Yes, the H1-B visa holder can concurrently work for more than one employer. The employee will, however, be required to have a separate I-129 filed for each employer that he works for.

No. An H1-B visa holder’s primary purpose of being in the United States is to continue with the H1- B employment. That employment may itself be part-time or full-time. However, to study full-time, he/she needs an F-1 visa and if the person is currently in H1-B status, they need to apply for a change of status from H1-B to F1.

A B-2 visa is a non-immigrant visa category that applies to those who intend to visit the United States as a visitor for pleasure. In some instances, foreign nationals come to the United States on a B-2 visitor visa not to be visitors but to seek admission to a U.S school. In such cases when applying for change of status from B2 to F-1, the Department of Homeland Security (DHS) will often look at the evidence of the applicant’s preconceived intent to apply for a change to student status.

There are greater chances of success in cases where the applicant is able to show that he or she came to the Unites States in a different nonimmigrant status, maintained that status and is now seeking to change that status to F-1 or J-1 because of a subsequent change in circumstances. The greater the interval between the applicant’s last arrival in the United States and change in circumstances prompting the request for change of status, the greater the likelihood that the DHS will see the request as genuine.

SEVIS stands for the Student and Exchange Visitor Information System and is under the federal jurisdiction of the Department of Homeland Security. Schools must first be approved by the DHS to access the SEVIS system and be able to issue the I-20. The SEVIS Form I-20 is a DHS document that contains information as to the school, the degree one intends to pursue, the timeframe in which the degree will be obtained and one’s financial obligations. It also contains a barcode used to access the student’s information within the SEVIS electronic system.

The dependent of an F-1 student holds an F-2 visa and he/she cannot work. However, the dependent of a J-1 holding a J-2 visa can work. For a J-2 to obtain work authorization, he or she must apply to the USCIS regional service center having jurisdiction over the J-2’s place of residence. Application is made using form I-765 and submitting the appropriate fee, photographs and supporting evidence. A copy of the marriage license will be required, along with a copy of the dependent’s DS-2019 and a letter indicating the reasons that the J-2 seeks employment and that the earnings of the J-2 worker will not be used to support the principal J-1 alien.

The L-1 visa is an intra company transferee visa. The INA Section101 (a)(15)(L), 8USC Sec. 1101(a)(15)(L) defines it as “ An alien who within three years of the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive or… involves specialized knowledge, and the alien spouse and minor children of any such alien only if accompanying him or following to join him.”

The L-1A visa is intended for use by executives or key managers, and the L-1B visa is granted to persons coming in under the specialized knowledge category. Executives and managers who meet the qualifications for L-1A status are allowed to remain in the United States for a maximum of up to seven years, whereas persons who are admitted as L-1B’s solely on the basis of their specialized knowledge of the company’s products or services are limited to a maximum of five years. Finally, the immigrant visa category specifically designated for L-1A non-immigrants allows for a fast track green card process as it puts the L-1A visa holder under the EB1 Multinational Executive or Manager category. This category does not require labor certification.

Yes. The dependent of an L-1 visa holder is given the L-2 visa and he/she can work by obtaining an Employment Authorization Card from a USCIS service center.

An H1-B holder can obtain permanent residence in the United States through the employment based immigration process. The Immigration Act now defines five categories or preferences for immigration based on employment or employment creation.