Miami Temporary Non-Immigrant Visa Attorneys

Helping Workers and Families Enter the U.S.

Are you not a U.S. citizen, but you want to enter the U.S. temporarily, and you do not intend to stay? If so, you will probably need to obtain a non-immigrant visa. Your first step should be to speak with our Miami temporary non-immigrant visa attorneys at the Law Offices of Carla A. Anzaldi.

Non-immigrant status restricts your activities in the U.S. to the reason you specified when you applied for a non-immigrant visa. Non-immigrant visas are usually offered only to those who can prove they intend to return to their home nation or nation of origin after a specific period of time. Applications for most non-immigrant visas may be rejected if an applicant appears to have “dual intent” – when the applicant claims to be entering the United States temporarily while the applicant is, in fact, seeking to acquire a green card and permanent resident status in the U.S.

If you need help securing a temporary non-immigrant visa, we can help. Navigating the application process can be challenging, but you don’t have to do it alone. At Law Offices Of Carla A. Anzaldi, P.A., our immigration law firm can guide you every step of the way.

What Is a Non-Immigrant Visa?

How Do You Prove Non-Immigrant Intent?

The non-immigrant visa classification refers to a variety of visas used to enter the United States for work, business, education, tourism, and other reasons. Most non-immigrant visas require the visa applicant to demonstrate non-immigrant intent.

In other words, you must prove that you have a permanent residence in your home country and that you intend to return. The amount of time you may spend in the United States depends on the visa. In most cases, a visa holder’s spouse and/or unmarried children (under age 21) may accompany or join a non-immigrant in the United States by obtaining a derivative visa.

Consult Our Miami Temporary Non-Immigrant Visa Lawyers

An Miami temporary non-immigrant visa lawyer at the Law Offices of Carla A. Anzaldi can help you prove your intent to immigration authorities and help your family members obtain visas. Call us at 754-289-6645. Our visa attorneys advise and represent clients around the world.

What Temporary Non-Immigrant Visas Are Available?

If you plan to visit the U.S. temporarily, you probably need a temporary non-immigrant visa for your stay in the country. The specific visa you need depends on whether you are entering the United States for tourism, work, business, education, or another reason. Temporary non-immigrant visas include these categories:

Temporary student visas: The most common student visa is the F-1, which allows a visa holder to study full-time at a U.S. college, community college, university, high school, or any other school approved by USCIS (U.S. Citizenship and Immigration Services).

Temporary travel visas: Whether you are entering the United States to explore our parks and museums or to visit family members, you will be required to obtain a temporary travel visa. The most frequently sought travel visa is the B-2 visa.

Temporary work visas: Usually, to obtain a temporary work visa, the employer must file a request on your behalf. As soon as USCIS approves that request, you may apply to the U.S. State Department for visa approval using State Department Form DS-160.

What Temporary Employment Visas Are Offered?

If you need a temporary work visa, it is important to apply for the right visa the first time. If you’re not sure, an Miami temporary non-immigrant visa attorney at the Law Offices Of Carla A. Anzaldi can help you determine which work visa you need. Temporary work visas include:

H-1B visas for individuals who are in specialty occupations
H-1B1 specialty visas for professionals from Singapore or Chile
H-2A visas for temporary agricultural employees
H-2B visas for temporary non-agricultural employees
H-3 visas for trainees or visitors who are involved in special education
L visas for intracompany transfers
O visas for those with extraordinary abilities or achievements
P-1, P-2, and P-3 visas for entertainment groups and internationally recognized athletes
Q-1 visas for international cultural exchange program participants

Some visas require employers to obtain a labor certification from the U.S. Department of Labor before requesting the visa. U.S. employers who sponsor immigrants and who need to obtain visas also need to be advised and assisted by a South Florida temporary non-immigrant visa attorney.

Are There Other Options for Temporary Entry?

A number of other non-immigrant visas also permit foreign nationals to enter the United States temporarily. Additionally, several programs – primarily intended for humanitarian emergencies – also permit temporary entry. These programs include:

Prosecutorial discretion
Deferred action
Temporary Protected Status (TPS)

When Does a Temporary Work Visa Expire?

How long your temporary work visa remains valid depends on the type of visa. H-1B visas, for example, may remain valid for up to six years. H-2A and H-2B visas are valid for no more than a year, although extensions (renewals) are available for H-2A and H-2B visas for up to three years.

