General Overview
Persons may seek to enter the United States for a variety of temporary purposes including tourism, to visit friends and family, to attend school, or accept temporary employment. These persons are admitted under the appropriate alphabetically identified visas, which now span a nearly the entire alphabet from A to U. With the exception of persons from “visa waiver” countries, who may be admitted to the U.S. without visa for 90 days for purposes of business or pleasure, most persons seeking admission as nonimmigrants must first apply for the appropriate nonimmigrant visa at a U.S. Consulate or Embassy abroad.

Overcoming the Presumption of Immigrant Intent

Applicants for many categories of nonimmigrant visas must overcome a presumption of immigrant intent, which is established by law, or their visa application will be denied. This includes persons seeking admission as temporary visitors for business (B-1 visa) or pleasure (B-2 visa), nonimmigrant students (F-1 visa), persons seeking entry as temporary workers filling a labor shortage (H-2), trainees (H-3 visa), performers (P visa), nonimmigrant religious workers R-1 visa, and applicants other nonimmigrant visa categories.

To successfully overcome the presumption of immigrant intent, a nonimmigrant visa applicant that he or she has the intention to return to an unabandoned residence abroad upon completion of the purpose of the proposed temporary stay in the U.S. This requires the applicant to prove the existence of “ties” to his or her home country – including family ties, financial ties, and employment ties – sufficient to satisfy the consular officer that the applicant is more likely than not to return to his or her home country after a temporary visit to the U.S.

Failure to overcome the presumption of immigrant intent is perhaps the most common ground of visa refusal. Young overworked consular officers often make negative intent determinations resulting in visa refusals after a very brief interview, leaving a refused applicant feeling that his or her case has not been fully considered. For this reason, in close cases, adequate preparation, and the presentation of clear and convincing supporting documentation can often mean the difference between success and failure for the nonimmigrant visa applicant.

Temporary Employment Visas

Law Office of Luna Chou has over one decades of experience representing employers and individuals in connection with a wide variety of temporary employment visas, including H-1B, E-1, E-2, L-1, O, P, & R visas. Click on the links below for a discussion of the following temporary employment visa classifications