Question 1

What is a visa?

Accepted Answer

A visa is written permission from the Department of State, stamped in your passport and normally issued by a consular official at a U.S. Consulate abroad, allowing a foreign national to apply for admission to the United States. Having a visa is often essential to travel, but it is not a guarantee of entry — U.S. Customs and Border Protection makes the admission decision independently.

Question 2

Does my visa have to remain valid while I am in the U.S.?

Accepted Answer

No. Your visa must be valid at the moment you enter the U.S. After that it may expire without consequence to your stay, provided your I-94 admission record remains unexpired.

Question 3

If I have a Green Card, do I need a visa?

Accepted Answer

No. A Green Card identifies a lawful permanent resident returning from a temporary trip abroad to an unabandoned U.S. residence, generally within one year of departure. Whether residence has been abandoned depends on intent and the facts of each case; the burden of proving abandonment is on the government.

Question 4

Can I be employed while in the U.S. on the Visa Waiver Program?

Accepted Answer

Visitors may not accept gainful employment. A business visitor may consult, confer, negotiate and perform similar tasks for a foreign employer, but may not undertake employment or receive wages in the U.S.

Question 5

If I have an H-1B visa for Company A, can I also work for Company B?

Accepted Answer

Yes — you are not limited to one employer, but each employer must have an approved H-1B petition on your behalf before you begin working for them. No matter how many petitions exist, your six-year maximum stay is measured by the days you spend in the U.S. in H-1 status.

Question 6

If I have an H-1B visa and wish to change employers, what must happen?

Accepted Answer

The new employer must obtain an approved petition on your behalf and your status must be amended before you begin work. When re-entering, an officer will typically want to see the new employer's petition approval; we usually advise amending your passport visa to include the new employer's name to avoid delays.

Question 7

May my attorney accompany me to a consular interview?

Accepted Answer

This is decided by the individual Consulate or consular officer, and in recent years the privilege has been curtailed — in many locations attorneys may not enter the Consulate. Effective representation is still provided through other means, including preparation, correspondence and follow-up before and after the interview.

Question 8

Do you handle matters at U.S. Consulates outside the U.S.?

Accepted Answer

Yes. The firm is uniquely equipped to serve consular visa needs at the U.S. Embassies in London, Paris, Brussels, Bern and Tokyo, and works with most other American Consulates throughout Europe and Asia.

Answers to common immigration questions.

Frequently asked questions

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