US VISAS AND EADS

US VISAS:
United States Visas were issued to 6.6 million foreign nationals visiting the United States and to 470,000 immigrants in 2008. A foreign national wishing to enter the U.S. must obtain a visa unless he or she is A citizen of one of the thirty-six Visa Waiver Program countries, A citizen of Canada, Bermuda the Cayman Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or Palau (citizens of the Bahamas and the Turks and Caicos Islands may enter without visa if travelling directly to the U.S. from their respective countries with a valid passport and police certificate issued within six months of time of travel certifying they do not have a serious criminal record) Eligible for visa-free travel under other laws There are separate requirements for Mexican citizens. While there are about 185 different types of visas, there are two main categories of U.S. visas: Non-immigrant visa - for temporary visits such as for tourism, business, work or studying Immigrant visa - for people to immigrate to the United States; At the port of entry, the immigrant visa holder is processed for a permanent resident card (I-551, a.k.a. green card). Upon endorsement (CBP admission stamp) it serves as temporary I-551 evidencing permanent residence for 1 year

In order to immigrate, one should either have an immigrant visa or have a dual intent visa, which is one that is compatible with making a concurrent application for permanent resident status, or having an intention to apply for permanent residence. Entering the U.S. on an employment visa may be described as a three-step process in most cases: First, the employer files an application with U.S. Citizenship and Immigration Services requesting a particular type of category visa for a specific individual. If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa. The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country. If the embassy or consulate gives the visa, the individual is then allowed to travel to the U.S. At the border crossing, airport, or other point of entry into the U.S., the individual speaks with an agent from U.S. Customs and Border Protection to ask to admission to the U.S. If approved, the individual may then enter the U.S. Contrary to a popular misconception, a U.S. visa does not authorize the alien's entry to the United States, nor does it authorize the alien's stay in the U.S. in a particular status. A U.S. visa only serves as a preliminary permission given to the alien to travel to the United States and to seek admission to the United States at a designated port of entry. The final admission to the United States in a particular status and for a particular period of time is made at the port of entry by a U.S. immigration officer. For aliens entering the U.S. in a nonimmigrant visa status these details are recorded by the immigration officer on the alien's Form I-94 (Form I-94W for citizens of the Visa Waiver Program countries entering the U.S. for short visits),

which serves as the official document authorizing the alien's stay in the United States in a particular non-immigrant visa status and for a particular period of time. Image of an I-94 form (I-94 form has the records of a persons stay in USA. It basically mark the entries and exits in US):

CLASSES OF VISAS:
A-1, A-2, and A-3: A Visas are issued to "representatives of a foreign government travelling to the United States to engage in official activities for that government." A visas are granted to foreign government ambassadors, ministers, diplomats, as well as other foreign government officials or employees travelling on official business. The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, or adoption who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized as dependents by the sending government. B-1 and B-2: The most common non-immigrant visa is the multiple-purpose B-1/B-2 visa, also known as the "visa for temporary visitors for business or pleasure." Visa applicants sometimes receive either a B-1 (temporary visitor for business) or a B-2 (temporary visitor for pleasure) visa, if their reason for travel is specific enough that the consular officer does not feel they qualify for combined B-1/B-2 status. F visa: These visas are issued for foreign students enrolled at accredited US institutions. They are managed through SEVIS. J-1 Visa: In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are: Au Pair and Edu Care Camp Counsellor Intern Student, College/University Student, Secondary Government Visitor International Visitor (reserved for Department of State use) Physician Professor and Research Scholar Short-term Scholar (maximum duration of participation in this category is six months; no program extensions are permitted) Specialist (maximum duration of participation in this category is one year) Summer work/travel Teacher Trainee (maximum duration of participation in this category is 18 months, except for agriculture programs (limited to 12 months) and hospitality training programs (limited to a

