourist and business entry at the same time.
Applications for a B-1 or B-2 visa are usually filed at a U.S. consulate in the country where you currently reside. In some cases, however, it may be necessary to apply in the country where one has the "strongest ties", be it the country of birth or other.
If your center of residence is in Germany, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main, or Munich, regardless of the state in which you live. In Austria, the Consulate General in Vienna is responsible for B-1/B-2 applications, in Switzerland the US Consulate in Bern. You can find more information about the application process here.
The review of the application by the U.S. consulate
Please prepare your application carefully, as applications are quite strictly reviewed. As a matter of principle, at the interview appointment applicants mustDS-160The applicant must carry the confirmation page and the "Appointment Confirmation" with him/her and provide evidence of his/her firm professional and private ties to the home country as well as his/her intention to return to the home country. In addition, evidence of the specific purpose of the stay (e.g. tourist travel plans, business trip, etc.) should be enclosed.
If the consular officer has reason to believe that, for example, you have an immigration intention or you would like to take up (illegal) work in the USA, your application will certainly not be granted. Especially in the case of foreign citizens who have not lived in German-speaking countries for a long time or very young applicants, an application is examined very critically. Incidentally, a rejection does not have to be justified in detail. Once this has happened, a new visa can usually only be successfully applied for after several months or even years. In addition, a rejection of an application for a non-immigrant visa can Visa-free entry to the USA (ESTA)complicate or make it impossible.
After the visa interview
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!
Extensions of residency status are required upon entry with a B-1 or B-2 visa by another maximum 180 days possible (i.e. to a maximum of 365 days). The application is filed locally in the U.S. at the responsible service center of the U.S. Immigration and Naturalization Service (USCIS). The application must be submitted in good time before the expiry of the current B status, recommended by the US authorities at the latest 45 days before the expiry of the status.
In addition to Form I-539 and a processing fee, you must include a letter of justification with the application and other supporting documents related to your extension. Unfortunately, extension requests under B-1/B-2 status are very often denied and only granted in urgent cases (e.g., for medical reasons).
Some travelers to the USA try to extend their stay by leaving and re-entering the country. If the maximum period of stay of 180 days has already been exhausted, the exit and re-entry can become a problematic undertaking. This is because the U.S. border officials also decide whether and for how long a re-entry is approved. Under certain circumstances, this can result in the B visa holder being denied re-entry. Consequently, the frequency and duration of entry should not be overstressed.
We will be happy to advise you on any questions you may have and, of course, take care of the entire application process for you or your company. Let us know how we can help you.
As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Currently, the registration fee is 100 U.S. dollars per person. In Germany, the preliminary examination at the Federal Police is free of charge. Please check specific requirements in your home country.
Participation in the Global Entry Program is primarily worthwhile for persons who wish to enter the United States several times in the next five years for professional or private reasons.
Those who only want to enter the U.S. once for a holiday or business trip do not need a Global Entry membership.
A Global Entry kiosk is a vending machine that can carry out entry checks automatically. They are often confused with the passport control machines, which can be used by anyone. The functions of the Global Entry kiosk are much more extensive and only accessible to participants of the Global Entry Program.
Thanks to biometric facial recognition, the latest Global Entry kiosk models operate without contact. This enables even faster and more secure processing and is also advantageous from a hygiene point of view. However, these new kiosks have yet to be introduced across the country.
Here is a list of all U.S. airports equipped with Global Entry kiosks.
The entitlement to participate in the Global Entry Program remains valid even if the passport expires and a new passport must be issued. However, the new passport must be officially registered for the Global Entry Program so that the new passport number and validity dates can be noted.
If the participant's master data changes, such as last name after marriage, the participant must appear in person at a Global Entry Enrollment Center and present the new passport there.
Only U.S. citizens, U.S. immigrants (green card holders) and Mexican citizens receive a Global Entry Card.
This card is not required for accelerated entry into the United States through Global Entry Kiosks.
No, the membership is not transferable. Only registered Global Entry members can take advantage of the fast entry to the United States.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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The Global Entry procedure serves exclusively to accelerate the entry procedure and does not replace an entry and residence permit.
Thus, participants of the Global Entry Program still need a valid U.S. visa or a valid ESTA authorization (if they are traveling visa-free) to enter the U.S. in any case.Global Entry registration is possible with the most common US visas (e.g. B-1 Business Visa or E-Work Visa).
