An Introduction to Temporary Immigration

OVERVIEW

The non-immigrant visa classification covers a broad range of visas used to enter the United States for work, pleasure or study. Some visas are considered ‘dual status’; you may attempt to obtain permanent residency (a green card) while under that classification. Most non-immigrant visas, however, require you establish the demonstration of non-immigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the US can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you on a derivative visa.

Student Visas

The wide variety of educational facilities in the United States offer great opportunities for students wishing to further their education and training. The intellectual stimulation and social experiences of studying in the U.S. will be vital parts of a student’s growth and development.

Foreign national students who want to study in the U.S. usually apply for the F-1 visa. Although the J-1 and M-1 Visas (for vocational students) are sometimes used, most foreign students enter in F-1 status.

 

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under F-2 status. A prospective student’s Form I-20A-B may be used to request an F-2 visa.

 

If your spouse and/or dependent children are joining you later, they will need to submit Form I-20A-B, endorsed from the school you are attending. F-2 visa holders cannot work while in the US nor attend school without changing their status to F-1. An F-2 child may attend school-elementary through 12th grade.

 

STEPS:

You must be enrolled as a full time student for an academic educational program with the USCIS approved school. You should have the USCIS form I-20 A-B/ID (Certificate of eligibility) issued by the educational institute.

 

PROCEDURE TO APPLY:

You must submit your visa application form, Form I-20A-B and other required documents at the U.S. Consulate, Consular Office or U.S. Embassy with jurisdiction over your permanent residence.

 

DOCUMENTS REQUIRED ARE:

  • 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.
  • A letter of admission from the school you plan to attend.
  • A signed Form I-20A-B.
  • Applicants applying with I-20 forms processed after 1 Sept 2004 are required to provide the SEVIS I-901 fee receipt as proof of payment.
  • Proof of sufficient funds to partake in study in the U.S. Proficiency in English or that s/he will receive training to become proficient
  • Intention to depart the U.S.

Less common is the M-1 visa, which offers a great opportunity for students to train in a positive U.S. environment and strengthen their technical and non-academic skills. The M-1 visa is offered to students who wish to pursue full-time study at an USCIS approved vocational or non-academic school in the United States.

 

These schools are usually community and junior colleges that offer vocational and technical training or vocational high schools. The schools must prove their international students program will reach certain educational objectives and will not be used to make students work.

 

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under M-2 status. A prospective student’s Form I-20M-N may be used to request an M-2 visa.

 

If your spouse and/or dependent children are joining you later, they will need to submit Form I-20M-N, endorsed from the school you are attending. M-2 visa holders cannot work while in the U.S. nor engage in full time study. An M-2 child can attend primary or secondary school.

 

STEPS:

You must be enrolled as a full time student for an academic educational program with the USCIS approved school. You should have the USCIS form I-20 M-N/ID (Certificate of eligibility) issued by the educational institute.

 

PROCEDURE TO APPLY:

You must submit your visa application form, Form I-20M-N and other required documents at the U.S. Consulate, Consular Office or U.S. Embassy with jurisdiction over your permanent residence.

 

DOCUMENTS REQUIRED ARE:

  • 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.
  • A letter of admission from the school you plan to attend.
  • A signed Form I-20M-N.
  • Applicants applying with I-20 forms processed after 1 Sept 2004 are required to provide the SEVIS I-901 fee receipt as proof of payment.
  • Proof of sufficient funds to partake in study in the U.S. Proficiency in English or that s/he will receive training to become proficient
  • Intention to depart the U.S.

The H-3 visa is useful for a limited group of people, namely those who have been invited to participate in a training program in the United States. The training may be offered by a U.S. branch of their own company or by an unrelated U.S. company. However, the training must be unavailable in the worker’s home country. There are no limits on the number of people who can be granted H-3 visas each year.

 

U.S. Citizenship and Immigration Service’s regulations recognize some specific types of trainees as potentially H-3 eligible, including certain medical interns or residents; licensed nurses who need a brief period of training that is unavailable in their native country; and special education exchange visitors. The requirements for the latter group are slightly different than for other trainees.

 

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status.

 

STEPS

The H-3 Visa is not self-petitioned. An employer must petition on behalf of you, the trainee. The employer must provide certain evidence about the training, including a description of the training program, your compensation (if any) and reasons why you need the training. The employer must then submit a petition on Form I-129 with the regional USCIS center that has jurisdiction over the place where the training will be offered.

