Aliens from all over the world arrival to the United States to work as nonimmigrants may fall under H-1B, H-Ic, H-2A, H-2B, H-3, (nonimmigrant working or training visa), R-1 (nonimmigrant religious visa), I (nonimmigrant media representatives visa), D crewperson (nonimmigrant landing permit), J-1 (nonimmigrant exchange, trainee)., A and G (nonimmigrant polite visa), O and P (nonimmigrant entertainment visa), L-1 (nonimmigrant intra-company transferee visa), and Tn (nonimmigrant visa for pro Canadians and Mexicans).
Whether an alien qualifies for a nonimmigrant working (or training) visa depends on either the requirements of the particular visa can be complied with by the alien applicant or beneficiary.
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Nonimmigrant Working and Training Visas: H-1b, H-1c, H-2a, H-2b, H-3, and J-1:
This kind covers nonimmigrant working or training visas for business personnel of associates operating in the United States. It permits employment in the United States for longer period and facilitates temporary home for the period of the allowed stay.
Each visa or status requires the prior approval of a U.S. Employer's or trainor's petition, which states the qualifications of the alien beneficiary or learner and the requirements of the position.
1. H-1B: Specialty Occupation:
The yearly cap of 65,000 H-1B visas is reduced to 58,200 after deducting 6,800 H-1B1 visas for Chile and Singapore. H-1B manager can file the request for retrial on April 01 of each year and even thereafter, if the yearly cap is not used up.
The U.S. Petitioner-employer is required to submit a Labor condition Application (Lca) certification from the U.S. Division of Labor (Dol) that such application (Eta 9035E) in the occupational specialty has been electronically filed thereat and monitored at IcertPortal.
The filing fee for the Form I-129 request for retrial to be paid by the manager totals ,320 (0 + ,500) (or 0 if manager has 25 or less employees) + one time 0 fraud fee), payable to the Division of Homeland Security.
Not all occupations are specialty occupations, which require a body of very specialized knowledge and the attainment of a 4-year bachelor's or higher degree in the specific specialty or its equivalent, as the minimum entry requirement for the occupation.
The manager must pay 100 percent of the prevailing wage now carefully by the Dol National Prevailing Wage Help town in Washington, D.C., at the time of filing the Lca. The manager is also required to contend a public access file within one day after the Lca filing, and post consideration of the Lca filing in two (2) locations for ten (10) days.
An H-1B request for retrial may be approved up to three (3) years with extensions up to maximum of six (6) years, and beyond, if a Form I-140 employment-based request for retrial has been filed and pending for at least 365 days prior to the 6th year limit.
2. H-1C: Foreign-Trained Nurses:
Limited (500 visas per year, 25 visas for State with nine (9) million or less people and 50 visas for State with over nine (9) million population) H-1C visas are issued to foreign-trained registered nurses licensed to institution in the State and to work temporarily at hospitals in designated condition pro Shortage Areas (Hpsaa), as defined by the U.S. Division of condition and Human Services (Hhs) and carefully by the Dol.
Initial period of stay is up to three (3) years and minute to three (3) years. But this classification had expired on December 20, 2009.
3. H-2A, H-2B, H-3 and J-1 (Agriculture/Seasonal/Trainees):
(a) H-2A visas are for foreign workers to perform temporary or seasonal agricultural work at the time and place where there are insufficient U.S. Workers who are able, willing, and ready to do the work.
The H-2A manager must accumulate a labor certification determination from the Dol that the employment of an alien laborer would not adversely influence the wages and working conditions of similarly employed U.S. Workers, as well as provide housing and worker's payment insurance.
(b) H-2B visas capped at 66,000 a year are for foreign workers to perform work for a one-time occurrence or a seasonal or peak or intermittent need in nonagricultural sectors of the economy.
An application for labor certification is likewise filed by the U.S. manager and approval obtained from Dol. And as in all H applications, Form I-129 is filed with the U.S. Citizenship and Immigration Services (Uscis).
