Basic Information About The E Category Visa To USA

E  Category Non Immigrant Visa Process:E Visa For USA

Coverage of the E category

The E category is especially useful for business owners, managers, and employees who need to remain in the United States for extended periods of time in order to oversee or work in an enterprise engaged in trade between the United States and a foreign state or that represents a major investment in the United States. The E visa category was established to give effect to those treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.

The E visa category can be used for purposes of conducting trade between the United States and the country of majority ownership of the company (E-l), or overseeing investment in the United States (E-2).

Duration of Stay

Although an initial period of stay of two years is granted to persons coming to the United States in the E category, this period can be extended almost indefinitely-as long as the alien affirms that he or she will leave the United States when the period of authorized stay, including unlimited extensions, ends.

Application Process

It is possible to make the application for this status exclusively through a U.S. consulate abroad. A preliminary petition on Form I-129 does not need to be approved by the USCIS.

Special Conditions

E-category aliens do not need to maintain a foreign residence during their U.S. stays, as long as they affirm their intention to leave the United States when their period of stay (plus any authorized extensions) expires.

Alternatives to the E Category

If a company or individual investor or trader does not qualify for treaty consideration, other alternatives are likely to be open in seeking entry to the United States, either to establish a new company or to service an established one. Probably the most useful category for a company engaged in trade with or an investment in the United States, but which cannot qualify under a treaty, is the L-1 visa category for intra company transferees. This category is useful even for small investors seeking to set up a company in the United States.

Large companies with established subsidiaries or affiliates in this country can also make use of the L-I and B-1 categories, and can also bring to the United States skilled professionals, including some business executives, in the H-IR visa category for temporary workers in “specialty occupations.”

Family Members of the E Visa Holder

Family members of the E visa holder are entitled to enter the United States with the visa holder. Included in this category are the spouses of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remain in the United States in treaty status.

Nonimmigrant and his or her dependent spouse, the I-94 cards of both the principal nonimmigrant and the spouse should be provided. Applicants should also submit a copy of the petition approval notice of the E-1 or E-2 principal to assist in verifying status. (If a petition was previously bled with the USCIS). Finally, BAD applicants must submit:

  • Two full-face, passport-style photographs
  • The filing fee of $175 in a check

Money order made out to the “Department of Homeland Security.” Dependent spouses of E non immigrant’s will be authorized to accept employment for the period of admission and/or status of their spouses not to exceed two years. Dependent spouses may me the Form I-765 concurrently with an extension of stay application, Form I-539. In these cases, the application must be med with the California or Texas Service Center, as appropriate (current rules require that all extension of stay applications med on behalf of E non immigrants be submitted to the California or Texas Service Centers). The Service may take up to 90 days to adjudicate the I-765 application. After 90 days, if the applicant does not receive the BAD, he or she may go to a district office and apply for an EAD valid for a period of 240 days, issued under current guidelines for interim employment authorization.

If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visa program requirements. Please feel free to Contact Now: 1-866-755-9264 .For more detailed information then come our website:  http://www.wanilaw.com/

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Basic Requirements For Obtaining H-2B Status

H-2B Visa Processing Requirements:H-2B Visa Status

H-2B status can be sought for a single alien, or a group of aliens, and the identity of the aliens must generally be known in advance.

It is common for an employer to seek entry for a number of skilled or unskilled temporary workers at the same time. As long as the workers will all fill the same position and work in the same location, many of the preliminary steps to obtain H-2B approval can be done at one time for all of the workers. Under a rule finalized in December of 1995, multiple H-2B beneficiaries may be included in the same petition, even when the alien workers will not receive their visas at the same consulate or enter through the same port of entry.

