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Study in the U.S.

Students and Exchange Visitors (F, M, J visas)

With abundant information (both good and bad!) being available on the internet, students and exchange visitors often easily get confused and can inadvertently jeopardize their chances at the consular interview. As attorneys specializing in the field of U.S. Consular Practice, we offer tailormade guidance to students after carefully considering their individual backgrounds. 

Exchange visitors should be aware that, in many cases, they are subject to the two-year home residency requirement. We come across many dependent visa applicants facing refusals of visa applications, sometimes with no clarity being offered by the consulate on the reason for such rejection. With extensive experience gained over decades of practice and handling a variety of cases, we are in a position to advice on the best way to make a straightforward and accurate visa application to maximise the chances of a positive outcome.

Salient Features:

  • Purpose - Designed for exchange visitors and students attending accredited academic institutions, including universities, colleges, and language programs.

  • Eligibility - Applicants must be accepted by a Student and Exchange Visitor Program (SEVP)-certified institution and demonstrate proficiency in English.

  • Duration - The visa allows students to stay for the duration of their academic program, plus a 60-day grace period to prepare for departure.

  • Application Process – 

    • Complete all admission formalities of the educational institution and obtain the Form I-20 issued by the school / DS2019 in case of J1 visa applicants

    • Fill out the DS-160 visa application form.

    • Pay the SEVIS fee.

    • Put together required supporting documentation

    • Attend an interview at a U.S. embassy or consulate.

F-1 visa holders may work on-campus and can apply for Optional Practical Training (OPT) for work experience related to their field of study after graduation. If the student is married, spouse and children can obtain F2 depedent visas and accompany the F-1 visa holder to the U.S.. However, a person on F2 status cannot work in U.S. 

It is of utmost importance that students maintain full-time enrolment and comply with visa regulations to avoid jeopardizing their status.

Visit The U.S

B1 Visa:

This is the right visa type for a company to send its employees to the U.S. for short business visits. This may include attending meetings, conferences, participate in negotiations, or business related research.

When appropriately planned and utilized, this visa category presents an excellent solution for short-term business activities. However, it is crucial to understand that individuals under this classification are prohibited from performing any productive work and receiving compensation in the U.S. for services rendered, with the exception of permissible reimbursements such as per diem allowances or lodging expenses.

We provide comprehensive support to B1 visa applicants, helping them understand the purpose of their visa category and outlining the permissible activities within that category. 

Subject to the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act, it is of utmost importance that the visa applicant is able to clearly exhibit his or her intention of exiting the U.S. after a temporary short stay. 

Salient Features:

  • Purpose - For business-related activities, including meetings, conferences, and contract negotiations or conducting business research.

  • Duration - Typically allows stays of up to six months, with possible extensions.

  • Eligibility – Visa Applicants must demonstrate intent to return to their home country by overcoming the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act.

  • Suggested Documents – 

    • Invitation letters supporting purpose of visit

    • Travel itineraries and schedule of activities to be done in U.S. 

    • Proof of strong ties outside U.S.

  • Application Process – 

    • Fill the DS-160 form.

    • Pay the visa fee.

    • Put together all the documentation

    • Attend an interview at a U.S. embassy or consulate.

How our firm can help – Lack of clarity on purpose of visit, insufficient ties to home country and prior visa refusals are some of the most common scenarios that could lead to a refusal of the application. Considering the limited time provided at the consulate for interview with the visa officer, mistakes could prove costly. Our attorneys are knowledgeable to help visa applicants and their employers navigate through this seemingly confusing process. 

 

B2 visa:

The B-2 Visitor Visa is designed for individuals traveling to the United States for tourism, leisure, or medical treatment and facilitates travel and cultural experiences in the U.S.

Subject to the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act, it is of utmost importance that the visa applicant is able to clearly exhibit his or her intention of exiting the U.S. after a temporary short stay. 

 

In exceptional cases, such as when visiting critically ill immediate family members, applicants may be eligible for expedited interviews and visa issuance. We are well-equipped to guide applicants through these urgent and sensitive circumstances.

Salient Features:

  • Purpose - For tourism, leisure, or medical treatment.

  • Duration of stay - Up to six months, with possible extensions.

  • Application Process – 

    • Fill the DS-160 form.

    • Pay the visa fee.

    • Put together all the documentation

    • Attend an interview at a U.S. embassy or consulate.

  • Suggested Documentation – 

    • Travel itineraries.

    • Financial statements.

    • Proof of accommodation.

    • Supporting documents from relative in U.S. – if applicable.

Our speciality – Over the years, we have successfully assisted numerous applicants in submitting honest and transparent visa applications, leading to favourable outcomes. Our expertise extends to helping B-2 visa applicants overcome previous refusals, a process that demands meticulous attention to detail. With years of experience and dedication, we have refined our approach to ensure applicants present their best cases effectively.

Non Immigrant Work Visas

Non-Immigrant Work Visas:

While there are many options like H-1B, L-1, O1, E1 and E2, TN and H-2A and H-2B visas, we have discussed here the more common types which we regularly assist with at the U.S. Embassies and Consular Posts across the world. These visas are petition based, which means a petition must be filed at the United States Citizenship and Immigration Services (USCIS), by the intending employer and must be approved before the employee can seek a visa. Upon receiving the visa based on the approved petition, the individuals is allowed to work in the U.S. for a specified period and eventually can petition for permanent residency, subject to eligibility.

  1. H-1B Visa (Specialty Occupations):

    • For professionals in specialty occupations that require a bachelor’s degree or higher.

    • Common in fields like IT, engineering, finance, and healthcare.

    • Subject to an annual cap, except for exempt organizations.

  2. L-1 Visa (Intra-Company Transferees):

    • For employees of international companies who are transferred to the U.S. branch.

    • L-1A is for executives and managers; L-1B is for employees with specialized knowledge.

  3. O-1 Visa (Extraordinary Ability or Achievement):

    • For individuals with extraordinary ability in fields such as arts, science, education, business, or athletics.

    • Requires proof of outstanding achievements.

We not only assist first time applicants of work visas, but we also facilitate returning workers go through the visa application process and get fully prepared to respond to any request for further information from the consulate under Section 221(g) of The Immigration and Nationality Act.

We help those already in the U.S. to bring family members on Dependent Visas like the H-4, L-2, O-2 and the like.

Non Immigrant Visas

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