Foreign workers are admitted initially for the time stated in the labor certification, with a maximum of one (1) year, field to yearly extensions, to a maximum work stay of three (3) years, and a 6-month foreign residency requirement prior to another application.
(c) H-3 visas are designed for aliens arrival to receive study and training not designed to provide effective employment, unless incidental and needful to the training and pursuing a work face the United States.
They are admitted for the period of the approved training schedule for a maximum distance of two (2) years, field to a 6-month foreign residency requirement prior to a subsequent application for the same beneficiary alien.
The type of training schedule should not exist in the alien's home country or country of origin, and is not effortlessly ready in any other country.
(d) J visas are issued by U.S. Consuls abroad and meant for change visitors, foreign physicians, professors, students, teachers, bona fide trainees or interns, au pair youths, etc.; who have enough funds and are fluent in English.
A learner schedule for agriculture, hotel, and tourism is minute to twelve (12) months with some exceptions. Other training programs may last eighteen (18) months. In order to get added training, trainees should be face the United States for the 2-year foreign residency requirement, unless a waiver thereof is granted by the Uscis.
Waivers may be based on:
(i) inherent persecution in country of origin;
(ii) exceptional hardship on U.S. people or legal permanent resident spouse or child;
(iii) no objection by country of origin; and
(iv) invite by curious state or federal agency.
4. R-1, I, D, A and G Visas:
(a) R-1 visas are for religious workers (ministers, professionals in religious work [cantors, liturgical workers, broadcasters, etc.] or religious vocations [monks, nuns, etc.]) who: (1) two (2) years immediately before the filing of the application on Form I-129 has been a member of the religious denomination having a nonprofit religious society in the U.S.; and (2) will be working for the U.S. Religious society or affiliate.
The R-1 status is initially for three (3) years, but minute to a maximum of five (5) years. The spouse and minor children may accompany or ensue to join in R-2 status.
The R-1 religious laborer may be eligible again for the same status after five (5) years, if he or she resides face of the U.S. For one year, unless he or she is able to adjust to legal permanent resident status as a extra immigrant (Forms I-360 and I-485).
(b) I visas are for representatives of media (foreign press, television, radio, film, etc.) who will perform solely their work in the U.S. They may be employed by a branch, subsidiary, or affiliate in the U.S. Of the foreign media business to perform activities for the advantage of the foreign media.
Their admission is for period of status, which could be indefinitely. And they may adjust to legal permanent home without restrictions. Dependents designated also as "I" are required isolate employment authorization to work in the U.S.
(c) D visas are for foreign crewmen who are arrival to the U.S. To join and work on board a vessel. They consist of crewmen for the general performance of the vessel as well as trainees, cooks, employees of concessions on board such as barbers, beauticians, and waiters on cruise ships.
They may be issued C-1 (transit) visas to join the ship in the U.S. Thereafter, they may be issued Form I-95 (landing permit) to be allowed in U.S. Ports.
Initial admission is for twenty-nine (29) days. No extension nor convert of status is allowed. If only on C-1 visa, they cannot adjust status to legal permanent resident. If on D status, they cannot adjust even if married to a U.S. Citizen, unless grandfathered under Section 245(i) of the Immigration and Nationality Act (a family or employment-based immigrant request for retrial was filed on or before January 14, 1998, or the most recent before April 30, 2001, [if the later applicant were physically in the U.S. On December 21, 2000]).
(d) A and G polite and international organizations visas are for ambassadors, ministers, diplomats, officers, and their families (A-1), other officials and employees of foreign governments and their families (A-2), and personal employees and servants (maids) of A-1 and A-2 and their families (A-3), as well as resident representative, staff, and families of permanent mission of a foreign government to the U.N., I.M.F., O.A.S., etc. (G-1), other accredited representatives of foreign government, soldiery officers, personnel, and immediate families (G-2), as well as G-1 and G-2 from foreign governments not recognized by the U.S. (G-3), officers and employees of international organizations and immediate families (G-4), and lastly attendants, servants, and personal employees of G-1 to G-4, who may be admitted for three (3) years with renewals (G-5).
