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.
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are three sub-groups:
Persons of extraordinary ability in the sciences, arts, education, business, or athletics: Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the USCIS, rather than through an employer;
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally: No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer: The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business: Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
Skilled workers are persons capable of performing a job requiring at least two years” training or experience;
Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and
Other workers are those persons capable of filling positions requiring less than two years” training or experience.
All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:
1) Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
2) Minister of Religion;
3) Certain Employees or Former Employees of the U.S. Government Abroad;
4) Employee of the Mission in Hong Kong;
5) Certain Former Employees of the Panama Canal Company or Canal Zone Government;
6) Certain Former Employees of the U.S. Government in the Panama Canal Zone;
7) Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
8) Interpreters and translators of Iraqi or Afghan nationality who have worked directly with the United States armed forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 500 visas through FY 08.
9) Certain Foreign Medical Graduates (Adjustments Only);
10) Certain Retired International Organization employees;
11) Certain Spouses of a deceased International Organization Employee;
12) Juvenile Court Dependent (no family member derivatives);
13) Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
14) Certain retired NATO-6 civilians;
15) Certain surviving spouses of deceased NATO-6 civilian employees;
16) Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001;
17) Certain Religious Workers.
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.
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.