maximum duration of 12 months, with any hospitality training program longer than six months required to have at least three departmental rotations). H-1B: The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. In addition, the employee must have the degree or the equivalence of such a degree through education and experience. Before the H-1B petition can be filed with USCIS the employer must fill a "Labor Condition Application" (LCA) with the Department of Labor demonstrating that it is paying the required wage for this position in the geographic region where the job is located. The required wage for the position is the higher of the "actual wage" that is paid to other employees in this position or the "prevailing wage" which can be determined using nearly any source, including the employer's own wage survey. When the employer submits the LCA, the law specifically limits the approval process so that LCAs may only be rejected if they be "incomplete or obviously inaccurate" (8 U.S.C. 1182 (n)). An employer may claim anything is the prevailing wage and the LCA is certain to be approved. In cases where the prevailing wage source is not valid (e.g. a national survey rather than a local one or a survey of entry level wages rather than one for the occupation and location) or where the prevailing wage is misstated (e.g. fabricated or using the 25th percentile wage) the LCA routinely will be approved.[citation needed] Contrary to popular myth, there is no requirement whatsoever those employers must prove they could not find U.S. workers before hiring H-1B workers. In the case of "H-1B-dependent employers" (usually those with more than 15% of their workers on H-1B visas), the law requires these employers to recruit U.S. workers in "good faith" (8 U.S.C. 1182(n) (1)(G)). However, there is no effective enforcement mechanism in place.[citation needed] As a general rule, a person who is in one non-immigrant status may not change status or change employers in that status until he or she applies with USCIS for such a change, and such change is granted. However, a provision called "H-1B portability" permits certain individuals already in the United States in H-1B status to commence employment for a new employer once a new employer's H-1B petition is filed with USCIS. In order to obtain an H-1B visa, the employer must show that it will pay the higher of the prevailing local wage or the wage it pays other U.S. citizens who have similar education and experience. L-1 Intra-company Transferee: The L-1 classification is for international transferees who have worked for a related organization abroad for at least one year in the past three years that will be coming to the United States to work in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B). To qualify as an international executive, the employee must meet the following requirements: Direct the management of the organization or a major component or function; Establish the goals and policies of the organization, component, or function; Exercise wide latitude in discretionary decision-making; and Receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization. To qualify as an international manager, the employee must meet the following requirements:

Manage the organization or department, subdivision, function or component of the organization; Supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization; The authority to hire and fire, or recommend hire/fire and other personnel actions (such as promotion and leave authorization), or if no employees are directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. To qualify as a specialized knowledge transferee, the employee must meet the following requirements: Possess knowledge of the company product and its application in international markets; or An advanced level of knowledge of processes and procedures of the company. An employee has specialized knowledge if the knowledge is different from that generally found in the particular industry. Possible characteristics of an employee who possesses specialized knowledge include knowledge that is valuable to the employer's competitiveness in the market place; knowledge of foreign operating conditions as a result of special knowledge not generally found in the industry; has worked abroad in a capacity involving significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position; possesses knowledge which normally can be gained only through prior experience with that employer; or possesses knowledge of a product or process which cannot be easily transferred or taught to another individual. A lengthy discussion by the Administrative Appeals Office about L-1B requirements can be found in a decision from August 2007 known only by its file number, LIN 06 003 52015.[8]

TN Visa (TN-1) for Canadians/Mexicans to work in the United States: Since the effective date of January 1, 1994, (NAFTA) facilitates travel to and employment in the United States (U.S.) of certain Canadian and Mexican workers. NAFTA created TN classification for eligible Canadian and Mexican professional workers and affected terms of Canadians' admissions to the U.S. under other classifications. A TN position must require services of a NAFTA professional whose profession is noted in Appendix 1603.D.1, The TN employee must possess the credentials required as well as proof of qualifying citizenship. TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer (includes foreign employers), up to a maximum of three years, and can be extended indefinitely as long as the temporary purpose of the employment continues. There is no annual cap on TN work permits (unlike the H-1B visa).

TEMPORARY VISAS:
B-1/B-2 Tourist/Visitor Visas: Available to all visitors coming to the U.S for business or pleasure: B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the US for up to 90 days without obtaining a visa.

