Frequently Asked Questions

If I obtain a nonimmigrant temporary work visa, can my family come live with me in the United States?
Yes, with the H-1, H-2 and H-3 Visas, your spouse and any dependent under the age of 21 is eligible for the H-4 Visa which allows them to lawfully enter and stay in the United States for the duration of your Visa. With this Visa program, your family may not work in the United States, however, your dependents may enroll in school. Spouses and children of O-1 Visa holders are eligible for the O-3 Visa which permits residence and study in the United States but also prohibits employment.  Dependents of L-1 Visa holders are eligible for the L-2 Visa. Individuals residing in the United States under L-2 status are eligible to work in the United States provided they obtain an Employment Authorization Document.
May I apply for a temporary nonimmigrant visa as an individual foreign national or must an American company do so on my behalf?
A U.S. employer or training program must “sponsor” the foreign national by filing the application on his/her behalf.  In some circumstances however, such as for example where the foreign national seeks an E-2 "treaty investor" visa, it may be possible for the foreign national to act as his own employer and thus sponsor himself.
Can a foreign national living and working under a temporary nonimmigrant
​visa apply for citizenship in the United States?​
No.  Only foreign nationals who have become permanent residents (Green Card holders) and who meet other eligibility requirements may apply to become naturalized U.S. citizens.
If I sponsor a foreign national for an H-1B Visa must I employ the worker for the
​entire duration of the Visa?
No, but if you dismiss the worker, you may be required to pay travel or other expenses associated with the employees’ return to his or her home country.
How long may a foreign national stay and work in the United States with an H-1B Visa?
The duration of stay with the H-1B Visa is three years, which may be extended for an additional three years. After the maximum period of six years has passed, the foreign national must leave and remain out of the United States for a full year before a petition for a second H-1B Visa may be approved.  Under some circumstances, the H-1B visa may be extended beyond the six-year limit in one year increments.