Visa Attorney in Honolulu, Hawaii Helps Clients Live and Work in the United States
Visa lawyer providing immigration assistance for employers, employees, investors and families since 1991
Citizens of a country other than the United States must have a visa to enter America either temporarily through a nonimmigrant visa or permanently through an immigrant visa if they wish to live or work here. At the Law Offices of KahBo Dye-Chiew in Honolulu, immigration clients receive the guidance and advocacy they need to achieve their goals. Obtaining the proper visas can be complex, and Attorney Dye-Chiew has the skill and experience to anticipate and resolve potential problems.
An overview of immigration law
All persons entering the United States must have authorization to enter the U.S. U.S. Citizens can enter the U.S. by showing their U.S. passports. All other persons must have a visa to enter the United States. Lawful permanent residents of the United States are allowed to enter the U.S. because they possess immigrant or permanent visas. With the exception of those who are authorized to enter the U.S. under the Visa Waiver Program, all others attempting to enter the U.S. must have a nonimmigrant visa to enter.
Attorney Dye-Chiew helps clients determine the most appropriate visa and assists them in obtaining a visa to gain entry to the United States.
A nonimmigrant visa is a visa which allows a foreign national to enter the U.S. for a temporary basis. The non-U.S. citizen must meet all the requirements to be admitted under either the Visa Waiver Program or one of the other nonimmigrant visas.
- The Visa Waiver Program: The foreign national who wishes to travel into the United states for a period of no longer than 90 days, but who do not wish to obtain a visa to do so, may apply for a visa waver. You must be a citizen of one of the participating countries, and you must be entering the United States for business or tourism. Those searching for employment, working as a member of a foreign media or press outlet, attempting to establish permanent residence in the country or who wish to study in the U.S. are not eligible for the waiver.
- Other Nonimmigrant Visas: For those foreign nationals who are not eligible to enter the U.S. pursuant to the Visa Waiver Program or who wish to enter the U.S. for other non-visitor reasons, must qualify for a nonimmigrant visa and apply for the visa at a U.S. Embassy outside the United States. These nonimmigrant visas are often referred to by letters of the Alphabet (based on the letter in that portion of the Statute that defines the specific nonimmigrant visa). Currently the nonimmigrant visas are from “A” for the highest ranking officials of foreign governments who work in the United States all the way through “U” visa for victims of qualifying criminal activities with numerous sub-visas in between. Only the most relevant of these visas are discussed in any detail in this website. Some of the more relevant visas which will be discussed in more detail include the following:
- B-1 temporary business visas — B1 visas allow entry into the United States for business purposes, including conferences, settlement of an estate or contract negotiation.
- E-2 treaty investor visas — E-2 visas are for foreign investors who are citizens of a treaty country.
- E-3 visas for Australian specialty occupation workers — E-3 visas are specific visas for bringing Australian professionals with at least a bachelor’s degree into the United States.
- H-1B visas for specialty occupation workers — H-1B visas are temporary visas intended for workers with bachelor’s degrees in specific fields of study to work in the United States.
- H-3 trainee visas — H-3 visas allow foreign nationals to obtain training not available in their home countries in the United States.
- L visas for intracompany transferees — L visas allow managers and executives to transfer to an affiliated company in the United States.
- O-1 visas for persons with extraordinary ability — O-1A visas enable people with extraordinary ability or achievement in the sciences, arts, education, business, television or motion picture industries to work in the United States on a temporary basis.
- R visas for religious workers — Religious organizations can apply for R visas that allow religious workers such as ministers, priests, nuns to work for their religious organization in the United States.
- TN visas for professionals entering the United States pursuant to the North American Free Trade Agreement — TN visas are specifically for Canadian and Mexican professionals who wish to work in the United States.
A list of the different types of nonimmigrant visas which are available for employment purposes in the U.S. can be found here.
During a consultation, Attorney Dye-Chiew will evaluate your specific needs and determine which of the nonimmigrant visas would be most suitable for your immigration needs.
- Immigrant Visas. In order to remain in the United States on a more permanent basis, the non-U.S. citizen must meet all the requirements to qualify for an immigrant visa. There are four major types of immigrant visas: (a) Family Based Immigrant Visa, often referred to as an “Immediate Relative” immigrant visa or other family based visas are designated “FB-#” immigrant visa; (b) Employment Based Immigrant Visas, often referenced as “EB-#” visas, (c) Asylum, reserved for those who have a well-founded fear of persecution if they return to their home country and (d) the Diversity Lottery.
- Family Based Immigrant Visas. These are immigrant visas which allow a person to enter the United States to reunite with family members who are in the United States including spouses, children, brothers and sisters.
- Employment Based Immigrant Visas. These are visas which allow a person to enter the United States primarily for employment purposes.
- EB-1 visas for professors, researchers and executives — EB-1 visas are intended for priority workers, including those with extraordinary abilities in the sciences, arts, education, athletics and business; professors and researchers; and multinational managers and executives.
- EB-2 visas for professionals with advanced degrees or exceptional ability — EB-2 visas apply to professional workers with a Master’s or higher degree or a Bachelor’s degree with at least five years of progressive experience and education beyond a bachelor’s degree and to professional workers with exceptional ability in the sciences, arts or business.
- EB-3 visas for skilled workers and professionals — EB-3 visas are for skilled workers, professionals and unskilled workers
- EB–4 visas for special immigrants – EB-4 visas are for special immigrants including but not limited to broadcasters, physicians, certain members or affiliates of the Armed Forces and NATO, and religious workers.
- EB-5 visas for immigrant investors — EB-5 visas help foreign investors inject capital into new commercial businesses in the United States that create jobs.
Because it often takes several years for non-U.S. citizens to qualify for an Employment Based Immigrant Visa, Employment Based Immigrant Visa applicants will normally enter the United States on a nonimmigrant visa category which will allow them to work in the U.S. while they are waiting for the Immigrant Visa to become available.
Contact a skilled immigration attorney in Honolulu and find out which visa category applies to you
Attorney KahBo Dye-Chiew in downtown Honolulu has assisted hundreds of non-U.S. citizens in obtaining immigration benefits to allow them to enter the United States. She would be pleased to assist you in seeking immigration benefits either for yourself or for a foreign employee of your company. The firm also helps foreign investors and families. Contact the firm by calling 866-510-7082 or use the online contact form to schedule a consultation. With more than two decades of experience, Attorney Dye-Chiew can help you achieve your immigration goals.