An Introduction to Temporary Immigration

Crewmen serving in good faith for normal operations aboard vessels may apply for the D-1 Visa. This classification includes musicians, stewards, technicians and chefs. You may temporarily remain in the U.S. and may only partakin in your ‘crewmen’ duties while in the U.S. Your vessel cannot be involved in fishing, and its home port must be in the U.S. D-1 Visas may be issued for individuals or for an entire crew.

STEPS

Application for the visa must be filed at the U.S. Consulate abroad. While applying for landing privileges, you should submit your application in person, offer all necessary documents, be photographed and fingerprinted, establish that you are admissible under all relevant immigration laws and prove that you are entitled to landing privileges in the U.S.

A companion of the E2 visa, The E-1 Visa is issued to individuals known as ‘treaty traders’. A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

You should be coming to the U.S. to carry on substantial trade, or to develop and direct the operations of a business in which you have invested or will soon invest a substantial amount of capital. You must also be a national of a treaty country and you must be involved in international trade. Your spouse and children may join you under the same status. Your employees, or the employees of your treaty company, may also receive E-1 visas.

STEPS

You may apply for an E-1 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult.

DOCUMENTS

To apply for an E-1 Visa, you must supply the following documents:

• A filled-in visa application Form DS-160.
• One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
• A passport, valid for travel to the United States for at least six months longer than your intended visit.
• Documents that establish that at least 50% of the stock of the company is owned by nationals of the treaty country.
• A letter from your employer detailing your position and stating that you possess highly specialized skills essential to the efficient operation of the firm.

You may also be asked to prove that:

• Your company meets the requirements of the law.
• The trade is substantial; there should be a continuous flow of trade between the U.S. and the treaty country.
• You intend to leave the U.S. after the validity date of the E-1 Visa.

The H-2A Visa is the most functional of visa categories. It fills a specific need for the U.S. and for foreign nationals. The visa allows foreign workers entry to the U.S. to work in agriculture. Truthfully, the visa hasn’t garnered much support in the community. Growers don’t like the limits of the visa and advocates don’t believe the laws give enough support to workers.

The H-2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer. Workers’ spouses and unmarried children under the age of 21 are allowed to join them in the US under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

STEPS

The first step is for the employer to apply for a Temporary Labor Certification from the US Department of Labor (DOL). The employer must meet all requirements of the DOL, and must prove that there are no U.S. workers available for the proposed position(s). After approval of the application, the employer must attempt to recruit eligible US individuals for the proposed positions. After the recruitment process is complete, the DOL will subtract the number of accepted US workers from the requested amount of H-2A workers. If no U.S. workers were able to be recruited, the employer will be eligible to apply for his/her requested amount of visas. The employer will then petition for the agreed amount of H-2A Visas with USCIS.

After approval of this petition, foreign workers may apply to the consulate in their home nations.

DOCUMENTS

The documents required for the petition process are:

• Form I-129/I-129H (Petition for non-immigrant worker) along with a fraud prevention fee
• A copy of the approved Temporary Labor Certificate.
• A statement detailing the number of workers required.
• An application including the workers’ names and qualifications.

The documents required for the H-2A Visa are:

• An approved temporary labor certification.
• Application for Alien Employment Certification
• Agricultural and Food Processing Clearance Order (Form ETA 790). Documents that support the required forms.

The H-2B visa is for individuals who will be performing temporary nonagricultural services or labor. Temporary services or labor refers to any job in which the need for the duties to be performed is temporary. The employer’s need for the services or labor should be a one-time occurrence, a seasonal need, a peakload need or an intermittent need. While only a few H-2B Visas (66,000 per year) are issued each year, the visa is nonetheless useful. The H-2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa.

The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

STEPS:

The first step is to apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). You must meet all requirements of the DOL. The employer must then attempt to recruit eligible U.S. individuals for the proposed positions, and then employer must prove that there are no U.S. workers available for the proposed position.

Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then file the I129 –Petition for Non-Immigrant worker with USCIS requesting H-2B worker. After approval of this petition, you may apply at the consulate in your home country.

Documents for Filing with USCIS:

• An approved temporary labor certification.
• Proof of your qualifications for the position.
• A letter detailing the nature of the position.
• Proof of the temporary nature of the position.
• A letter detailing the nature of the temporary need for foreign workers.

Documents for Consular Process:

• A filled-in appropriate DS visa application Form.
• Separate applications for each person are compulsory.
• One recent photograph as per the specification of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. You may refer to specification on this link http://travel.state.gov/visa/guide/guide_3877.html
• A passport, valid for travel to the United States for at least six months longer than your intended visit.
• Approval Notice of Action from USCIS

The I Visa is a vital tool in a global system, where news and cultures are shared and dispatched across national lines. The I Visa is available to media employees including reporters, freelance journalists and film crew members; mainstream filmmakers are not eligible for this status. I visas are available to persons only to work for a foreign media outlet, or a U.S.-based subsidiary of a foreign media company.

