The United States of America is one of the most popular countries in the world as an Immigration Destination. The United States has over 60 types of non-immigrant visas. The US Citizenship & Immigration Services (USCIS), the concerned body provides guidelines and facilitates the processing of immigration. The US Visa Processes, Immigrant and Nonimmigrant are elaborate, and an applicant is advised to get expert help.
The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years. Companies operating in the US can apply to the relevant USCIS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years. There are two types of employees who may be sponsored for USA L1 visas:
The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel is issued an L1A Visa, initially for three years extendible in two-year increments to a maximum of seven years.
This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B Visa, initially for three years extendible to a maximum of five years. On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
The L-2 is a non-Immigrant Visa, and is only valid for the approved duration of the L-1 visa. The spouse and unmarried children below the age of 21 years of an L-1 visa holder need an L-2 visa approval to enter in the United States as dependents.
The US H1B Visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. Under the visa a US company can employ a foreign worker for up to six years.
US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.
H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H4 Visa category as dependents.
An Employment based First Preference Immigration petition (EB-1) is an immigration petition for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. There are three (3) types of EB-1 petitions:
Person of Extraordinary Ability (EB-1A Visa)
Outstanding Researcher/Outstanding Professor (EB-1B Visa)
Managers and Executive Transferees (EB-1C Visa)
An Alien of Extraordinary Ability, or EB-1A, classification applies to aliens who can demonstrate that they have exceptional or extraordinary ability Any individual living in the U.S. or abroad may apply if he/she meets the following requirements:
Individual has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.
Individual's achievements have been recognized in the field through extensive documentation.
An "Outstanding Researcher or Professor" EB-1B immigrant visa is for individuals who are internationally recognized as outstanding in a particular scientific or scholarly field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. This means the petitioning employer must demonstrate that the person has outstanding ability as a researcher or professor and has a permanent job offer from the employer.
The EB-1C immigrant category is among the other various visas in the First Preference category. A First Preference Immigration Petition (EB-1) is an employment-based petition for Permanent Residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. Immigrant Visa numbers are immediately available under the EB-1 category.
EB-2(A): This category is for foreign nationals professionals with an 'advanced degrees' (masters degree or higher) and with a job offer from a U.S. company
EB-2(B): This category is for foreign nationals with 'exceptional ability' in the sciences, business or arts and with a job offer from a U.S. company
EB-2(C): This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.
EB-3(A): This category is for 'professional workers' with a U.S. bachelor's or foreign equivalent degree and with a job offer from a U.S. company
EB-3(B): This category is for 'skilled workers' for positions that require at least two years of training or experience and with a job offer from a U.S. company
EB-3(C): This category is for 'unskilled workers' for positions that require less than two years training or experience and with a job offer from a U.S. company
The USA EB -5 Program is an employment-based program for those who wish to attain the US Green card and establish a business enterprise in the US. The preferred category-the EB-5 visa -is for foreign entrepreneurs who invest at least $1,000,000 USD (or $500,000 under certain circumstances) in a new commercial enterprise which will create at least 10 new jobs for US workers within the first two years. Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. The total time from application for the approval can take as little as six months. Groups of investors under the program :
Those who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing unemployment of at least 150% of the national average rate) and
Those who invest $1,000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.
Permanent residents who have continuously lived in the USA for at least five years (or three years if a spouse of a US citizen) may obtain US citizenship through a process called naturalization. Naturalization applicants must also demonstrate a basic understanding of English and US government and history (under most circumstances). The USA recognizes dual citizenship and the act of naturalizing will not revoke prior citizenship unless expressly prohibited by the laws of the prior country.
Applying to permanently live and work in the US can be quite daunting for the uninitiated. In some cases it requires up to three different applications with three different government agencies stretched out over several years. However, the experts at AKKAM can help you successfully negotiate this intricate and often byzantine process to get your working visa USA.
"Immediate Relatives" refers to the parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents.
Other close family members of a U.S. citizen can qualify to immigrate to the United States, but unlike the immediate relatives of a U.S. citizen, they are subject to a numerical limit of immigrant visas available to them each year. Close family members are divided into several groups called "Preferences". The higher the Preference, the quicker the person will be eligible to receive a green card.
USA Tourist / Visitor Visa allows you to visit USA for a holiday or visit family/friends. Visas are granted for up to 10 years depending on applicants intent, profile & documentation. Visitors are not allowed to work on this visa.
The B1 visa to USA is temporary visa which can be granted up to a period of 10 years depending on applicants intent, profile & documentation.