understanding type of temporary residencies - boy with backpack walking along fence line


Temporary residencies in California are hard to come by; with so much crowding in the state, it is important to be thorough in your research and confident in your case when applying for a temporary visa of any kind. Whether you are seeking employment or traveling for an extended period, you may face a battle for one of 65,000 annual H-1B visas or thorough processes from the US Citizenship and Immigration Services.
There are over 20 different types of temporary visas, and navigating which one is best for you and why can be very confusing and overwhelming. We recommend seeking assistance with whatever visa you are applying for, but here is some information on the most popular types of temporary residencies:

Temporary Visas

A temporary visa can be used by a variety of foreign nationals to visit the US for business or travel purposes. Because there are so many different types, it is important to define the reason for your stay clearly before applying. For example, an E-2 investor visa is used for business investors who wish to visit the location of said business to oversee operations for a fixed period of time. Many visas involving legitimate business are often approved, as long as the proper documents are provided.

H-1B Visas

H-1B visas are the most sought-after and hardest to come by. The United States only offers 65,000 of these visas per year, because of how high the demand is to seek work in the States. It is particularly difficult to obtain one of these visas without having already secured work. To obtain an H-1B visa (for employment, lengthy travel or education), there are candidates that have an edge over others or may be exempt from the 65,000 cap. These include:

  • Holders of a US master’s degree or higher.
  • Candidates seeking employment at a nonprofit research group, a government research group or a higher education institution, who have been petitioned by an employer.

These visas are very hard to come by, and we always recommend seeking help from an attorney to discuss your options and discover how you can optimize your application for best results.

J Visas

J visas (J-1 specifically) are designed for specific foreign nationals wishing to temporarily reside in the United States through an exchange type program. Some of these include exchanges through universities, employment as an au pair, scientists and researchers or summer interns/employees. These often have a time limit associated and may be difficult to apply for extensions.

Extension of Stay/Change of Status

If you are already in the United States on a temporary visa, you may apply for an extension of stay to lengthen your time here, or if the conditions of your stay have changed you may consider applying for a change of status to ensure the legality of your residence.

All visa applications should be looked over by a licensed professional to ensure your best chances in your case. The process of applying can be lengthy, and response times just as drawn out, so making sure your application is thoroughly completed helps to speed up the decision. Please feel free to contact the Law Offices of Alisha A. Wood with any questions or to seek advice from an excellent attorney: (619) 867-0755.