 

Documents for Filing with USCIS:

  • Proof that this training is not available in your home country.
  • Proof that this training will aid you in your career outside the U.S.
  • Proof that you will not engage in willful employment while in the U.S.
  • Proof that the training is formal in nature.

Work Visas

Temporary work visas are issued to people who come to the United States for employment lasting a fixed amount of time. This employment cannot be permanent or indefinite, meaning that it usually is seasonal or temporary. A petition is required by a prospective employer, who needs to apply to USCIS. The most popular work visas are the following:

The laws regarding the H-1B visa are constantly changing, and applicants seriously considering this category as a means of working in the US on a temporary basis should stay informed and updated as much as possible. Since an applicant’s circumstances and the circumstances of his/her dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category.

 

The H-1B visa allows foreign workers to enter the US and work in a variety of fields ranging from architecture and engineering to health and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration.

 

In order to qualify for H-1B classification, the applicant must have at least a U.S. bachelors degree or its equivalent AND the job sought must require at least a bachelors degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the U.S.

 

The spouse and unmarried children below the age of 21 are allowed to accompany or join the H-1B worker as H-4 dependents.

 

STEPS

Since the H-1B visa requires a U.S. sponsor, the applicant must seek a U.S. employer who is willing to hire the applicant temporarily, pay the applicant the prevailing wage for the offered position and file the petition and supporting documents with USCIS (US Citizenship and Immigration Services).

 

The petition process begins with the sponsoring employer filing a Labor Condition Application (LCA) with the Department of Labor after obtaining a prevailing wage for the position. Upon obtaining an approved LCA the employer files the petition with Immigration. The petition must be filed with documentation that shows the job is a professional or specialty occupation and that the H-1B applicant is qualified for the position.

 

The sponsoring employer must file Form I-129 (Petition for Non-immigrant worker) and H supplement with the CIS office having jurisdiction over the place of employment. All employers must complete and file Form I-129W with the Form I-129 petition.

 

If either the employer or the applicant wishes to expedite the H-1B petition so an initial determination is made within 15 days of the filing, it may request premium processing for an additional fee. The request is made by completing Form I-907.

 

After approval, Immigration will send Form I-797 (Notice of Action) to the employer. The employer then notifies the applicant and sends all the required documents to the applicant who can then apply for his H-1B visa at the U.S. consulate in his home country.

 

DOCUMENTS

Both the applicant and the employer are required to submit documents for the H-1B visa.

 

The applicant is required to submit the following documents when applying for an H-1B visa abroad:

  • A completed visa application (Form DS 160) with one recent photograph, 1 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.
  • Form I-797 (Notice of Action) Copy of the approved Labor Condition Application (LCA) Copy of the field and approved I-129H petition and supporting documentation which should include:
      • *he applicants academic record,
      • education evaluation verifying that the applicants foreign academic record is equivalent to a US bachelors degree,
      • resume,
      • recommendation letters from previous employers (if required),
      • proof of any membership in relevant trade or professional organizations, and
      • a letter from your employer detailing the job and its requirements.
      • Current or updated letter from the employer confirming its intention to hire the applicant according the terms and conditions on its approved petition.
      • Employers most recent financial records or tax returns.

It is the employer’s responsibility to send the items listed in numbers 3 through 7 above to the applicant.

 

Visa fees associated with obtaining the H-1B visa vary from country to country. Please visit the website for the U.S. Consulate/Embassy at which the H-1B visa is being applied for.

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the US under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a NAFTA-approved professional occupation.

 

The following are the requirements to be eligible for the TN Visa:

  • The profession be on the NAFTA list.
  • The foreign national must possess the necessary training for that profession.
  • The proposed position must be classified as a professional position.
  • The foreign national must work for a US employer.

Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD visas. Family members are not required to be Canadian or Mexican citizens, and are eligible to remain in the U.S. for the duration of the TN Visa holder’s stay. They may either accompany the TN Visa holder to the U.S. or come at a later time.