When a foreign national obtains a performance-based temporary non-immigrant work visa (for example, an O or P visa), that temporary visa usually remains valid until the foreign national’s performance or event is completed or accomplished.

Do Other Temporary Visas Allow You to Obtain a Work Permit?

What if you enter the U.S. on a temporary visa that is not employment-based – a K-1 fiancé visa or an F-1 student visa, for example – and you receive an employment offer in the United States? Or perhaps you are still in your home country, but you’re seeking a job offer in the U.S.

Before you accept a job offer in the United States, you must apply for and receive an Employment Authorization Document (EAD). Undocumented immigrants and visa holders with tourism visas are not qualified to apply for an Employment Authorization Document.

To obtain an EAD, you must file USCIS Form I-765 accompanied by documentation that proves you qualify for work authorization. You may expect a reply from USCIS in several weeks. Contact one of our temporary non-immigrant visa attorneys in Miami– from wherever you are – for help with completing and filing Form I-765.

If Your Non-Immigrant Visa Application is Denied, What is Your Recourse?

Most temporary non-immigrant visa applications are approved by the immigration authorities, but federal law in the United States provides a list of reasons why your temporary non-immigrant visa application may be rejected. USCIS may deny your visa application because:

USCIS does not have enough information to determine if you are eligible for a visa.
You do not qualify for the particular visa category that you have applied for.
You are inadmissible on legal grounds (such as having a recent criminal conviction).

There is no appeals process for denials of temporary non-immigrant visas. If you believe that additional information needs to be considered, or if you have remedied the reason your visa application was denied, you may reapply for a temporary non-immigrant visa with assistance and legal advice from a Miami immigration attorney.

What Happens When You Overstay Your Visa?

Your temporary non-immigrant visa will have an issue date and an expiration date. The period between these two dates is your visa validity period, which you are lawfully allowed to travel within or to a port of entry in the United States.

Overstaying your visa in the U.S. can have serious consequences. If you remain in the United States, you’ll lose your lawful status and begin to build an unlawful presence. Your visa will be automatically canceled and cannot be used to re-enter the country. You may be inadmissible to re-enter the U.S. for a particular amount of time, depending on how long you overstayed.

If you wish to stay longer in the U.S., you must apply to renew your visa before your authorized stay expires. If you have already overstayed your visa, you will need personalized advice from an experienced immigration attorney regarding the best way to remedy your situation.

What is Important for Employers to Know?

Federal labor laws protect all foreign nationals who are authorized to work in the U.S. Under the Immigration and Nationality Act, immigrants who have work visas and/or EADs are protected by the federal government and must be paid at least the federal minimum wage.

U.S. business owners who employ workers from other countries need to know that immigration regulations for employers are aggressively enforced. If you hire foreign workers, you need an immigration lawyer who can advise you about work visas, I-9 forms, EADs, E-Verify, and more.

Meet Attorney Carla A. Anzaldi

Immigration laws in the United States are always confusing and always changing, so those who are seeking to enter the U.S. from other countries temporarily or on a permanent basis must have access to accurate, up-to-date immigration advice.

South Florida attorney Carla A. Anzaldi is an active member of the American Immigration Lawyers Association. She received her law degree from the Universidad del Salvador in Argentina (1999) and an LL.M. in Comparative Law from the University of Miami (2005).

Additionally, attorney Carla A. Anzaldi has distinguished herself by acquiring visas for international investors, professionals, and immigrants who have extraordinary abilities. She is a sought-after public speaker, and she is fluent in English and Spanish.

We Can Help You Obtain the Visa You Need

At Law Offices Of Carla A. Anzaldi, P.A., we help individuals and businesses navigate the complex process of obtaining temporary non-immigrant visas, including E-1 and E-2 visas. Whether you are an entrepreneur looking to invest in a U.S. business or a trader conducting substantial international trade, we guide you through every step to improve your chances of approval.