1. Unnamed Beneficiaries

Under current rules, the employer need not have chosen specific employees when applying for temporary labor certification from the Department of Labor. Usually, however, the employer must designate named aliens by the time that it files its H-2B petition with the USCIS after obtaining temporary labor certification. USCIS officers may rely totally on the assertions of the petitioner in determining whether the petitioner has a valid business reason for not providing named beneficiaries. If the employer has not identified all of the alien workers at the time that an H-2B petition is filed, and the USCIS has not granted an exception to its usual rule, a petition can be filed for the known alien workers, and when the other workers are identified subsequent petitions can be filed with copies of the original labor certification filed with the first petition.

2. Substitution of Workers

The employer can substitute alien workers for the named workers after approval of the USCIS petition if the petition was approved for a group, e.g., a musical combo, if it was approved by the USCIS under its exception permitting unnamed aliens to be included, or if the job being offered has no requirements for education, training, or experience. In these cases, the employer must notify the consulate where the visa will be sought or the port of entry where admission will be sought (in the case of visa-exempt aliens) of the identities of the substitute workers. When the substitution occurs in one of the first two cases and the credentials of the worker are important to his or her qualification, evidence of the worker’s credentials must also be submitted.

3. Certification must he sought from DOL

  • A U.S. employer is required to file a labor certification request with DOL as the first step in employing aliens under the H-2B visa category. DOL must make a determination.
  • Unemployed, qualified U.S. workers are not available for this position in the region of the alien’s proposed employment.
  • The employment of the alien will not adversely affect the wages or working conditions of U.S. workers similarly employed.

DOL has issued separate guidelines for the certification of workers in certain industries (e.g., entertainment, construction personnel, foreign language instructors, aerospace engineers), and these guidelines must be consulted by the employer. In addition, agricultural workers are included in a separate nonimmigrant category, the H-2A category, for which the DOL has issued special regulations that must also be consulted. Contact the local DOL office’s alien employment certification unit for the separate guidelines if one of the occupational groups listed in this paragraph is the subject of your temporary need.

4. The employer’s need for the H-2B worker must he temporary

The employer must demonstrate that the position is one requiring skills or services for which it has a temporary need, and is not a position that needs to be filled by the employer on an ongoing or permanent basis.

In determining whether an employer has demonstrated temporary need for an H-2B worker, the DOL will consider:

Whether the job duties which are the subject of the temporary application are permanent or temporary in nature.

If the duties are temporary in nature the employer’s need is also temporary and further analysis is not necessary. If the duties are permanent in nature, the DOL will consider the other factor noted below.

Whether the employer has clearly shown that the need for the H-2B worker’s services or labor is of a short, identified length, limited by an identified event located in time.

Note that job opportunities of 12 months or more are presumed to be permanent in nature. Under extraordinary circumstances, however, a certified job opportunity could he filled by an H-2B worker for a cumulative period of 12 months or more. Such applications will be forwarded to the DOL regional office for adjudication. In addition, a period of more than 10 months is viewed with suspicion and will also lead to greater scrutiny.

In summary, the following situations can support an H-2B petition based on the employer’s temporary needs:

  • Training of U.S. employees, when the training program is in place, U.S. workers have already been hired, and the trainer will not engage in actual productive employment.
  • Temporary unavailability or absence of a regular employee, e.g., through leave of absence, illness, temporary out-of-office assignment, etc.
  • Peak-load situations that is nonrecurring.
  • Seasonal employment for carefully defined (not overly broad) seasons.
  • Child care limited to early childhood supervision that will end in three years or less, as documented by alternative arrangements for the child at that time, e.g., nursery school, parent will stop working and undertake care, etc.

The “temporary need” requirement poses a significant hurdle for employment agencies and job contractors seeking to use the H-2B category. The Service has taken the position that job contractors or employment agencies cannot file H-2B petitions because such entities have a permanent need for their employees, despite the fact that an individual assignment for an employee may be temporary.

5. The employer must intend to employ the alien temporarily.

The employer must demonstrate that the alien’s term of employment will be temporary. Specifically, the employer must establish that it has not required the skills in question in the recent past, nor will it need those skills in the near future, and that there is a specific time period within which the temporary assignment will be completed, as evidenced by contracts or a description of circumstances that will bring the assignment to a close.