5. O and P Entertainment Visas:
(a) O visas are for aliens who have "extraordinary quality in the sciences, arts, education, business or athletics," who have demonstrated such quality "by sustained national or international acclaim."
They enter the U.S. To continue the type of work they do abroad, although the work in the U.S. Does not require a man of wonderful ability.
O-1 applicants cannot self-petition; they are petitioned through Form I-129 by U.S. Agents or promoters of their artistic or athletic performances on extra events, who submit itineraries with the application to Uscis.
Persons assisting O-1 applicants as integral part of their performances may be issued O-2 visas, and spouses and children of O-1 and O-2 beneficiaries may accompany or ensue to join them on O-3 status.
O-1 and O-2 petitions are required to consist of written advisory opinion from the proper union or guild, attesting to the beneficiary's expertise/skills and "no objection" to the performance(s) or event(s) in the United States, unless re-entering the U.S. To perform similar activities within two (2) years of obtaining consultation, or merely requesting for extensions of stay.
Initial admission is for the time the Uscis approves to perform the activities, but not exceeding three (3) years. Extensions of one (1) year increments may be granted for the same event(s) or series of performances.
(b) P visas are particularly for internationally-recognized athletes or group performers, such as musical groups or bands performing for at least one (1) year, (P-1A) as well as persons who are integral or needful part of an entertainment group who have had a sustained and colossal connection with the group for at least one (1) year (P-1B).
International recognition and the one (1) year connection may be waived for safe bet performers. P visa holders are allowed to stay temporarily to perform in competition or event or performance. Spouses and minor children may come with or following to join as P-4.
As in O visas, consultation with a proper union or guild is required for P request for retrial (Form I-129) approval. P-1 athletes may be admitted up to five (5) years with one (1) extension, while admission of a P-1 entertainment group may not exceed one (1) year. And spouses and children may be admitted for the period of stay of the needful beneficiary.
6. L-1 and Tn Visas:
(a) L-1 visas are for intra-company transferees, who are employed abroad as managers, executives, or persons with specialized skill for one (1) year of the past three (3) years by a parent, branch, subsidiary, or affiliate of a U.S. Company, before the filing of its application (Form I-129).
The alien beneficiary enters to work in a managerial or executive (L-1A) capacity, or in work captivating specialized knowledge (L-1B) for the U.S. Company, which may be for behalf or nonprofit. No prevailing wage is required as compensation, and the job need not be full-time.
Moreover, the parent and subsidiary associates abroad and in the U.S. Need not be in the same business or occupation. Nor is there any capitalization requirement for the U.S. Company.
Aside from the quarterly Form I-129 fee of 0.00, a one-time fraud fee of 0.00 is required for L-1 applications. If the U.S. business is a start-up, admission for L-1 is for one (1) year. Otherwise, managers and executives are minute to seven (7) years and those with specialized knowledge to five (5) years. Spouses and children may be admitted on L-2 visas for the period of stay of the needful beneficiary.
Spouses of L-1 may be issued employment authorization (Form I-766) for the period of stay not to exceed two (2) years.
(b) Tn visas are for citizens form Canada and Mexico arrival to engage in pro activities for U.S. Employers under the North American Free Trade agreement (Nafta), signed on December 08, 1993.
Nafta defines "activities at a pro level" as requiring "at least a baccalaureate (bachelor's) degree or appropriate credentials demonstrating status as a professional." The regulations (8 C.F.R. §214.6(c)) list the professions covered by Nafta.
No Form I-129 is required, nor a labor condition application (Lca), nor a labor certification approval, only documentation at a port of entry or center for Canadians. A Tn visa is required for Mexicans, but likewise no approved Form I-129, nor Lca.
Form I-94 (Departure Document) is issued as a complicated entry for one (1) year and can be extended on Form I-129. No license to institution is required to enter as a Tn, but licensure may be enforced by the state Division involved.
***This description does not constitute legal guidance or a legal opinion on any specific facts or circumstances. Its contents are intended as general data only. The reader is urged to consult his/her own attorney regarding his/her specific legal questions.)
Working Nonimmigrant Visas For the United States
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