When you work with us, you receive:

Tailored Visa Strategy – We assess your qualifications and determine whether an E-1 treaty trader visa or E-2 investor visa aligns with your business goals.
Detailed Application Preparation – We gather the necessary documentation, including financial records, business plans, and proof of substantial trade or investment, ensuring a strong application.
Timely and Accurate Filings – We prepare and submit your petition correctly to avoid delays or denials due to missing or incorrect information.
Legal Representation – If additional evidence is requested or complications arise, we advocate for you and address any challenges in the process.
Ongoing Support – We provide guidance on visa renewals, extensions, and compliance with U.S. immigration laws.

A successful temporary non-immigrant visa application requires careful planning and attention to detail. Contact us today to take the next step.

Contact Our Temporary Non-Immigrant Visa Lawyers in Miami Today

Obtaining a visa always takes time, so those who are applying for a temporary non-immigrant visa should start the process – and get the legal advice they need – as early as possible. Speaking with an immigration lawyer at the Law Offices of Carla A. Anzaldi is the first step.

Miami immigration attorney Carla A. Anzaldi understands the complexities of immigration law. Her legal team represents clients in the Miami area and around the world who seek to enter or stay in the U.S. for work, business, education, and a variety of other reasons. We help you protect your best interests, understand U.S. immigration law, and obtain the visa you need. We speak English, Spanish, and Portuguese.

Our law firm offers affordable fees and comprehensive legal services to meet the immigration challenges you may face. If you need a temporary visa or if you are dealing with any matter of immigration law, our team can help.

Schedule a consultation with our Miami temporary non-immigrant visa attorneys by calling 754-289-6645.

Miami E-1 Visa Attorneys

Helping International Trade Clients Obtain E-1 Visas

The E-1 visa allows citizens of countries that have a commerce and navigation treaty with the U.S. to enter the U.S. to carry out “substantial” trade between the two nations. Obtaining an E-1 visa begins by consulting one of our Miami E-1 visa attorneys at the Law Offices of Carla A. Anzaldi.

The E-1 trader visa is a non-immigrant visa that allows the citizens of commerce treaty nations and their spouses and unmarried children (under age 21) to enter the U.S. to trade goods and services from the trader’s nation of citizenship with the United States.

Schedule an initial consultation by calling us at 754-289-6645 to speak with our firm.

How Will We Help You?

Immigration law is complicated, so it’s important to discuss your goals and the E-1 application process with an immigration attorney as soon as you determine that you need an E-1 visa. When you consult the Law Offices of Carla A. Anzaldi, our South Florida Miami E-1 visa attorneys can assist you with:

Compiling the documents that must accompany your E-1 visa application
Applying for an E-1 visa and ensuring that your application is complete and accurate
Responding to requests for more documents and information
Responding to a denial of your E-1 visa application (if necessary)
Renewing your E-1 visa without leaving the U.S.

When you file your application for an E-1 trader visa, your application package must include supporting documentation: a business plan, pertinent tax documents, and details about yourself, your employer, the goods and/or services to be traded, and your potential customers.

Is an E-1 Visa Right for You?

To qualify for an E-1 visa as a treaty trader, an applicant must be a citizen of a nation that maintains a commerce treaty with the U.S., although the applicant does not have to reside currently in that nation. Over seventy nations currently have commerce treaties with the U.S.

A foreign national applicant must additionally prove that he or she will have an active, executive position in the trading operation. USCIS (U.S. Immigration and Citizenship Services) closely looks at an applicant’s qualifications, so you should have international trade experience.

How is “Trade” Defined?

For E-1 visa purposes, U.S. Immigration and Citizenship Services defines trade as the ongoing international exchange of goods and services between the United States and a commerce treaty nation. Items of international trade may include:

Goods and products
Banking, insurance, transportation, and tourism services
The transfer of technology
News-gathering activities

What Else Does an E-1 Visa Require?

An E-1 trader visa also entails several requirements regarding the international trade that the applicant will conduct:

Trade between the treaty nation of the E-1 visa applicant and the U.S. must comprise at least 51 percent of the total trade carried out by the applicant’s company.

Trade between the United States and the treaty nation must be “substantial,” currently in progress, and involve frequent and ongoing transactions.

Provided that you meet these requirements, almost any kind of business may qualify for an E-1 visa. USCIS considers the volume of the trading as well as its monetary value. The more and larger the transactions, the more likely it is that the E-1 visa application will be approved.

What Benefits Does the E-1 Visa Provide?

An E-1 treaty trader visa also provides personal benefits directly to the visa holder. These benefits include:

Flexibility: E-1 visas are useful to many individuals and businesses engaged in international trade.