6. The alien can he skilled or unskilled

  • Although the alien may be either skilled or unskilled, he or she must possess the requisite training, education, or skills for the position in question.
  • The alien’s qualifications are established by submission of suitable documentation to the USCIS-degrees, school transcripts, and affidavits of experience. Note that documentation must be in the appropriate form-legible photocopies, unless original documents are requested by the USCIS, and translated, with a certification by the translator as to accuracy, if the original documents are in a foreign language.
  • The alien must intend to remain in the U.S. temporarily and must maintain a foreign residence.

The alien’s intent to remain temporarily in the U.S. is judged independently from the employer’s intention to employ the alien temporarily. In this connection, the alien must maintain a residence abroad, that is, an actual home. Failure to specify a foreign address to which the alien worker will return upon completion of the U.S. assignment is likely to lead to denial of an H-2B visa at a U.S. consulate.

7. An admission slot within the annual cap must be available

The 1990 Act imposed an annual numerical limit on new H-2B admissions, effective with the fiscal year which began on October 1, 1991. That limit-66,000 annual admissions-is computed by the USCIS by assigning a number to each new H-2B petition filed with the Service during the fiscal year (petition extensions will not be counted against the annual limit). If the annual limit is reached, the USCIS will not continue to accept petitions and maintain a waiting list. Petitions will be returned to the employer, who will be told that the limit has been reached and that the petition can be refilled once the next fiscal year begins on the following October Ist.

The USCIS counts against the cap only those petitions regarded as new H-2B employment. Exempt from the H-2B cap are the following types of cases:

  • Petitions for extensions of H-2B stay.
  • Applications for extension of H-2B petition.
  • Petitions reflecting changes in the terms of H-2B employment.
  • Petitions reflecting changes or additions of H-2B employers. In addition, spouses and children of H-2B workers, classified in the H-4 category, are not counted against the numerical limit.

If you have any questions, our office in Wani & Associates will be happy to help you explain the H-2B Visa Status program requirements. Please feel free to Contact Now: 1-866-755-9264 .For more detailed information then come our website:  http://www.wanilaw.com/

Basic Information About The H-2B Category Visa To USA

H-2B  Category Non Immigrant Visa Process:H-2B Visa

1. General Requirements

The H-2B visa category is used by U.S. companies temporarily to employ skilled or unskilled foreign nationals in non-agricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must intend to employ the foreign nationals for a temporary period and the employer’s need for the skills possessed by the foreign nationals must also be temporary. In addition,  the employer  must seek a “labor  certification” from the U.S. Department of Labor (DOL) certifying that:

  • The foreign national is not displacing a qualified unemployed U.S. worker in the region of proposed employment
  • The proposed employment does not adversely affect the working conditions of U.S.

The temporariness of the employer’s need for the alien’s skills, and not just the temporariness of the employer’s need for the particular alien, is the crucial element of the H-2B category. This element differentiates it from the H-1 category, in which the employer’s need for someone with the alien’s skills can be permanent, even though the employer intends to hire the alien temporarily.

Later in the year, however, Congress enacted legislation that effectively increases the number of H-2B workers available to U.S. employers by exempting from the cap workers who have worked in the U.S. under the H-2B visa program in any one of the past three fiscal years and who are returning to the United States to take up temporary employment in FY 2005 or FY 2006. The USCIS announced in May 2005 that, as required under the new law, the agency will begin to accept additional petitions for H-2B workers as of May 25, 2005. Further information regarding these developments is included.