 

TN VISA

Canadian applicants may apply for the TN Visa either at a port of entry or at a preclearance station and must provide the following information:

  • Proof of Canadian citizenship.
  • An offer of employment letter from the sponsoring employer detailing the duties to be performed.
  • Copies of all relevant college degrees and employment records. This data should prove the applicant is sufficiently qualified for the proposed position.
  • A processing fee of $50

Mexican citizens must apply for the TN visa at a U.S. Consulate and must provide the following information:

  • A valid passport Visa Application form
  • Letter of employment from a U.S. employer indicating the position and why the position requires a professional
  • Evidence that the applicant is a professional

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as ‘treaty investors’. A treaty investor 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 partake in a substantial investment. Your investment may be less than that required for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, you may petition for permanent immigration status. Your spouse and/or children under the age of 21 may accompany you under E-2 status. Your employees may also be eligible for the E-2 Visa.

 

STEPS

You may apply for an E-2 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-2 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 your company is owned by foreign nationals.
  • 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-2 Visa.
  • You have invested a ‘substantial’ amount.
  • The investment must be active.

You may also be asked to describe in detail:

  • What type of investment you are involved in.
  • The future prospects for the investment.
  • Other documents that establish your eligibility for the E-2 Visa.

The J-1 visa is designed to provide educational and cultural exchange programs, and to promote the sharing of individuals, knowledge and skills in education, arts and sciences. This visa enables people to participate in exchange visitor programs in the United States. Participants in this visa include students, trainees involved in on-the-job training, teachers engaged in research and teaching and international visitors interested in traveling, researching, consulting and demonstrating specific knowledge. Your spouse and/or unmarried children under the age of 21 may apply for entry under J-2 status.

 

STEPS

You should apply for a J-1 Visa at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advisable to apply within your jurisdiction. Participants in the J exchange program should present a Form IAP-66, prepared by a designated sponsoring organization.

 

DOCUMENTS

The following documents are required for the J-1 Visa:

  • 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 completed form, IAP-66, prepared by a designated sponsoring organization.
  • A completed form, IAP-66, prepared by a designated sponsoring organization.
  • You must also demonstrate that you have binding ties in your home country which you have no intention of abandoning, and that you are coming to the United States for a temporary period of time.

Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S., and who transfer employees to the U.S office for temporary periods of time. This visa is sometimes referred to as the ‘intra-company transferee’ visa.

 

To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company. This visa comes in the following categories:

  • L-1A visas – for executives and managers
  • L-1B visas – for personnel with specialized knowledge.

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under L-2 status. The L-2 spouse is allowed to work provided that s/he first obtains employment authorization from the USCIS. L-2 spouse as well as L-2 children can attend school or college. Servants may be eligible for a B-1 visa with work authorization.

 

STEPS

The employer must file a petition with the USCIS Regional Service Center with jurisdiction over the location of the position. These documents should be photocopies of the originals. The L-1 petition can be premium processed which means that if an additional fee of $ 1000 is paid on top of the filing fee of $190 and the fraud prevention and detection fee of $500, the petition will be adjudicated within 15 days of being filed with the USCIS.

 

The USCIS may request additional documents prior to either approving or denying the case. If it is a premium processing case, the request for additional documents or information must come within the 15 days. You will then have 12 weeks to respond.

 

Once approved, the USCIS will forward the petition to the U.S. Consulate nearest your place of residence for review. If you are not in the U.S. when your petition is approved, you must get your visa stamped at the U.S. Consulate before being allowed to enter the U.S. Your employer will receive Form I-797, notice of approval. After receipt of the I-797, you must then file-in Form DS-160 at the Consulate.

 

If approved, your visa will be valid for 3 years. Blanket Petition: A blanket petition eases the process of getting the L-1 visa. If a company has been defined as a blanket petition entity by USCIS, the company can directly authorize L-1 visas to eligible employees.

 

DOCUMENTS

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

  • A filled-in visa application Form DS-160.
  • The employee copy of Form I-797.
  • The Notice of Action, this petition is filed-in to the USCIS by your employer.
  • Copy of USCIS Form I-129, and the L Supplement.

Your petition should show that both the U.S. and foreign-based company meet USCIS requirements for L-1 status. The U.S. entity should be a branch office, subsidiary or affiliate of the foreign enterprise, and both companies should be actively engaged in business.