No requirement to create jobs: Unlike several other employment-based visa categories, the E-1 category entails no requirement for the visa holder to invest in a U.S. business or create new jobs in the United States.

No annual cap: Unlike the H-1B specialty occupation visa, there is no annual cap on the number of E-1 visas that are issued, and E-1 applicants are not required to have “exceptional ability.”

Work authorization: E-1 visa holders are authorized to work in the United States for their trading employer.

Renewability: E-1 visas are valid for five years and may be renewed for five-year extensions. There is no limit to the number of five-year extensions that may be issued.

No travel restrictions: An E-1 visa holder may travel freely to and from the United States without having to file USCIS Form I-131 (“Application for Travel Documents”).

What Benefits Are Provided to Family Members?

An E-1 visa holder’s family (spouse and unmarried children under 21) may accompany or join the visa holder in the U.S. and apply for derivative E-1 visas. An E-1 visa holder’s spouse is authorized to work for any U.S. employer without having to request an Employment Authorization Document (EAD).

The unmarried children of E-1 visa holders, provided they are under age 21, may attend a school or university in the United States without any need to apply for an F-1 student visa.

How Do You Apply for an E-1 Visa?

If the treaty trader is now in the United States in a non-immigrant lawful status, he or she may file USCIS Form I-129 to request an adjustment of status to E-1 classification.

An employer may submit Form I-129 on an employee’s behalf if that employee is in the U.S. with a non-immigrant status. Outside of the United States, to apply for the E-1 visa, you must:

Submit the visa application to a U.S. Embassy or Consulate
Complete Form DS-160 (“Nonimmigrant Visa Application”)
Pay the visa fee
Schedule an interview with a consular officer
Bring any required documents to that interview

An optional premium processing fee can expedite the processing of Form I-129 so that a decision about your visa application can be made within fifteen business days.

What Else Should You Know?

The E-1 visa is a non-immigrant visa issued for a temporary stay in the U.S. When you apply for an E-1 visa, you must include a statement of your intention to return home when your E-1 work ends, but you don’t need to specify the exact amount of time that you wish to remain in the U.S.

There is no direct path from an E-1 trader visa to a green card or U.S. citizenship through naturalization. You may, however, have another path to permanent residence and citizenship through a family connection or through your employer.

An Miami E-1 visa lawyer at the Law Offices of Carla A. Anzaldi can provide sound, personalized advice about the best way for you to acquire a green card.

Let Us Help You Apply for an E-1 Visa

At the Law Offices of Carla A. Anzaldi, our law firm represents and advises clients in the Miami area and around the world. Our legal practice primarily focuses on business immigration and business-related immigration services. Our Aventura E-1 visa attorneys represent both businesses and individual clients, and we speak Spanish and Portuguese as well as English.

An Miami E-1 visa attorney can provide legal assistance, help you obtain the visa you need, and help you understand the terms and conditions of the visa. Every immigration process takes time, so if you’re applying for an E-1 visa, start the process as early as possible by speaking to a South Florida immigration attorney at the Law Offices Of Carla A. Anzaldi.

International traders who need to obtain an E-1 visa should contact the Law Offices of Carla A. Anzaldi today at 754-289-6645.

Miami E-2 Visa Attorneys

Helping International Investors Acquire E-2 Visas

If you’re an international investor, you already know about the first-rate investment opportunities in South Florida and across the U.S. To take full advantage of these opportunities, you need the advice and services of one of our Miami E-2 visa attorneys at the Law Offices Of Carla A. Anzaldi.

Schedule a consultation to discuss your goals with us as soon as you’ve made the decision to invest in a U.S.-based business enterprise. When you become our client, helping you achieve your immigration and investment goals becomes our priority.

E-2 visas are offered to investors from treaty-partner nations – international investors who can make a substantial investment in a U.S.-based business enterprise. How do you obtain an E-2 investor visa? What does the E-2 visa offer?

Request a consultation now to discuss your path forward with the E-2 visa.

Who May Apply for the E-2 Visa?

The typical E-2 visa applicant is someone who already owns and operates one or more successful businesses. The U.S. and other nations want such investors for obvious reasons. They bring investment funds that create jobs, businesses, and prosperity.