Attention: The use of Global Entry is not possible with all visa categories.
The nine-digitGlobal Entry Membership Numberis considered to beGlobal Entry PASSIDorKnown Traveler Numberdesignates. The Global Entry Number is locatedTop lefton the back of theGlobal Entry Cardwhich, for example, U.S. citizens or green card holders receive. Those who do not have a physical Global Entry card will find their membership number in theLogin area of the Trusted Traveler Program website.
There is a second nine-digit number in the upper right corner. This is the number of theGlobal ID Card.
Questions & answers are still missing for this category. But these will be available for you as soon as possible.
Questions & answers are still missing for this category. But these will be available for you as soon as possible.
Family members of B-1 visa holders who wish to travel to the United States require their own visa. If your family members are not participating in the planned business activities, they may be eligible for a B-2 tourist visa.
You need a work visa whenever you want to work in the United States on a temporary basis. As described, there are different work visas for the USA. These so-called U.S. nonimmigrant visas differ, for example, in the type of work the applicant does, the length of stay and the type of visa application process. Please note that most U.S. work visas are complex and time-consuming procedures. Of course, we will be happy to advise you on the selection of the appropriate visa category and take care of the complete application process for you or your employees. Contact us today.
Spouses and unmarried children under 21 years of age are also granted a derived E-2 visa for the same period as the main applicant. Spouses may also apply for their own Employment Authorization Document (EAD), which is not tied to a specific job or the principal applicant's company. This is usually valid for two years, but can be extended for another two years.
Family members under E-2 status can also attend public or private educational institutions. As soon as the children reach the age of majority in the United States, they must either change their nonimmigrant status or leave the country.
Accompanying spouses and unmarried children up to the age of 21 years are granted a derived status on application and thus also an E-1 visa. Spouses with an E-1 visa may apply for an Employment Authorization Document (EAD) from the USCIS after entering the United States, which is not tied to a specific job or the main applicant's company, and thus may work in the U.S. independently of their spouse.
This work permit is issued for two years, with the possibility of an extension for a further two years up to the maximum duration of stay of the E-1 visa holder.
Children of E-1 visa holders may attend educational institutions (schools / universities), but may not engage in paid employment. If the children reach the age of majority in force in the U.S., they must change their nonimmigrant status or leave the country.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Spouses and unmarried children under 21 years of age shall be issued a derived O-3 visa upon application for the same period as the main applicant. However, if the children reach the age of majority valid in the U.S., they must change their nonimmigrant status or leave the country.
Spouses cannot obtain their own Employment Authorization Document (EAD) with the O-3 Visa. Therefore, taking up employment is generally not permitted, also not for children. Spouses and children can attend private and public educational institutions with the O-3 visa.
An Employment Authorization Document EAD is usually issued for at least one year. Of course, it can happen within this period that you find a new job and want to change your current employer in the United States.
If you are in possession of a valid EAD, this is not a problem at all, since the General Work Permit – unlike a U.S. work visa for the – is not tied to a specific U.S. company.
However, you must make sure to apply for a new EAD in time before your current General Work Permit expires.
A Labor Certification is the first step in applying for the Green Card. The application is made by the U.S. employer to the U.S. Department of Labor. This process determines whether or not there is a qualified U.S. employee in the U.S. labor market for the position to be filled. The goal of a Labor Certification is therefore to protect U.S. workers and the U.S. labor market by ensuring that foreign workers cannot replace equally qualified U.S. workers.
Unlike a Labor Certification, which only applies to a specific U.S. employer or job offer, the Employment Authorization Document (EAD) is a general work permit that authorizes the foreign employee to work for any U.S. employer in the United States.
Another difference is that the U.S. employer applies for the Labor Certification at the beginning of the foreign employee's Green Card application. The EAD, on the other hand, is only applied for after the foreign employee or his or her spouse has been granted a residence permit for the U.S. (for instance, in the course of an adjustment of Status, i.e. form I-485).
Finally, Labor Certification and EAD are also distinguished because U.S. law prohibits the foreign employee from paying for the costs of a Labor Certification. On the contrary, the person applying for an EAD is allowed to bear some or all of the costs of the EAD.
Spouses and unmarried children under the age of 21 shall be issued a derived I visa for the same period as the main applicant. If the children reach the American age of majority, they must change their non-immigrant status or leave the country.