The following documents may also be required:

  • A letter from your prospective U.S. employer on company letterhead detailing your position and the U.S. operation’s status.
  • Letters proving that the U.S. and foreign entities are engaged in business. These can be from attorneys, bankers or accountants.
  • Proof of the size and status of the U.S. and foreign entities.
  • Documents that detail the value of the applicant’s skills in regards to the U.S. entity.

You, the employee, should provide the following documents:

  • A resume or curriculum vitae.
  • Copies of passports for family members joining you.
  • Proof of education: degrees, transcripts, etc.
  • Reference letters from former employers.
  • Professional licenses, if applicable.

If you are coming to the U.S. to start a new office, you should also provide the following documents:

  • Proof of a building or location for the new office. A lease will work for this.
  • Proof of your relationship with the foreign entity.
  • Proof of financial resoluteness. You must show that you can pay your U.S. employees and handle any other business costs.

The O-1 Visa enables people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industry to enter the US for temporary periods of time. USCIS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers. To be considered an outstanding individual, you should be highly regarded in your field, and can only work in the U.S. in that area of expertise.

 

Your spouse and unmarried children under the age of 21 may join you in the US under O-3 status. While they may not work while in the U.S., family members are allowed to attend school.

 

STEPS

The O-1 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. Your petitioner should file the Form I-129 with the USCIS having jurisdiction over the state in which you intend to work. The form should be filed at least six months before you plan to begin working. The petition must include a printed article or statement from either a person or group proficient in your field. This person/group should support your status as a respected member of your field.

 

DOCUMENTS

Applicants must provide 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.

Your petitioner must also include the following documents:

  • Your resume/CV and educational history.
  • Proof of your eligibility. Evidence that proves you have received recognition or awards in your field.
  • Printed documents by previous employers or experts in your field that show your level of achievement in your field.
  • Employer financial information.
  • A letter from your employer detailing the work you intend to perform while in the US.

A related visa, the O-2 visa, is offered to support personnel of O-1 Visa holders in the fields of athletics, entertainment, motion picture and television production. This status is not applicable to personnel in the sciences, business or education.

Less Common Work Visas

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.

Visitor Visas

Every year, thousands of visitors travel to the US to engage in business. The best way to temporarily visit the U.S. to deal with your business venture is under B-1 status. This merit-based visa allows access to a variety of business and economic ventures in the U.S. Individuals eligible for this visa range from board members and athletes to musicians, entertainers and servants of non-immigrants.

 

STEPS

You may apply for a B-1 visa at the American Embassy or Consulate in your region or nation. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult. You can apply at the Consular Office of the Embassy or Consulate General nearest your residence, or use one of the following options:

  • Authorized travel agencies: Travel agencies approved by the U.S. Embassy in your region or nation may submit visa applications for you.
  • The VIP Business Program: Your enterprise can register with the VIP Business Program if it repeatedly sends employees to the U.S. Your appearance may be waived, if your application was submitted by an approved business.

You may still need to apply in person. Further, there may be delays in this process due to cross-checking information at the Washington, D.C. database.

 

DOCUMENTS

To apply for a B-1 Visa, you must provide the following documents:

  • A filled-in visa application Form DS-160. Separate applications for each person are required.
  • A passport, valid for travel to the United States for at least six months longer than your intended visit.
  • Two recent photographs 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.

You may also be asked to provide the following documents:

  • Evidence backing up the purpose of your trip. You may show a letter sent by the company explaining the purpose and length of the trip.
  • Specific and realistic plans describing why you wish to visit the U.S. A copy of a tour itinerary is usually acceptable.
  • Information about the company, like a company brochure or catalog.
  • Demonstration of non-immigrant intent. A good example of this is round-trip air tickets.
  • A letter which states that either the firm intends to pay for all cost, or that you have other funds for this trip.

The B-2 visa is the ideal entry pass for tourists interested in seeing the many beautiful sights of the U.S. The B-2 Visa is issued for pleasure trips for a brief period of time, and may also be granted to spouses, children and parents of B-1 Visa holders.

 

So what, officially, is the definition of the term, ‘pleasure’? The State Department defines the term as legitimate activities of a recreational character, including tourism, amusement, visits to friends and/or relatives, rest, medical treatment and activities of a social or service nature.

 

The B-2 Visa can also be used by foreign students wishing to visit or tour U.S. schools prior to enrollment. You should make sure to inform the embassy or consulate of your intentions when you receive the B-1 Visa. You may then be able to change your status at a later time without leaving the U.S.