The United States provides international investors with several visa options: the E-1 trader visa and the EB-5 investor visa, as well as the E-2 treaty partner investor visa. The E-2 is offered exclusively to investors who can make a substantial investment in a U.S. business enterprise.

What is Considered a Substantial Investment?

For E-2 visa purposes, investment is an investor’s placement of capital at risk to generate profits. The investor’s capital must be subject to partial or total loss should the investment fail.

The law specifies no minimum investment amount, but it would be difficult to acquire an E-2 visa without investing at least $150,000 in a U.S. business enterprise. According to the U.S. Citizenship and Immigration Services (USCIS) website, a “substantial” investment amount is:

substantial compared to the cost of buying an established enterprise or starting a new one
sufficient to ensure the treaty investor’s continuing commitment to the enterprise
sufficient that the investor will likely develop and direct the enterprise successfully

How Do You Apply for E-2 Status?

If you’re in the U.S. with a non-immigrant visa, such as a tourist visa, you’ll submit Form I-129 to seek a change of status to E-2. Treaty investors outside of the U.S. must apply for and obtain an E-2 visa from a U.S. consulate or embassy.

Ask a Miami E-2 visa lawyer at the Law Offices of Carla A. Anzaldi to help you complete Form I-129, as mistakes or misunderstandings could delay your visa’s approval. You can reach our offices – from anywhere – by calling 754-289-6645.

What Does Obtaining an E-2 Visa Require?

International investors seeking E-2 visas must meet the following requirements:

The investor must be from a treaty partner country. More than eighty countries have signed an E-2 treaty with the United States.
The investment must be adequate to ensure the successful operation of a real, operating enterprise. Idle or speculative investment does not qualify. Funds in a bank account or a “paper” organization are not considered investment funds.
An E-2 investor must maintain at least fifty percent ownership and control of the business, and the investment must generate income substantially beyond what is adequate to provide a living for the investor and his or her family.
The investor must be coming to the United States to develop the enterprise and control the funds in person. An applicant who is not the principal investor must be employed by the company in an executive, supervisory, or highly specialized support capacity.
The investment has already been made or is in the process of being made, and the investor must be able to prove that the investment funds are legitimate and came from legal sources.

You can prove that the business you are investing in is not a marginal business by presenting a comprehensive business plan, or if the business is already established, by presenting documents such as U.S. tax returns, payroll reports, financial statements, and W-2 or W-9 tax forms.

Do E-2 Visas Provide a Path to U.S. Citizenship?

E-2 visas do not provide a direct path to United States citizenship, but an E-2 investor has several indirect paths to lawful permanent residence, and eventually, to naturalized U.S. citizenship.

The E-2 visa attorneys in Miami at the Law Offices Of Carla A. Anzaldi can review your current circumstances and explain your options for pursuing lawful permanent residence and citizenship.

Along with their investments, international investors in the United States spend abundantly. They purchase homes and vehicles, and many send children to a U.S. college or university. They also help U.S. citizens by paying a considerable amount of federal, state, and local taxes.

Can E-2 Visa Holders Apply for Green Cards?

International investors should know that the E-2 visa is a “non-immigrant” visa. If an investor wants to remain in the U.S., that investor should apply for an immigrant visa before coming here. If you are already in the U.S., you must submit Form I-129 to change your immigration status.

Because it is a non-immigrant visa, you cannot become a permanent resident of the U.S. – that is, you can’t acquire a green card – merely by obtaining an E-2 investor visa alone.

However, with help from a Miami E-2 visa attorney at the Law Offices Of Carla A. Anzaldi, an E-2 investor can explore alternative paths to becoming a lawful permanent resident – provided that the investor has not violated his or her E-2 visa’s conditions and terms.

Can E-2 Visas Be Extended?

An E-2 visa is usually valid for five years, and there is no limit on the number of extensions that may be granted. It usually takes two to four months from filing an application for an extension before the extension is approved. E-2 investor visas are usually renewed for five-year periods.

You may renew an E-2 by applying at a U.S. consulate or embassy (outside of the U.S.) or by filing for an extension with USCIS if you’re already in the U.S. International investors should know that consular officers have the discretion to issue a visa for a period shorter than five years.

You may apply to renew an E-2 visa up to six months before its expiration. You may also extend your stay by leaving the United States and returning with no need to apply for a new visa.

