November 4th, 2023 at 05:10 am
Nonimmigrants B-2 Visas for Household Members | F-1 Visa 2023
B2 visas for long-term non-immigrant household members. A dependent visa category that can be used by immediate family members corresponds to the majority of non-immigrant visa categories that permit a foreign person to work or study in the country for an extended length of time.
The spouse of an H-1B worker may be granted H4 status, usually for the same duration as the H-1B principal spouse, to follow the worker or student. Generally speaking, these derivative Visa categories are limited to one spouse and minors under the age of 21.
The US Departments of State (DOS) and Homeland Security (DHS)
Because the definition of a household is so limited, it has made it possible for eligible household members to travel to the US with non-immigrants for extended periods.
B2 for household members not eligible for derivative status
Cohabiting Partners, members of their extended families, and other household members who are not eligible for derivative status are given special treatment under the policies and procedures that oversee the operations of the DOS. According to the FAM, aliens living in the same home as another alien in long-term non-immigrant status who are not qualified for derivative status under that alien’s visa classification should be classified as B-2s.
Instances, when the long-term non-immigrant may be in H-1B, L1, or F1 status, are among those given as examples of when this form of the second kind may be requested. The B2 household member may be admitted for up to a year under this FAM’s vision, as opposed to the six months that US Customs and Border Protection (CBP) normally grants at a US Port of Entry. After that, the person may request extensions in wide increments of six months.
Definition of Household Members
According to the DOS, these household members could be parents of younger F1 pupils, elderly parents, or cohabiting partners, among others. In any case, the applicant must demonstrate to the consular officer that they have a close relationship and that they both reside in the same foreign residence.
It is not intended for roommates or other less formal or remote relationships to use this B2 classification. The household member still needs to fulfill the B2 criterion. Like other B2 applicants, the B2 household member may want to remain in the country for more than six months or a year, but immigration intent is not allowed.
At the US Port of Entry, the Consular Officer and CPP officer need to be persuaded that the household member’s presence would only be brief and that they plan to return to their home country. When requesting an extension through US Citizenship and Immigration Services (USCIS), this criteria is still applicable.
Therefore, the household member still needs to provide proof of lack of immigrant intent, household member visas, and admission even if they are traveling with an H1B or L1 worker who intends to move to the US. The name, kind, and length of the long-term non-immigrant may be noted on a B2 Visa form issued by a counselor officer to a household member.
The household member doesn’t need to reapply to obtain an annotated copy of their visa if they currently hold a valid B2 or B1 Visa. The person may request admittance at the US port of entry for a maximum of one year, regardless of whether the visa receives a mark.
Final Thoughts
In addition to providing proof that the long-term non-immigrant is in the US, the admissions candidate should be ready to provide proof of their relationship. Long-term non-immigrants may bring invalid-status family members into the country as B2 household members, however, the onus of proof rests with the foreign national applicant.
Planning and obtaining legal assistance while creating an application package customized for a particular set of circumstances can see progress by speaking with an attorney.
US H-1B Work Visa Update | US Work Visa 2023
US to permit certain holders of work visas to extend their status without having to exit the nation. A pilot program that would allow certain holders of work visas to renew their visas in the US without having to return to their home countries ready for launch by the US State Department.
Participants in this US State Department pilot program must have an H1B visa, which allows over 85,000 highly talented individuals to enter the US for up to three years of employment. The United States wants to do away with the need that holders of H1B visas to visit an overseas consulate to renew their status.
Department of State Response to the Initiative
A representative for the Department of State stated that the program will deal with the ambiguity that certain US businesses who hire H1B temporary workers frequently experience while the pilot program is in place. The Department of State will evaluate whether this regulation is affecting appointment availability worldwide, the spokeswoman said.
Additionally, the authorities will assess if the strategy will clear backlogs and make appointments easier for people attempting to obtain work visas outside of the United States.
Since domestic visa renewals ceased in 2004, immigration attorneys have been pressing the administration to bring back this practice in light of the present circumstances. Immigration attorneys claim that the government is burdening workers with their requirement to return to their home countries to renew work visas.
This is because getting a new visa requires paying a lot of money to travel overseas and make an appointment at a US consulate. By the end of this year, the State Department hopes to begin allowing holders of work visas to reapply while they are still in the nation.
The representative added that participation in the pilot program will initially be voluntary. The initiative must go through the rule-making process before the authorities formally launch this pilot program. Following completion of this process, the State Department will review feedback from the public and revise the proposed Rule as necessary.
After that, the White House will consider the proposal in its entirety. In 2004, the State Department suspended the domestic renewal of certain work visas due to the agency’s noncompliance with certain conditions.
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