Nonimmigrant Visa Solutions

Temporary (Nonimmigrant) Immigration Attorney in Silver Spring, Maryland

Temporary visas are the gateway to working, studying, and living in the United States. Whether you need an H-1B for a specialty occupation, an O-1 for extraordinary ability, or an E-2 treaty investor visa, our attorneys provide precise, strategic counsel.

The United States offers dozens of nonimmigrant visa categories for temporary stays — each with its own eligibility requirements, conditions, and pathways to permanent residence. Fogam & Associates brings over 28 years of experience navigating these categories for clients across every profession, industry, and nationality.

Work-Based Nonimmigrant Visas

Employer-sponsored and self-sponsored temporary work visas allow foreign nationals to work lawfully in the United States for defined periods. The right visa depends on your occupation, employer, qualifications, and long-term immigration goals.

We handle petitions, extensions, amendments, and transfers across all major work visa categories. We also advise on dual intent, the ability to hold a nonimmigrant visa while pursuing permanent residence — a critical consideration for long-term planning.

  • H-1B — Specialty occupations (bachelor's degree or equivalent required)
  • H-1B1 — Free Trade Agreement professionals (Chile, Singapore)
  • H-2A/H-2B — Temporary agricultural and non-agricultural workers
  • H-3 — Trainees
  • L-1A/L-1B — Intracompany transferees (managers/executives or specialized knowledge)
  • O-1A/O-1B — Extraordinary ability in science, business, arts, film/TV
  • TN — Canadian and Mexican USMCA professionals
  • E-3 — Australian specialty occupation workers

Treaty and Investor Visas

Treaty-based visas allow nationals of treaty countries to come to the United States for trade or investment. The E-1 treaty trader and E-2 treaty investor categories are particularly valuable for entrepreneurs and foreign nationals who wish to run or invest in a U.S. business without committing to the EB-5 immigrant investor pathway.

Attorney Fogam advises E-2 investors on business plan requirements, the investment threshold (substantial investment relative to the total cost of the business), and how to structure their investment entity for maximum approvability.

  • E-1 — Treaty Trader (substantial trade between U.S. and treaty country)
  • E-2 — Treaty Investor (substantial investment in a U.S. business)
  • E-2C — CNMI Investor
  • Strategic planning for businesses qualifying for E-1/E-2
  • E visa renewals and principal/employee E-2 applications

Student, Exchange, and Cultural Visas

International students, exchange visitors, and cultural exchange participants have their own visa categories governed by separate regulations. We advise students and their academic institutions on status maintenance, Optional Practical Training (OPT), STEM OPT extensions, and transitions to work visas after graduation.

  • F-1 — Academic students (full-time enrollment at SEVP-approved schools)
  • M-1 — Vocational/non-academic students
  • J-1 — Exchange visitors (students, researchers, physicians, au pairs)
  • Two-year home residency requirement waivers for J-1 holders
  • OPT and STEM OPT extension guidance
  • F-1 to H-1B transition strategy

Status Maintenance, Extensions, and Changes

Maintaining lawful nonimmigrant status is critical. Any gap in authorized stay can have serious consequences, including accrual of unlawful presence and future bars on returning to the United States. Our firm proactively monitors status expiration dates and files timely extension and change-of-status petitions.

We also advise clients who have accrued unlawful presence about their options, including potential waivers and the effect on future visa applications or immigrant visa eligibility.

For professionals approaching the end of a visa's authorized period, we assess whether to extend the current status, change to a different nonimmigrant status, or transition to an immigrant visa pathway.

Common Questions

Frequently Asked Questions

Each fiscal year, 65,000 H-1B visas are available under the regular cap, plus 20,000 additional visas for beneficiaries with a U.S. master's degree or higher. When USCIS receives more registrations than available visas (which happens most years), it conducts a random electronic lottery. Cap-exempt employers (universities, affiliated nonprofits, government research organizations) are not subject to this cap and can file H-1Bs year-round.

Ready to Move Forward?

Attorney Fogam has helped thousands of clients navigate complex immigration cases since 1996. Schedule a strategy session to discuss your situation.

The Metropolitan Building, 8720 Georgia Ave, Suite 700Silver Spring, MD 20910info@fogamlaw.com