  • Laborer, Landscape-14,236
  • Forest Worker-9699
  • Tree Planter-6793
  • Cleaner, Housekeeping-5324
  • Crabmeat Processor-3250
  • Stable Attendant-2704
  • Kitchen Helper-2358
  • Sports Instructor-1899
  • Groundskeeper, Industrial Commercial-1711
  • Lawn Service Worker-1418
  • Housecleaner-1151
  • Dining Room Attendant-988
  • Fast Foods Worker-987
  • Construction Worker II-979
  • Line Erector-857
  • Bricklayer-681
  • Amusement Park Worker-565
  • Material Handler-562
  • Cannery Worker-542
  • Horticultural Worker II-530
  • Shellfish Shucker-515
  • Knock Up Assembler-500

No other occupation had more than 500 positions certified. These occupational titles come from the DOL’s Dictionary of Occupational Titles (DOT). These occupations accounted for 75% of the H-2B certifications issued. These statistics show that the most commonly certified positions in the H-2B category involve various types of outdoor work or work at resorts for which employers often have a seasonal need.

2. Duration of Stay:

The initial period of stay granted to the alien admitted to the U.S. in H-2B status is governed by the period of time that his or her temporary services are needed. This period must be reasonable in terms of the duties to be performed and cannot extend beyond an initial period of one year. Extensions of stay in increments of one year are possible, but the alien employee cannot be continuously employed in the U.S. for more than three years. The DOL has indicated its view that an employer’s temporary need for job skills will usually be for a period of 12 months or less, with more extended needs occurring only in extraordinary circumstances. Although this view is not controlling on whether a full three years will eventually be granted to an H-2B worker, it must be taken into account in preparing an H-2B case.

3. Application Process

  • As the first step in obtaining H-2B status for alien workers, the U.S. employer must file a request for a labor certification with the state employment service office with jurisdiction over the location of the proposed employment.
  • The request can cover one alien, or a number of aliens filling the same position who will be working in the same location.
  • The approved labor certification, or a DOL notice denying certification, must be filed as a part of the second step-a nonimmigrant visa petition filed by the employer with the USCIS.
  • The petition may be filed for multiple aliens when the labor certification has been issued for multiple aliens, and the beneficiaries will be performing the same service for the same period of time and in the same location.
  • Under a rule finalized in December 1995, however, aliens are not required to seek their visas at the same consulate in order to be included in the same petition.
  • Following approval of the petition, the third and final step occurs-the foreign national or nationals must take the petition approval notice to a U.S. consulate to apply for H-2B visas permitting their admission to the United States.

4. Special Conditions

The alien admitted to the United States in the H-2B category is a temporary worker hired to fill a position for which the employer has a temporary need. Therefore, it may prove difficult to adjust to permanent resident status while filling the same position for the same employer, because the employer has already affirmed the temporary need for the worker’s skills.

  • Rules issued in April 1997 codify existing policy governing the circumstances under which a foreign employer may file H-2B petitions.
  • The rules state that a foreign employer may file a petition only through a United States agent.
  • A “foreign employer” includes any employer who is not amenable to service of process in the United States.
  • As a result, a foreign employer may not directly petition for an H-2B nonimmigrant but must use the services of a United States agent to file the petition.
  • The agent must be authorized to the petition on behalf of the foreign employer and to accept service of process in the United States on behalf of the employer in any proceeding brought by the DHS against the foreign employer based on the unlawful employment of aliens or a failure to verify the status of its employees.
  • The rules also clarify the circumstances under which U.S. agents may file H-2B petitions.

The USCIS rules permit “United States agents” to file petitions in cases involving workers who are traditionally self-employed or who use agents to arrange short-term employment on their behalf with numerous employers, and in cases in which a foreign employer authorizes the agent to act in its behalf. Note the following with regard to each of these circumstances:

  1. Cases Involving Self-Employment

In this case, the agent performs the function of an employer. A contract between the agent and the alien is required specifying the wage offered and the terms and conditions of employment. The agent/employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested.

  1. Cases Involving “Numerous Employers”

In this case, the agent acts as a representative of both the employers and the beneficiary. The agent must submit a complete itinerary of services or engagements. The itinerary must specify the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed. In questionable cases, a contract between the employers and the beneficiary may be required.

