TD Visa Holder Wants to Open a Business in the US

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My wife and I are Canadian citizens currently living in the US. She is working on TN visa and I have a TD visa. I own an organic tea importing/exporting business in Canada. I want to expand that business in the US as well. I am planning to contact the tea retail stores or cafes in the US and negotiate a deal so that I can supply tea from Canada to those stores in the US. Can I do that with my current TD visa or do I need another visa? How much would you charge for helping me obtain the right visa?

Unfortunately, the TD visa does not authorize employment in the US. You would need to change your status to H1B visa or E1 visa in order to run your import/export company from the US.

L1 Visa Stamping Delays

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My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but was told that they could not issue the visa due to an “internal administrative process.” What is an internal administrative process? Does this mean that they will not issue the visa? Can I go to another Consulate to apply?

We’ve seen this type of issue before and it has always been related to either an FBI name check issue or anti-fraud measure that required a site visit by a USCIS hired private investigator. I would not recommend applying for the visa stamp at another Consulate until this is resolved. In our experience, it typically takes 1-2 months to complete the review.

K1 Visa Petitioner Divorced 5 Times

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I’ve been divorced five times. I’m dating a Chinese girl now and I want to bring her here to marry her. Will my divorce history cause any problems?

Having been divorced, by itself, will not prevent you from bringing your fiance to the US on a K1 visa. However, it will require you to document your relationship at a higher level. We have helped many K1 petitioners bring their fiancees to the US and many were previously divorced, some being divorced up to six times. It is definitely approvable but just requires more effort to prepare the case.

Applying for an H1B Visa While in Visa Waiver Status

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I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed?

We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed to change your status. Therefore, after we get the H1B approved, we will need to send you to a US Consulate for visa stamping. This can be done in Canada or Mexico or, if you prefer, you can return to Italy to get this done. We prefer to go for visa stamping in Canada and we have had great success with that route.

Visa Waiver Entry Prior to H1B Start Date

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My H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked me to start in January rather than in October. The problem is that I already have a lease on an apartment and I would still like to come to the US in October. Can I do that using the visa waiver program?

There are no regulations that would bar you from attempting an entry through the visa waiver program or with a B1/B2 visa. However, you will need to justify your entry as consistent with an entry for tourist of business purposes. The CBP officer that interviews you will have discretion to deny your entry if he or she believes otherwise.

H1B Visa Advertising Requirements

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I would like to apply for an H1B visa but I have some concerns. I heard that my employer has to advertise for my position to make sure no Americans want the job before he can sponsor me. Is that true?

No, advertising for the position is not a requirement for the H1B visa program. Advertising the position to see if there are any minimally qualified US workers who want the position is a requirement of the PERM/Labor Certification program which is the first step in some employment based green card applications. The idea of requiring employers to first offer job openings to US workers before foreign nationals is something that has been considered by Congress off and on over the years. Most recently, Senators Grassly and Durbin floated this idea back in April 2009.

H1B Visa vs. H1C Visa for Nurses

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I am foreign educated Registered Nurse. I have obtained nursing license for RN from Arkansas State Board of Nursing. Due to my F1 visa status I am not able to get RN jobs in the USA. At present I stay in Little Rock, AR and looking for a job as RN. I come to know about your law firm and having hope to get Nursing job through H1C visa. I would like to apply for that. Thus, Will you help me to change my visa status from F1 to H1C? If so, what are the processes and criterias?

Very few hospitals qualify to sponsor a foreign nurse for an H1C visa. In fact, I am only aware of 14 such hospitals which are listed on our web site here. Hospitals not on the list may apply through the DOL for H1C certification so they may sponsor H1C visas but they must meet stringent requirements. We encourage foreign nurses to apply through the H1B program rather than the H1C program if they cannot find H1C sponsorship from one of the 14 hospitals on our web site. A nurse may obtain an H1B for certain specialty or supervisory nursing positions such as a clinical nurse specialist or certified nurse practitioner. The applicant must also hold a BSN, other Bachelor’s degree or equivalent if applying as a nurse manager or administrator.

Chinese Applicant for Asylum

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I am from China and I would like to apply asylum. I was persecuted because I had two children. Can you help?

Simply having two children and being Chinese will not result in an asylum approval. However, if you are able to show real persecution because you had two children, such as losing your job, being arrested or fined then you definitely have a case.

L1A New Office Petition

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My brother and I have a company in Brazil. We have 12 employees and an annual turnover of about $500,000 USD. I want to come to open an office in the US using the L1 visa. Is this possible for a small company like ours?

While it certainly makes the case easier if your company were larger, the issue in your case would be how to show that your role in the US enterprise is managerial or executive in capacity. The number of employees in the foreign parent company or in the new US enterprise is not dispositive and we have handled many L1A new office applications where the L1 visa applicant will be the sole employee for the first year of operations.