The non-immigrant visa classification includes a wide range of visas for individuals seeking to enter the United States for employment, tourism, education, or other temporary purposes. You can apply for a U.S. employment visa with the guidance of an experienced employment immigration attorney.
Some non-immigrant visas are considered dual intent, meaning you may apply for permanent residency (a green card) while holding that visa. However, most non-immigrant visas require you to demonstrate non-immigrant intent, including proof of a permanent residence in your home country that you do not plan to abandon.
The length of stay permitted under a non-immigrant visa can vary—from a few days to several years, depending on the specific visa type. In most cases, your spouse and unmarried children under 21 may accompany you to the U.S. on derivative visas.
Three Kinds of Business Visa:
Temporary Business Visitor under Business Waiver Program
The U.S. Citizenship and Immigration Services (USCIS), through its Office of Fraud Detection and National Security (FDNS), has increased oversight of the H-1B visa program. This includes unannounced site inspections at both the principal place of business and H-1B work locations listed on the Form I-129 petition. Employers should be aware of their rights, responsibilities, and compliance obligations under this intensified scrutiny.
USCIS site inspections may occur before or after adjudication of the H-1B petition, especially in cases involving H-1B extensions. FDNS may verify information through:
● On-site visits to employer and client locations
● Interviews with the H-1B beneficiary and employer representatives
● Review of public records and online information
● Communications via phone, email, fax, or other electronic means
Tens of thousands of H-1B petitions have already been referred to FDNS for inspection, making preparation essential for compliance.
● Request Credentials: Always ask for the investigator’s name, title, and contact information.
● Right to Counsel: Employers may request their attorney be present. If unavailable, you can request to reschedule the inspection.
● Witness Required: Never speak to government agents alone—have a witness present.
● Review Records: Ensure your Public Access File is complete and up to date before any inspection.
● Client Site Awareness: If an H-1B employee works at a third-party location, inform the client of potential site visits and review your contractual obligations.
● Respect Secure Areas: If sensitive or secure areas are involved, suggest an alternative space for interviews and explain your company policies on access and photography.
● Avoid Guesswork: If you don’t know an answer, let the officer know you will follow up with accurate information.
● Document Everything: Maintain a record of any documentation shared with the officer during the visit.
In times of economic uncertainty, H-1B employers must remain vigilant in maintaining compliance. Here are critical reminders:
● Pay for Bench Time: H-1B employees must be paid even when not actively assigned to projects.
● Valid LCA for Each Worksite: A Labor Condition Application (LCA) must be filed and posted for each location where the employee works.
● No U.S. Worker Displacement: Document that placing an H-1B worker at a client site did not result in displacement of U.S. workers, especially during layoffs.
● Transportation Obligation: Employers must cover return transportation costs if employment is terminated before the end of the authorized period.
● Amendments for Material Changes: File an amended H-1B petition for any significant changes, such as job duties, hours, salary, benefits, or work location.
● Petition Revocation: Notify USCIS to withdraw the petition upon termination of employment.
If your business is experiencing a temporary slowdown, consider amending full-time H-1Bs to part-time or flexible-hour H-1Bs. This allows employees to maintain legal status while reducing the employer’s payroll burden. It also provides flexibility for employees to:
● Seek supplemental work
● Finalize personal matters in the U.S.
● Remain eligible for future full-time reinstatement
Compliance with H-1B regulations is more important than ever. If you're facing an FDNS site inspection or considering changes to your H-1B workforce, we encourage you to seek legal counsel.
Contact the Law Office of Sunita Kapoor to schedule a consultation and ensure your business remains compliant and protected.
The information provided above is for general educational and informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. For guidance on your particular situation, please consult an experienced immigration attorney. You may contact Ms. Sunita Kapoor directly for professional legal assistance.
The USCIS’s Office of Fraud Detection and National Security (FDNS) recently reviewed the H-1B program. FDNS may conduct unannounced physical site inspections of residences and places of employment and hold interviews. The visits may occur at the principal place of business and/or at the H-1B non immigrant work location as indicated on the 1-29 petition. USCIS may use a variety of ways to verify namely- review public records and information by written correspondence, Internet, facsimile or other electronic transmission, or telephone. Although most H-1B site visits have occurred post adjudication, a USCIS adjudications officer may refer an H1-B petition to the FDNS for a site visit prior to the completion of an adjudication. This may be especially true with H1-B extensions with the same H-1B employer. The USCIS Vermont Service Center has transferred approximately 20,000 cases to FDNS as part of the H-1B assessment program USCIS California Service Center has also forwarded a sizable number of cases for review. Hence the visits by the FDNS officers may increase.