  1. Cases Involving Foreign Employers

In this case, the agent acts as the business representative of the foreign employer. Some evidence of the agent’s authority to act on behalf of the foreign employer must be presented, although a formal agency agreement with the foreign employer is not required. A letter from the foreign employer stating that the agent is authorized to file the petition and to accept service of process in any proceeding under the employer sanctions provisions of the immigration statute should be sufficient. The contract between the foreign employer and the beneficiary should also be submitted. If the beneficiary will provide services in more than one location in the United States.

If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visa program requirements. Please feel free to Contact Now: 1-866-755-9264 .For more detailed information then come our website:  http://www.wanilaw.com/

Basic Requirements For Obtaining J-1 Status

Types of Exchange Programs For J-1 Visa:J-1 Visa Status

To enter the U.S., the alien must have plans to participate in a designated Exchange-Visitor Program.

An Exchange-Visitor Program may be sponsored by a government agency, educational institution, hospital, nonprofit association, business, or industrial concern. A group can sponsor its own Exchange-Visitor Program or it may bring aliens to the U.S. for training under an already-established program. Authority to approve or deny designation as an Exchange-Visitor Program rests with the State Department’s Bureau of Educational and Cultural Affairs.

List of Types of Exchange Programs

Participation in an exchange visitor program is limited to persons who will he engaged in one of the following activities in the United States:

  1. Students:  This category includes persons who:
  • It  will study in the United States and pursue a full course of study at a secondary accredited educational institution, pursue a full course of study leading to the award of a U.S. degree from a post secondary accredited educational institution, or pursue a full-time course of study of up to 24 months duration conducted by a post secondary accredited educational institution or an institute approved by the post secondary accredited educational institution where the student is to be enrolled upon completion of the non degree program;
  • It will engage in academic training as permitted under the State Department rules.
  • It will engage in English language training at a post secondary accredited educational institution, or an institute approved by the post secondary accredited educational institution where the college or university student is to be enrolled upon completion of the language training.
  1. Short-Term Scholar:  This category includes a professor, research scholar, or person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post secondary accredited educational institutions, or similar types of institutions.
  2. Trainee: This category covers individuals who will participate in a structured training program conducted by the selecting sponsor.
  3. Teacher: This program category includes individuals teaching full-time in a primary or secondary accredited educational institution.
  4. Professor: This category covers persons primarily teaching, lecturing, observing, or consulting at post secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor.
  5. Research Scholar: This category includes persons primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor.
  6. Specialist:  This category covers persons who are experts in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills.
  7. Other Person of Similar Description:  The programs designated by the Department of State in this category consist of the following:
  • International visitors (including persons who are recognized or potential leaders, selected by the Department of State for consultation, observation, research, training, or demonstration of special skills in the United States).
  • Government visitors (including persons who are influential or distinguished, selected by a U.S. federal, state, or local government agency for consultation, observation, training, or demonstration of special skills in the United States)
  • Camp counselors (including individuals selected to be counselors in a summer camp in the United States who impart skills to American campers and information about their countries or culture).

Certain categories of exchange visitors must spend an aggregate of two years following completion of their U.S. training program in the country of their nationality or last legal residence:

Aliens subject to this requirement are those who have participated in Exchange-visitor Programs.

  • Whose programs have been financed in whole or in part by their governments or by the U.S. government?
  • Who are nationals of countries that the DOS has determined clearly require the skills and services of people with the aliens’ special training?
  • Who are receiving graduate medical training in the U.S.?  (Interns and Residents).

The requirement is that such aliens must, absent a waiver, return to the country of their nationality or last residence for an aggregate period of two years following completion of their U.S. training, before being able to return to the U.S. in the H or L non immigrant categories, or as a permanent resident.

The alien must maintain a foreign residence which he or she has no intention of abandoning:

The alien’s intent to enter the U.S. for a temporary period of time is judged independently from the sponsor’s intent not to keep the alien permanently in the United States. It is therefore necessary for the alien to maintain his or her foreign residence as evidence of an intention to return abroad.

If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visa program requirements. Please feel free to Contact Now: 1-866-755-9264 .For more detailed information then come our website:  http://www.wanilaw.com/