Visa advice

As always, here are a few of our customers’ questions, answered by our counselors. All of our counselors possess many years of experience with the American immigration law and have profound knowledge of visa regulations, which is kept up-to-date by constant further and advanced training.

Please note that the following answers, even if they seem to apply to, do not necessarily have to be the correct answer for your individual situation.

Since each situation is different, no responsibility is taken for the correctness of this information. To get information and advice for your own individual situation, please only rely on personal counsel and assistance from our experts.

The American Dream GmbH is accredited as an emigration counseling center for the for travel to the US according to German “Auswandererschutzgesetz” (emigrant protection law) and is a member of the American Chamber of Commerce.

Please let us know how we can help you. If you need counseling or an appointment, please contact us and we will assist you flexibly and as soon as possible. Any questions concerning our services and prices can be asked online at any time.

YOUR QUESTION:

For how long does a visa still have to be valid upon entering/leaving the country? We are planning a business trip to the US with the company jet. One coworker has a NATO-2 visa that will be valid until September 22, 2009. We will travel to the US on June 10, 2009 and leave on June 22, 2009. Can my coworker use this visa?

OUR ANSWER:

A US visa has to be valid for at least the time you plan to stay in the US. Since the visa expires in September, but you will return in June already, your coworker can use his visa. The so-called status, by the way, will always be determined by the US immigrations official (and noted down in your immigration form I-94). In theory, the official could even grant a stay beyond the visa’s expiration date. We strongly recommend, however, to apply for a new visa at the US consulate in your home country in such cases.

YOUR QUESTION:

I have an insurance agency and I’m a German living in Spain. Now my insurance company has rewarded me with an incentive trip to the US and I need an electronic passport to qualify for visa-free travel, but I haven’t got one. Instead I have a valid passport and a US visa from 1989 (in an expired passport) from Hamburg, Germany, allowing multiple entries into the US. Is that good enough to be admitted into the country in April 2009? I don’t have enough time to get an electronic passport, it takes very long in Spain.

OUR ANSWER:

To be admitted into the US you either need a machine-readable passport issued before October 26, 2005, or a valid B-2 tourist visa. Unfortunately, we have to inform you that your visa from 1989 is no longer valid due to legislative amendments, which means you cannot use it to travel to the US. Currently, your only option is to apply for a new passport (with biometric information) at the German embassy. Or (which probably makes more sense considering your time frame) you apply for a new B-2 tourist visa in Spain. For an application, you must schedule a personal interview at the US consulate. This, as well, you should do as soon as possible in order to make sure that you can realize your travel plans for April.

YOUR QUESTION:

Dear Sir or Madam, I want to apply as a helicopter pilot at company XY. I am married, have been a pilot since 2003 and I’m a Diplom-Ingenieur (FH) (German equivalent of a bachelor’s degree in engineering). What are my chances of obtaining a visa/green card? What do I have to do?

OUR ANSWER:

Applying for a work visa (or even an employment based green card) can only be done by the US employer and only if there is a specific job offer for you, i.e. it is not possible for you to apply independently. Depending on your qualification and your future job offers, you may qualify for a number of different work visas (e.g. H-1B or H-2B), our advice would be to have a look at the H-1B visa requirements. In this context, let us again point out that this category is subject to an annual cap, i.e. only a limited number are issued every fiscal year.

In order to evaluate your chances, we would need to know more about you. Other than that, you should know that the higher your qualification and the higher the quality of the offered position, the higher are your chances of being granted the visa.

You can only apply for a green card after being granted a work visa. This, too, is done by the US employer and the process can take several years. Therefore, we would recommend to focus on the work visa application first.

YOUR QUESTION:

Hallo, I travel to the US for six months every year on a B-2 visa. Now I would like to invest in a company there. I own a house in the US with a current value of approximately $400,000. If I apply, would this investment count also? And when do I file the application? At home in Switzerland or do I travel to Montana on my B-2 visa first?

OUR ANSWER:

Provided you have at least 50% ownership of the business, you may qualify for the E-2 investor visa. For this you will have to provide evidence that your investment in US economy was substantial (currently at least $100,000) and jobs have been created. Your company’s future profitability and your own qualifications are also important factors. US authorities will not recognize private investment (e.g. home ownership) as investment according to E-2 regulations. The application can only be filed after you can provide evidence for all of the above. We strongly recommend to apply at your local US consulate. In theory, you may also apply directly at the USCIS, but we advise against it for various reasons (e.g. costs, change of status etc.).