E-1/E-2 Treaty and Investor Visas: Investors and traders and their employees may receive visas to carry on their businesses in the US if their home country has a commercial treaty with the US conferring visa eligibility. F-1 and M-1 Student Visas: Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study. H-1B Specialty Occupation (Professionals) Visas: Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position. J-1 and Q-1 Exchange Visitor Visas: Persons coming to the US in an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counsellors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the US before being permitted to switch to a different non-immigrant visa or to permanent residency. We regularly handle the

application process for seeking a waiver to the home residency requirement that applies to many J-1 visa holders. K-1 Fianc (e) Visas: A Fianc (e) of a US citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days. L-1 Intercompany Transfer Visas: L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer's U.S. affiliate. Executives and managers holding L-1 visas may be eligible for permanent residency without the need to a Labor certification. O-1 Extraordinary Ability Worker Visas: The O-1 category is set aside for foreign nationals with extraordinary ability. This includes entertainers, athletes, scientists, and businesspersons. P-1 Artists and Athletes Visas: This category covers athletes, artists and entertainers. R-1 Religious Worker Visas: Religious workers may be eligible for an R-1 visa. TC and TN NAFTA and US-Canada Free Trade Agreement Visas: A special visa category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement and the U.S.-Canada Free Trade Agreement

LIST OF IMPORTANT VISAS:

Visa B1

Designation Business Visitor Speciality Occupation Worker Intra Company Transferee

Uses

Max. Stay

For business people making sales, conducting 6 months negotiations, attending meetings and seeking investments. For individuals having the equivalent of a US 6 Years bachelor degree (Foreign degrees and/or work experience may be found to be equivalent to a US bachelor degree). For executives or managers who have worked 7 Years for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the US company that will employ them. For specialized knowledge employees who 5 Years have worked for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the proposed US employer. For staff to direct and develop import / Indefinite (2 -

H1B

L1A

L1B

IntraCompany Transferee

E1

Treaty

Trader E2 Treaty Investor

export trade between the US and the treaty year country. increments) For staff to direct and develop investments Indefinite (2 made in the US by a treaty country year national/company increments) For international managers and executives. Permanent Also for aliens with extraordinary ability and outstanding Professors/Researchers. Professionals with advanced degrees or those Permanent with exceptional ability in the sciences, arts or business. Professionals with basic degrees, and skilled Permanent workers. Also "other workers" who have less than two years of relevant experience. For Canadian professionals and managers. Indefinite (1 year increments)

Permanent First residence Preference Priority Worker Permanent Second residence Preference Priority Worker Permanent Third Residence Preference Worker 'TN1' Canadian Professional

EAD:
An employment authorization document (EAD), EAD card, known popularly as a "work permit", is a document issued by United States Citizenship and Immigration Services (USCIS) that provides its holder a legal right to work in the US. It is similar to, but should not be confused with the green card Sample Image for an EAD:

Certain 'aliens' (non-residents) who are temporarily in the United States may file a Form I-765, application for employment authorization, to request an EAD. An EAD is issued for a specific period

of time based on alien's immigration situation. Foreign nationals with an EAD can lawfully work in the United States for any employer There are more than 40 types of immigration status that make their holders eligible to apply for an EAD. Some are nationality-based and apply to a very small number of people. Others are much broader, such as those covering the spouses of E-1, E-2, E-3 or L-1 visa holders Applicants would file Form I-765 (application for employment authorization) by mail with the USCIS Regional Service Center that serves the area where they live. They may also be eligible to file Form I765 electronically The most important types of EAD which we come across regularly are: OPT EAD Any student who has completed 1 years in US on a full time course can apply for this EAD Green Card EAD - A person is eligible for a GC EAD after his/her I-485 has been filed.

OPT EAD: OPT is defined in the regulations as "temporary employment for practical training directly related to the student's major area of study". A person needs to apply for OPT through the International Student Program Office. A person who has been in F-1 status for at least one full academic year is eligible for OPT