 

STEPS

You may apply for a B-2 visa at the American Embassy or Consulate in your region or nation. We recommend you do not apply at a U.S .Consular Office outside of your permanent residence, since that process is more difficult. You can apply at the Consular Office of the Embassy or Consulate General nearest your residence, or use authorized travel agencies: Travel agencies approved by the US Embassy in your region or nation may submit visa applications for you. You may still need to apply in person. Further, there may be delays in this process due to cross-checking information at the Washington, D.C. database.

 

DOCUMENTS

To apply for a B-2 Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160.
  • Two recent photographs 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.

You may also be asked to provide the following documents:

  • Evidence showing the purpose of your trip. You may also show letters from relatives or friends that you intend to visit.
  • If you are traveling to the U.S. for medical purposes, you should have a statement from a doctor or medical institution about your treatment.
  • A copy of a tour itinerary.
  • Proof of your intention to leave the U.S. after a temporary visit. Round-trip air tickets will show intent to return to your home country.
  • Proof those arrangements have been made to cover the cost of your trip. An affidavit of support may be required.
  • If you do not have enough funds to support yourself while in the U.S., you must provide evidence that an interested person will provide support.

The Visa Waiver Program (VWP) offers an easy, effective method to travel to the US for business or pleasure. The program enables citizens of participating countries to travel to the US for pleasure or business for 90 days or less without officially obtaining a U.S. visa.

 

STEPS

There are presently 27 participating countries in the VWP: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

 

While most interested parties do not need to apply for a visa, certain exceptions do apply. Some travelers still need to apply for a visa, including people who plan to work or study in the U.S., stay more than 90 days, or people who might otherwise be ineligible for a visa. Travelers who have previously been denied visas, who have criminal records or who may be ineligible to enter the U.S. on the VWP, should contact the nearest U.S. Embassy or Consulate before attempting to use the VWP to enter the U.S.

 

DOCUMENTS

If you are entering the U.S. on the VWP, you must:

  • Have a valid passport issued by your participating country and be a citizen of that country.
  • Propose to enter the US for 90 days or less as a temporary visitor.
  • If entering the US by plane or ship, you must have a round-trip ticket issued on a carrier that has signed an agreement with the US government to participate in the VWP. You must arrive in the US on that carrier.
  • Have proof of financial capability and a signed visa waiver arrival/departure form (I-94W Form), on which you have waived the right to a hearing of exclusion or deportation.

Land entry from Canada or Mexico is allowed under the VWP. You are not required to present round-trip transportation tickets or arrive at the border entry point aboard a carrier who has signed an agreement with the U.S. to participate in the VWP.

Travelers passing through the United States don’t need to be trapped in the airport. The C-1 Visa, also known as the transit visa, enables traveling nonimmigrants to leave the airport and visit family or friends or partake in tourist or shopping ventures. While you are required to leave the U.S. on your departing flight, you are able to spend your waiting time enjoying your surroundings. Each family member should apply for a separate C-1 visa, which will enable the entire family eligible to travel through the U.S.

 

STEPS

You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home.

 

DOCUMENTS:

To apply for a C Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160. Separate applications for each person are required.
  • Two recent photographs 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.

You must also prove the following:

  • You are entering the U.S. only to pass through in transit
  • You have enough funds to reach your proposed destination.
  • You have a ticket or other means to reach your proposed destination.
  • You have permission to enter the country of your final destination, if necessary.
  • Your stay cannot exceed 29 days.

Individuals involved in the United Nations may use the C-2 Visa to travel to the U.N.

 

STEPS

You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home.

 

DOCUMENTS

To apply for a C Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160. Separate applications for each person are required.
  • Two recent photographs 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.

You must also prove the following:

  • You are entering the U.S. as a U.N. transit
  • You have enough funds to reach your proposed destination.
  • You have a ticket or other means to reach your proposed destination.
  • You have permission to enter the country of your final destination, if necessary.

Government officials traveling through the U.S. to a foreign destination may apply for the C-3 Visa. This visa will enable you to leave the airport and enjoy your surroundings. Your family members and personal employees may also apply for the C-3 Visa.

 

STEPS

You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home.