Family members are not allowed to work. Consequently, it is not possible to apply for a general work permit (Employment Authorization Document, EAD) under I status. However, I visa holders may attend a public or private educational institution.
Accompanying family members of I visa holders can travel to the USA visa-free for up to 90 days if their nationality permits visa-free entry.
Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.
IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is the Visa Reissuance Program.
All applicants of a nonimmigrant visa must be in addition to the online application DS-160 create a visa profile on the website of the Visa Information Service for the purpose of making an appointment and paying the visa processing fee.
In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.
The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.
Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.
Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.
Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!
Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
Yes. Because the H-1B visa can only be applied for with the involvement of the US company, a US job offer is mandatory. For the rest US work visas generally cannot be applied for without a specific job offer. In addition, the application may normally only be filed by the US employer ("Petitioner") and not by the foreign worker ("Beneficiary").
First of all, the application for a Social Security Number is initially reserved exclusively for certain visa holders. The E-2 category as a work visa allows the application for a Social Security Number or Social Security Card, but with the E-2 visa this is only possible after entry to the United States in an office of the Social Security Administration (SSA).
However, it is true that the Social Security Administration has an office at the U.S. Consulate General in Frankfurt / Main. But the services of the Federal Benefits Unit (FBU) are mainly reserved for American citizens. This unit is not responsible for processing Social Security Number applications from nonimmigrant visa holders. As mentioned, this can only be arranged in the United States. However, the application for a Social Security Card in the United States is very easy and quick to realize.
The initial issuance of a Social Security Card, as well as the re-issuance after a loss, for instance, is free of charge.
Some universities or colleges in the U.S. require their students to present their Social Security Number. However, normally the number is not issued to persons who are temporarily in the United States on an F-1, J-1 or M-1 visa. In this case, the universities should be able to assign a different identification number to the foreign students concerned.
If you want to take up employment that is permitted under the respective student visa, you can apply for a Social Security Number.
It is true that U.S. citizens and holders of certain visa categories can file a tax return by providing their Social Security Number. However, this is not identical to the Individual Taxpayer Identification Number (ITIN). This applies primarily to people who have to pay U.S. taxes even though they do not live in the United States permanently, for instance because they invest in U.S. real estate.
No, the Social Security Card is only requested for presentation in very rare cases. Therefore, it does not always have to be carried, but is best kept safely at home.
Previously, the old procedure provided that applicants for a Social Security Card would receive proof in the form of a printout as long as the original Social Security Card was not available. On average, it takes up to two weeks to issue the card.
Applicants can create a social security certificate directly online, provided they are registered for a personal "My Social Security" account. Alternatively, applicants can request a postal social security certificate by calling +1-800-772-1213 (TTY 1-800-325-0778); it takes approximately 5-7 business days to deliver the letter.
Employers, Department of Motor Vehicles (DMV) and other institutions that require a social security certificate can obtain it immediately or overnight via the Social Security Administration's Business Services Online or via E-Verify.
In some cases there is not enough space for applicants on the form "Application for a Social Security Card". The total number of characters is 16. Although a (too) long name does not necessarily lead to an exclusion, it can certainly prolong the application process. If you have a particularly long name and apply for an Social Security Number, you should be prepared for considerably longer waiting times. The actual issuance of the Social Secrutiy Card can take up to eight weeks, compared to an average of one to two weeks.
The reason for this is that the Social Security Administration (SSA) has to short-circuit with the U.S. Citizenship and Immigration Services (USCIS) in order to match the record. The solution to the problem is simply to sit back and wait.
The application for a Social Security Number (SSN) is initially reserved exclusively for certain visa holders. The E-2 category as Work visa does permit the application for a social security number or Social Security Card (SSC)However, this is only possible after entering the U.S. with an E-2 visa at a responsible Social Security Administration (SSA) office.
It is true that the Social Security Administration does maintain an office at the U.S. Consulate General in Frankfurt/Main. The services of the so-calledFederal Benefits Unit (FBU)are primarily reserved for U.S. citizens, however. No applications for SSNs from "non-immigrant" visa holders are processed there. As mentioned, this can only be arranged in the United States. However, applying for SSNs in the United States is very easy and quick.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
Questions & answers are still missing for this category. But these will be available for you as soon as possible.
Questions & answers are still missing for this category. But these will be available for you as soon as possible.
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