Your spouse and unmarried children under the age of 21 may be eligible for a derivative I status. Your employer must offer a letter detailing your position. I visas, however, are not available to fiancées. If your spouse or children wish to visit you in the U.S., they may choose to apply for a B-2 visa. They may also be eligible to travel under the Visa Waiver Program.

STEPS

Just submit your visa application to the American Consulate or Embassy in your home country.

DOCUMENTS

The Embassy or consulate will ask to see the following documents:

• A filled-in visa application Form DS-160.
• One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
• A passport, valid for travel to the United States for at least six months longer than your intended visit.
• A letter from your employer detailing your position and expected stay in the U.S.

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country’s greatest thinkers and performers. P-1 visas are issued to entertainers, circus artists, and athletes who wish to work in the U.S. Outstanding athletes may apply for this visa in order to compete in the U.S., either as individuals or as members of an internationally recognized athletic team.

Entertainment groups with an outstanding international reputation can be granted P-1 classification as a unit; however individual entertainers within these groups cannot apply for separate visas. Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P-4 status. P-4 visa holders are not allowed to work, but may attend schools or colleges. Servants of a P-1 visa holder may receive a B-1 visa with work authorization.

STEPS

Your employer must forward all necessary documents and evidence along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform. A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-1 Visa, you must provide the following documents:

• A filled-in visa application Form DS-160. Separate applications for each person are compulsory.
• One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
• A passport, valid for travel to the United States for at least six months longer than your intended visit.
• Proof that you are recognized in your field. This may include awards, citations and certificates.
• Athletes and entertainment groups may be asked to provide further documentation.

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country’s greatest thinkers and performers. P-2 Visas are issued to troupes or bands entering the U.S. as a part of an exchange program. There should be two organizations involved in this exchange program: one in the US and one abroad. Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P-4 status. P-4 visa holders are not allowed to work without being granted permission.

STEPS

Either the U.S. labor group that negotiated the exchange agreement, the sponsoring organization or the U.S. employer must file the petition. The petition should be filed to the U.S Consular office or U.S. Embassy, or to the branch of the USCIS with jurisdiction over the location where the troupe/band plans to perform. The application forms and relevant documents may be mailed or submitted in person.

A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-2 Visa, you must provide the following documents:

• A filled-in visa application Form DS-160.
• Separate applications for each person are compulsory.
• One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
• A passport, valid for travel to the United States for at least six months longer than your intended visit.

The petitioner must also provide documents that prove that the troupe/band are eligible for the visa. These documents include:

• Proof that all people involved in the program are artists or entertainers with talent.
• An official letter from the sponsor(s) noting the details of the exchange program.
• Proof that a labor organization mediated over the program.
• An official affidavit that confirms the existence of the exchange program between the US and a foreign country.

The P-3 visa is for artists or entertainers, individually or as a group, who are coming to the U.S. for developing, interpreting, representing, coaching or teaching a unique or traditional ethinic, folk, cultural, musical, theatrical artistic performance or presentation.

The spouse and unmarried children under the age of 21 are permitted to accompany the P-3 to the United States, under a P-4 status. P-4 visa holders are not allowed to work, but may attend schools or colleges.

STEPS

The sponsor must forward all necessary documents along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform. A U.S. agent may file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-3 Visa, you must provide the following documents:

• A filled-in visa application Form DS-160.
• Separate applications for each person are compulsory.
• One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
• A passport, valid for travel to the United States for at least six months longer than your intended visit.

The following are also required:

• Affidavits, testimonials or letters from recognized experts attesting to the applicant’s skills as well as the basis of the expert’s knowledge of the applicant’s skill;
• Documentation that the performance is culturally unique;
• Consultation from an organization with expertise in the individual’s or group’s skills;
• Copy of the written contract between the performer(s) and the employer

R-1 visas are issued to temporary religious workers with non-immigrant intent. The intending worker must be sponsored by a non-profit religious organization that has been present for a minimum of two years within the United States. The petitioning organization and immigrant must demonstrate that the worker will participate in full-time (a minimum of 35 hours) work at the organization per week. The petitioning organization must provide evidence regarding the compensation for the position, which may include: budgets, evidence of previous compensation for a similar position, or verifiable documentation of room and board (if it will be provided).

The spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S., but may attend school.

STEPS

The petitioning organization files an I -129 petition along with supporting documentation with the USCIS. Once the petition has been approved, the Beneficiary of the approved petition applies for the R-1 Visa at the US Embassy or Consulate with jurisdiction over the place of his/her permanent residence. One does not need to maintain a residence abroad which one has no intention of abandoning, but must intend to leave the U.S. at the end of your R-l status.

DOCUMENTS

To get a list of documents that must be submitted at the time of interview, please visit the website for the U.S. Consulate where the visa application is being submitted.