The non-immigrant visa classification covers a broad range of visas used to enter the United States for work, pleasure or study. You can apply for employment visa USA through an employment Immigration Attorney. 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 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 U.S. 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.
Three Kinds of Business Visa:
Temporary Business Visitor under Business Waiver Program
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.
Disclaimer: This is just for education and information and is not meant to be any form of legal advise. Please call up your Immigration attorney or Ms. Sunita Kapoor for more information.
With the Downturn of IT due to the economy turmoil and critical H-1B investigations and immigration raids around the country, it is suggested that it is worth spending some of the slow time in self auditing your files for compliance and reviewing the current workforce to adapt to the needs.
If you are facing reduction in work and the bench period is being extended, you must take appropriate measures. If the change in business is temporary and you expect your business to pick up in few months, it is not good to lay off your employees. One of the options to retain your good employees without hurting their immigration status and also to reduce your burden of payroll is to amend the previously approved H-1B for part time or flexible hours H-1B. This creates benefits for both employer and the employee. The employee is able to maintain his status and able to look for another part or full time job if needed. Or he uses his time to wind up his affairs in U.S. such as dependents’ education, job, selling cars or other property. On the other hand the employer is able to retain his workforce until the economy improves.
Must pay your H-1B workers for Bench time.
Must have approved LCA for each location the H-1B worker is placed at and must satisfy the posting requirements.
Must have written documentation that your H-1B worker's actual employment location (Client site) did not displace U.S. workers (if had layoffs), or had strike or lockout.
Must pay H-1B employee for return transportation to his country if his employment is terminated.
Must amend H-1B petition if there are material changes in employment terms and conditions such as decrease in hours, salary and benefits, change in job duties or employment location.
Must notify USCIS to revoke the petition if H-1B employment is terminated/laid off.
Feel free to contact Ms. Sunita Kapoor (website) to consult on any of the issues regarding compliance or amendment of H-1Bs.
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.
This section provides information and tools that can be very useful for employers of foreign workers.
More topics coming soon
– Compliance issues in case of company spin off
An employment visa in the USA is a type of visa that allows foreign nationals to legally work in the United States. There are several different types of employment visas available depending on the nature of the work and the qualifications of the employee. Examples include H-1B visas for specialty workers, L-1 visas for intra-company transferees, and E visas for investors and traders.
Eligibility for a US work visa depends on the type of visa and the individual's qualifications and circumstances. Generally, individuals who have a job offer from a US employer, possess specialized skills or education, or have exceptional abilities may be eligible for a work visa. It is recommended to consult with a qualified immigration attorney for specific information and guidance on obtaining a US work visa.
To obtain an employment visa in the United States, you must first have a job offer from a U.S. employer who is willing to sponsor you. The employer will then need to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, you can then apply for a visa at the U.S. embassy or consulate in your home country. The type of visa you will apply for depends on the nature of the job and your qualifications. It's important to note that the process can be complex and time-consuming, so it's recommended to consult with an immigration attorney for guidance.
The processing time for a US employment visa varies depending on the type of visa and other factors. It can take anywhere from a few weeks to several months or even longer. It's best to check with the US embassy or consulate in your country for specific information on processing times.
The length of time you can stay in America with a work visa varies depending on the type of visa you have. Some visas allow you to stay for a few months, while others may allow you to stay for several years. It's best to consult with an immigration lawyer or check the specific details of your visa to determine how long you can stay.
