Q&A’s published on Lawyers.com and the Epoch Times – 5/18/2018 1. Would Like to Change O-3 to a Working Visa, What Are the Options? 2. F-2A NVC Documents 3. E-1 visa

1. Would Like to Change O-3 to a Working Visa, What Are the Options?

British couple in LA, wife with O1 and husband with O3. Husband got a job offer, but can’t work with O3. What are the other visa options available to him? or is a change of status available to him? I he is able to get his own O1, does the employer have to pay for it or can he? What is the time frame for changing to a different visa? Is there premium processing for O1? 

Mr. Lee answers:
For other visa options, your husband should consult with an immigration lawyer. A change of status may be available to him as long as he has maintained status and a petition or application is approved upon which the change of status is based. If he is able to obtain the O-1 by himself, both he and the employer are able to pay for the visa fees. The timeframe for changing to a different visa depends upon the visa requested. The current processing time chart of U.S.C.I.S. for change of status to O-1 is 2 1/2  months at the Vermont & California service Centers. Premium processing is available for O-1’s.

2. F-2A NVC Documents

I want to know if NVC will tell me the necessary documents i should provide on my interview date in the F-2A.

Mr. Lee answers:
NVC provides checklists twice during the immigration process – once when it asks for documents to make the case ready for interview and again when it sends out appointments for interview. The checklist for interview notes the documents that you have submitted, what documents are not applicable, and the documents that you are expected to bring to the interview.

3. E-1 visa

I’m in the USA on a E1 visa and would like to get an additional job within the industry, but not related to my company. Am I eligible to work?

Aside from the trading that I do for which I got the E1 visa, I want to know as to what are the restrictions as far as additional work is concerned. I will keep working for my parent company which is in Europe, but also want to get a job in the USA for another company in the same industry so that I have some extra income.

Mr. Lee answers:
Under an E-1 visa, you are only authorized to work for the E-1 company. That is because part of the purpose of U. S. immigration law is to protect the American worker. Therefore it does not allow multiple job opportunities for persons in the U. S. under a certain visa. Also it does not allow individuals to hold two different immigration statuses in the country. Therefore if you are eligible for other types of non-immigrant working visas such as H-1B, O-1, J-1, H-3, H-2B, you would not be able to work for both companies as you are restricted to only one nonimmigrant status. There is the possibility that you could seek admission on the basis of another type of working visa and explain to a U. S. Customs and Protection inspector that you only intend to work according to the terms of the other visa during that particular stay in the U. S.