 

DOCUMENTS

To apply for a C Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160. Separate applications for each person are required.
  • Two recent photographs 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.

You must also prove the following:

  • You are entering the U.S. only to pass through in transit.
  • You have enough funds to reach your proposed destination.
  • You have a ticket or other means to reach your proposed destination.
  • You have permission to enter the country of your final destination, if necessary.

Family Visas

A fiancé (e) of an American citizen who will be entering the U.S. solely to marry that American citizen should apply for a K-1 Visa. The marriage should take place within 90 days of entering the U.S. Minor children of the fiancées can apply for a K-2 status and enter the U.S. The K-1 Visa enables one to apply for conditional permanent resident status.

 

STEPS

The American citizen should first file a petition, Form I-129F, Petition for Alien Fiancé(e), with the USCIS having jurisdiction over the place of the his/her residence in the U.S. The approved petition will then be forwarded by USCIS to the American consular office where the beneficiary will apply for his/her visa.

 

A petition for K-1 status is valid for four months from the date of USCIS action, and may be revalidated by the consular officer. The consular officer will then notify the beneficiary when the approved petition is received and provide you with the necessary forms and instructions to apply for a K-1 Visa. Because you are an intending immigrant, you must meet certain requirements similar to the requirements of an immigrant visa applicant.

 

DOCUMENTS:

The following documents are required for the K-1 Visa:

  • A passport, valid for travel to the United States for a duration more than the intended period of stay by at least six months.
  • A birth certificate.
  • A divorce or death certificate of any previous spouse.
  • Police certification of all the places you have lived since the age of 16.
  • A medical examination.
  • Evidence of support.
  • Evidence of a valid relationship with your fiancé(e).
  • Two recent photographs 1 & 1/2 inches square (37mm x 37mm) , with the entire face visible. The picture should be taken before a light background and without head covering.

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made.

Other Visas

The S visa is available to those who have critical reliable information regarding a criminal organization and who are willing to supply or has supplied such information to enforcement authorities or court and the Attorney General determines the presence of such individual(s) in the U.S. is essential to the success of an authorized criminal investigation or prosecution.

 

Form I-854 (there is no filing fee) is filed by federal or state law enforcement agency along with 2 passport style photographs of the qualifying applicant and evidence of his/her cooperation; the need for his/her presence; grounds of inadmissibility and factors warranting favorable exercise of discretion.

T visas are available to persons who have been subject to severe trafficking – meaning the use of force, fraud or coercion for sex trafficking and/or involuntary servitude or slavery; and who are physically in the U.S. and who the Attorney General and the Secretary of the Department of Homeland Security agree have complied with a request by Federal/State/Local Law enforcement authorities to assist in the investigation or prosecution of such trafficking cases. They need to also show that they will suffer extreme hardship upon removal from the U.S.

 

Applicants file Form I-914 along with 3 passport style photographs, evidence that you have been a trafficking victim, that you are physically present in the U.S.; you have complied with reasonable request for assistance in investigation or prosecution and that you would suffer extreme hardship upon removal from the U.S.

 

T visas are available to persons who have been subject to severe trafficking – meaning the use of force, fraud or coercion for sex trafficking and/or involuntary servitude or slavery; and who are physically in the U.S. and who the Attorney General and the Secretary of the Department of Homeland Security agree have complied with a request by Federal/State/Local Law enforcement authorities to assist in the investigation or prosecution of such trafficking cases. They need to also show that they will suffer extreme hardship upon removal from the U.S.

 

Applicants file Form I-914 along with 3 passport style photographs, evidence that you have been a trafficking victim, that you are physically present in the U.S.; you have complied with reasonable request for assistance in investigation or prosecution and that you would suffer extreme hardship upon removal from the U.S.

U visas are available for those individuals who have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity such as: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, slave trade, kidnapping, etc.

 

Qualifying applicants can file a Form 918 with the USCIS and may have to pay a biometric fee of $80. There is no filing fee. The applicant must include evidence showing that s/he was the victim of qualifying criminal activity; that s/he suffered substantial physical or mental abuse; that s/he has information concerning the qualifying criminal activity; that s/he has been, are being or likely to be helpful in the investigation or prosecution; evidence that the criminal activity is qualifying and violated U.S. law or occurred in the U.S. The applicant must also submit a personal statement.

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