Employers should request the name, title and contact information for the site investigator, as there are multiple agencies that may audit H-1B program.
The employer may request the presence of the attorney. If the attorney is not immediately available the site inspection must be terminated.
The employers should not speak with the government agents or contractors without a witness.
Employers should retain complete records of public access file. It should be reviewed prior to meeting with the FDNS officer.
If the beneficiary has been placed at a client site not controlled by the employer, the employer should notify the end user about the current H-1B assessment program and the possibility of a site visit.
The end user should be made aware of the identity of the H-1B employer and review the terms of the agreement.
Generally the employer/or the end user should comply with the reasonable requests of the FDNS officer.However, if the FDNS officer requests to access secure areas, an employer may suggest less sensitive areas to conduct interviews with the beneficiary.The employer should explain if it has strict policies against tours and photographs of the sensitive areas.
The employer should not guess about any information and should indicate to the FDNS officer that he will follow up to provide accurate information.
The record should be kept of any documentation provided to the FDNS officer during the site visit.
A Labor Condition Application (LCA) is a mandatory component of every H-1B petition. It is designed to protect both U.S. and foreign workers by ensuring fair wages and working conditions.
The LCA must be filed with the Department of Labor (DOL) using Form ETA-9035, and must be certified before the H-1B petition can be submitted to USCIS.
You may submit your LCA electronically at: https://flag.dol.gov
Hundreds of thousands of people come to the United States from around the world to study and improve their skills. Students interested in studying in the United States must be admitted to a U.S. school or university before starting the visa process. However, students should also remember that acceptance by a U.S. educational institution does not guarantee issuance of a student visa.
There are three types of student visas. For visa application instructions, forms, and more, select below.
– Academic Studies (F visa): For people who have been accepted into a program to study or conduct research at an accredited U.S. college or university.
– Non-Academic or Vocational Studies (M Visa) : For people who have been accepted into a program to study or train at a non-academic institution in the U.S.
– Academic Studies as an Exchange Visitor (J Visas) : For people who have been accepted into a program through a designated sponsoring organization to participate in an exchange visitor program in the U.S. The “J” visa is for educational and cultural exchange programs.
At the Law Offices of Sunita Kapoor, we assist employers with:
● Conducting internal LCA and Public Access File audits
● Ensuring LCA postings and compliance measures are properly followed
● Preparing for DOL Wage & Hour audits
● Advising on complex H-1B workforce strategies and amendments
If you're hiring H-1B employees or need help staying compliant with LCA regulations, we're here to support you.
The information provided on this website is for educational and informational purposes only and does not constitute legal advice. Immigration regulations are complex and fact-specific. For professional assistance tailored to your situation, please consult an experienced immigration attorney. You may contact Ms. Sunita Kapoor directly for legal counsel.
An employment visa allows foreign nationals to work legally in the U.S. Common types include:
● H-1B – Specialty Occupations
● L-1 – Intra-Company Transfers
● E Visas – Treaty Investors and Traders
Eligibility varies by visa type. Most require:
● A U.S. job offer
● Proof of specialized skills, education, or qualifications
● Sponsorship by a U.S. employer
1. Get a job offer from a U.S. employer
2. Employer files a petition with USCIS (e.g., Form I-129)
3. Upon approval, apply at a U.S. consulate or adjust status (if already in the U.S.)
● E-2 Visa: 2–6 months
● H-1B Visa: Several months, depending on processing speed and lottery selection
● Delays possible based on demand and USCIS workload
● Varies by visa type
● H-1B: Initially 3 years, extendable to 6
● Some visas are renewable; others lead to green cards
Navigating U.S. immigration law demands the support of a knowledgeable, trustworthy immigration attorney. At the Law Offices of Sunita Kapoor, P.C., we recognize the complexities and constant changes in immigration policy—and the challenges these pose to individuals, families, and businesses alike.
Our experienced Houston immigration team is dedicated to delivering personalized, strategic, and results-oriented legal solutions that align with your unique immigration needs and long-term goals.
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