Immigration to Another CountryUSA
USA Immigration law states that you must obtain a visa to enter America. A visa is an official 'permit' authorizing you to enter the USA, for a specific reason and for a specified period of time. There are many different types of visas and depending on the nature of your visit to the USA (e.g. travel, study, work), this will decide which is the most appropriate visa for you. There are two seperate USA Visa classifications:- "Immigrant" visa and "NonImmigrant" visa:
The most common USA Visa is a "Nonimmigrant" Visa - this is for someone who intends to come to the USA "temporarily" and for a specific purpose. Typically on an H1B Work Visa, F1 Study Visa, L1 Intra-Company Transfer Visa, K and V Fiancee Visas.
An "Immigrant" Visa is for someone who intends to relocate to the USA, to live and work "permanently" (Green Card - Lawful Permanent Residents).
USA IMMIGRATION FORMS and FEES
INS Forms and Fees are available online, or
by calling 1-800-870-3676, or
by requesting forms by mail
The H1B Visa ( USA work permit) is the primary US immigration visa enabling foreign professionals to live and work in America. The H1B visa entitles your spouse and children to accompany you and is a 'dual intent' USA visa, allowing you to apply for a Green Card (permanent residency).
The H1B visa program is typically used for the following professions:
Computing and IT, Telecoms, HealthCare, Finance and Accounting, Teaching, Legal, PR, Marketing and Advertising, Sales, Management and Engineering.
H1B Qualifying Professions –
IT / Computer professionals
University professors and teachers
Engineers
Healthcare workers
Accountants
Financial analysts
Management consultants
Lawyers
Architects
Nurses
Physicians
Surgeons
Dentists
Scientists
Systems analysts
Journalists and editors
Foreign Law advisors
Psychologists
Technical publications writers
Market research analysts
Teachers in elementary or secondary schools, colleges
H1B visa applications can now be filed using the 'Regular Service' or the 'Premium Processing Service'.
Details below are for the 'Regular Process'.
1. Offer and Acceptance of Employment - Employer files a petition on your behalf.
An employer can be an individual, partnership or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition. The BCIS require employment letters which provide:
Specific information addressing the positions held
The exact duties of the position
The exact dates of employment
Information regarding the supervisors and co-workers of the beneficiary.
2. The 'Prevailing Wage' and actual wage must be determined and compared. The employer is required to pay the higher of the two.
The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience. Previaling Wage Details - Click Here
3. File the Labor Certification Application (LCA).
This is a two-page form that contains information about the employer. By completing and signing the form, the employer is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined that employers must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.
USA VISA TYPES
Employment for Speciality Occupations
· H-1B Visa Program
· TN-1 For Canadian Nationals and Mexicans
Other 'H' Visas
· H-1A: Nursing
· H-2A: Temporary agricultural workers
· H-3: Trainees
· H-4: Immediate families of all H visa entrants
For Students
· F-1 /F-2 Student Visas
For Fiancee and Fiance of U.S. citizens for purposes of marriage
· K or V Visa program
For Artists, Athletes and Entertainers
· P-1 Visas for Athletes and Entertainers
· P-2 and P-3 for Artists
For Business and Finance Professionals
· E-1 Treaty Trader Visas
· E-2 Treaty Investor Visas
For Foreign Government Representatives
· A, G and NATO Visas
Temporary/Non-Immigrant Visas
· L-1 Intracompany Transfer Visas
· O-1 Visas
Other Visas
· Holiday/Vacation Visa Waiver Program
· B-1 Temporary business visitors
· B-2: Temporary visitors for pleasure
· C-1: Foreign nationals in transit through the United States
· C-2: Foreign nationals in transit to/from the UN
· EB-2 Visas - For Individuals of Exceptional Ability or with Advanced Degrees
· EB-3 Visas for Skilled and Unskilled Workers
· G-4: Officers and employees of international organizations
· I Press and immediate families
· J-1 and 2: Exchange Visitor
· R-1 Religious Worker Visas
· S Visas for Aliens Assisting Law Enforcement
For online access to forms necessary to apply for immigration or visa, and information on related fees, visit The US Citizens and Immigration Services website.
To obtain forms through the mail, click here.
Our thanks to Sunrise International Legal Services, a recognized leader in the field of immigration with over 35 years of experience at helping guide people through the process of immigration. For more information, please visit their website.