Visa Information

Visa InformationOnce again we would like to publish some questions which we receive daily from our customers. These questions are answered by our counselors of the visa department. All our counselors have a long experience with immigration law and dispose of a great knowledge in the current visa - regulations.
Please note that the given answers cannot automatically be applied to your own situation.

The answers cannot replace a personal counseling and no responsibility is taken for the correctness of this information.

Please let us know how we can assist you. We will react to your personal counseling wishes as flexible as possible.
Please click on the following link and enter your questions and we will get back to you as soon as possible:

Your Question:

I am German, I possess an E-1 visa and I am living and working in Los Angeles right now. My visa will expire in January 2011. I am planning on leaving for a month and coming back as a tourist for 2-3 months. Is that possible at all? Am I restricted in travelling to the USA anyhow?

Our Answer

Theoretically no problems should occur, since you have been in Germany for a whole month after your visa expiration. But you should be prepared to be asked suspicious questions by the immigration officers regarding an assumption of an illegal immigration. You should expect detailed questions like: Why do you re-enter without a visa? Where will you be staying in the USA? With whom will you spend your time? What is your occupation back in Germany? etc. Documents of your new employee, financial proofs or your itinerary would be more than helpful.

Your question

I am in Texas together with my family to care for my mother, who is in need of care. My wife is planning on nursing her. I got an offer to work in a job nobody else wants to do. The company would sponsor me. How will I be able to get a work visa while being in the USA before my tourist visa will expire in September?

Our answer:

We assume that you and your family entered the USA by using the Visa Waiver Program which allows you to stay up to 90 days. Unfortunately it is not possible to change your current status to another one (work visa) within the USA, which clearly spoken means that you have to leave the USA since a tourist visa can not be extended.
If you have a job offer by an American employer, he will have to apply to get you a visa. Depending on your working skills and the type of job being offered to you, you will have to apply for a specific category of visas (the individual processes and the processing times might differ from each other).

Your Question:

I am interesting in an H- 1B visa and an American employer would like to hire me. I did graduate in 2006 obtaining a High school degree (German Abitur) and finished vocational school / hotel specialist in 2009. Afterwards I worked in the USA with a J-1 visa until March 2010. Now I am back in the German hotel business since one month, but I would like to go back to the USA. My questions are:
1) Will my high school degree and my vocational degree be approved to be equivalent to a bachelor Degree which enables me to obtain a H- 1B visa?
2) How much will the visa fee be which has to be paid by my employer?

Our answer:

In general a bachelor degree is needed to obtain a H-1B visa. It is also possible to proof an equivalent qualification - as a rule: around 12 years of work experience (development of the level of responsibility) are needed. Therefore you have to request a work experience evaluation in the USA ( eg. So according to our experience you will probably not be able to fulfill all requirements according to the work experience you described. Depending on the company size the visa fees vary between 2,500 and 3,000 US dollar. Additionally the attorney/agency, the evaluation office and the translations of all documents have to be paid for.

Since you will not qualify for the H- 1B visa, the H- 2B visa might be a better solution for you. For last mentioned visa your employer has to proof that there is no employee available on the American labor market (Labor Certification) running through a complex process.

Your question:

I have an university place, I filed all applications, I received the I-120 document and I will have my interview in 30 days. I am afraid of my application being denied, since I might not be able to proof my ties to Germany - and most of all because I plan on working in the USA after graduating from university (Master degree). I would also like to know, if it might be possible to extend my visa after receiving my bachelor degree to obtain a Master degree in the USA - and if it might be possible to apply for a work visa right after becoming the master degree in case I already have a job offer.

Our answer:

You do not have to worry, since the ties to the native country are not being examined severely regarding a F- 1 visa - especially if you plan on studying abroad for a longer period of time. It will not be necessary to proof a potential employee. But you will have to verify that you still have living quarters at your parent's house and corresponding financial covering for your stay abroad.
Another possibility might be to extend your F- 1 visa, after receiving the master degree in the USA. It is not necessary - and not recommended by us- to communicate your intentions in your application. If you will be offered a job by an American employer, last mentioned has to apply for your work visa - probably a H-1B visa.