Category Archives: Visa Info

Information about all types of US Visas and the best ways to obtain one

The Partner Visa for US Working Visas (E3D, H4, J2, L2)

If you browse around all the immigration forums, this is a topic that always comes up and is a critical issue for a lot of people who plan to relocate for work to the US. To note these partner visas all apply to dependent children (usually have to be under 21) but in this post I will focus on the spouse. Also the requirements are very similar for each so I wont talk about each separately for the most part.

The E3D Visa is the partner visa of the E3 working visa for Australians. (to note the E3D holder does not have to be an Australian citizen)

The H4 is the partner visa of the H1B working visa.

The J2 visa is the partner visa of the J1 visa.

The L2 visa is the partner visa of the L1 working visa.

Now all of these barring the H4 visa do allow the holder to work providing they file form I-765 to the USCIS after entering the country. Usually it takes 2-3 months to receive the EAD card (employment authorization document) upon which time the holder can work.

The J2 visa generally only gets granted to spouses of J1 visa holders whom are here on some form of Internship program and thus generally here for 1-2 years. It is very unlikely a J2 visa granted for a spouse of a J1 holder whom is here on a Work and Travel or Camp USA type program. I know for a fact that many organizations in the visa sponsoring field were actually unaware that a J2 visa holder could work so may have to affirm this in interviews.

The H4 visa is the unfortunate visa of this quartet that has no work priviliges and it doesn’t seem likely anytime soon that it might change..although you never know. Now I know many H4 holders that do work both for organizations that know that it is illegal as well as organizations that are unaware. However it is officially illegal to do so, thus be aware of the risks of your actions.

There is not much else to say about the partner visas other than they have to fill similar forms (but not all) of the forms prior to the US Consulate interview as the primary visa holder. You don’t have to attend the consulate at the same time and can just bring a photocopy of the primary visa holder’s passport and visa but unless circumstances don’t allow it, I always would wonder why couples don’t attend interviews together.

The final point to make is that the United States DOES NOT recognize either defacto/common law couples or same-sex couples whom maybe defacto or married elsewhere. So if your partner wants to come to the US attached to your visa, they must be married to you and usually an original marriage certificate from your area will suffice.

I hope those that come here as couples enjoy the shared experiences together and that you have no problems in getting here to begin with. Honestly if your relationship is honest, you shouldn’t have an issue at all.

Talk soon….

CJ

Other Types of Work Visas

We focus a lot on the H1B, E3, J1, F1, H2B and L1 visas (as well as spousal/dependent equivalents) in this blog but today I will briefly touch on a couple of them being the Employment Based Permant residency EB visas and the O1 visa.

So firstly the O1 visa;
The O visa was created for individuals of extraordinary abilities that would be of great benefit to the US.
So for example this is often used by famous entertainers, actors, athletes when they are competing in tournaments, etc. It is also used by people distinguished in other fields like business, science and education.

To qualify for this visa you must still be sponsored by a US employer or agent but also demonstrate your recognized extraordinary abilities. If you are a famous author you could do this by your book sales, a scientist could do this from world awards they have won, an athlete can point to their world ranking, etc.

Essentially you have to be in top 1-2% in your chosen profession in the world. So of course very few qualify for this visa category. The O2 visa applies to support people specifically for entertainers and athletes. So this could be crew members, agents, etc. whose primary job is working for the O1 holder in some capacity.

The O3 visa is a dependent visa for O1 holders so spouses and qualifying children would get this visa.

The EB Visas (this is essentially a green card)
You can  occasionally apply for these visas directly before being on any other visa but there is a very limited supply. Generally this is the perment residency applied for on your behalf by your employer. You have to wait for a visa number to become available and this can take many years depending on your category and country of residence.
More often than not this will happen after an employer is satisfied with you on your H1B, L1 or E3 visa.

There are five categories of employment based immigration:

  • First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
  • Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
  • Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
  • Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
  • Fifth Preference (EB-5 Investment/Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise,
  • There is also Schedule A Workers whom are Health care workers and aliens of exceptional ability.

I hope this help provides some context as to other types of visa.

Till Next Time….

CJ