How Do E-2 Visas Benefit International Investors?

The United States and its citizens are enriched in many ways by the investors who acquire E-2 visas, but what are the benefits for the visa holder? The many benefits of acquiring an E-2 treaty investor visa include, but are not limited to:

E-2 visas usually take less time to be approved than most other visas.
E-2 visas are not subject to annual caps or quotas.
The E-2 investor’s spouse and minor children are usually qualified for derivative E-2 visas that allow them to follow or accompany the investor to the United States.
The E-2 investor’s minor children may attend school in the United States.
E-2 investors may purchase real estate in the United States.

What About the Investor’s Family?

E-2 investors may be accompanied or joined by their spouses and unmarried minor children (under age 21) who may seek E-2 non-immigrant classification as dependents. An E-2 visa spouse enters the United States with E-2S status as the spouse of the principal visa holder.

Family members are typically granted the same period of stay as the investor. If the family members are already in the United States, they may apply for E-2 status or an E-2 extension by filing a single Form I-539 (“Application to Change/Extend Nonimmigrant Status”).

The spouses of E-2 investors are granted work authorization automatically and do not need to apply for an Employment Authorization Document. A current Arrival/Departure Record (Form I-94) indicating E-2 status is considered proof of work authorization.

Work authorization is unrestricted for E-2 visa spouses. They may work part-time, full-time, or be self-employed. Spouses are not limited to working for the U.S.-based business that the other spouse has invested in. However, E-2 dependent children are not authorized to work in the U.S.

Speak with our Miami E-2 visa attorneys today.

Have E-2 Visas Recently Been Restricted?

As you may know, in recent years, new legal restrictions have been imposed on several visa categories. Some of these restrictions were purportedly intended to protect U.S. workers and to prioritize their hiring.

However, because E-2 treaty investors create new employment opportunities in the United States, no new restrictions have been imposed on the E-2 visa category. Even if more restrictions are added in the near future, it is not likely that the E-2 treaty investor visa will be restricted.

The E-2 visa is offered only to international investors from nations that are treaty partners with the United States. The U.S. State Department maintains a list of these nations, but you don’t have to be currently living in a treaty-partner nation or your home country to qualify for an E-2 visa.

What If Your Application for an E-2 Visa is Denied?

An E-2 visa requires a business to have a capacity or a projected future capacity to be profitable beyond merely providing for the investor and his or her family. An E-2 visa or visa extension application may be denied if the business receiving the investment is deemed marginal.

In almost all cases, the rejection of an application for an E-2 visa cannot be appealed. It may only be possible to appeal the decision if there is a clear misapplication of the law. In most cases, it is easier to resubmit your E-2 visa application after you have addressed the reasons for the denial.

If you file to extend your E-2 status and your renewal application is denied, a Miami E-2 visa lawyer at the Law Offices Of Carla A. Anzaldi can explain your options and help you file either an appeal to the USCIS Administrative Appeals Office or a motion to reconsider the decision.

How Will Your Miami E-2 Visa Attorneys Be of Service?

U.S. immigration and business laws can be quite perplexing, so if you’re confused, you are not alone. A South Florida visa attorney can help E-2 visa applicants, visa holders, and their families meet the legal challenges and remain in compliance with immigration laws.

Investors can best take advantage of the E-2 visa and the investment opportunities in the United States by consulting from the beginning with a Miami E-2 visa attorney who has the knowledge to answer all of your questions and the ability to address all of your concerns.

All visas take time, so international investors who apply for the E-2 visa should begin the process – and have access to sound immigration advice – as early as possible. The first step is scheduling an initial consultation with the legal team at the Law Offices Of Carla A. Anzaldi.

Let Us Guide You Through the E-2 Visa Process

Miami immigration attorney Carla A. Anzaldi and her team represent and advise investors around the world who want to invest in U.S.-based businesses. We can help you make the right decisions, acquire the visa you need, and understand what the law requires.

Our legal practice offers reasonable fees and practical solutions to the challenges that international investors face. We speak Portuguese and Spanish as well as English.

If you’re seeking an E-2 visa, or if you’re an investor dealing with any immigration issue in the United States, contact us at the Law Offices Of Carla A. Anzaldi – from anywhere – at 754-289-6645.