U.S. Visas – uscitizenship https://www.uscitizenship.info/articles Just another WordPress site Wed, 08 Nov 2017 13:41:26 +0000 en-US hourly 1 https://wordpress.org/?v=4.8 How to Complete Form I-134? https://www.uscitizenship.info/articles/how-to-complete-form-i-134/ https://www.uscitizenship.info/articles/how-to-complete-form-i-134/#respond Fri, 04 Oct 2013 11:07:25 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5990 The USCIS Form I-134 is the Affidavit of Support form that must be filed by a person who seeks to sponsor his family member for a visitor visa. This form must be signed by the sponsor to establish that the visitor who he is sponsoring will not become a public charge. The sponsor must file separate affidavits for each visitor he sponsors.

This form can be completed online, or the paper form also can be filed. The following instructions will help you to easily complete the USCIS Form I-134, Affidavit of Support.

This form includes 11 questions and you need to complete all the questions and provide the appropriate information. You must start completing the form by entering your name and address in the United States.

Question 1

You, being the sponsor, must enter your date of birth and the name of the city in which you were born.

Under this first question, there are 5 options and you will have to enter the answer beside the option that applies to you. For example, if you are a naturalized US citizen, you will have to enter the Certificate of Naturalization number, beside the first option. If you are a Green Card holder, you need to provide your Alien Registration Number beside option “d”. If you are a non-immigrant who holds H, L or some other visa, you need to leave out options a to d and you need to enter your Form I-94 number beside option “e”

Question 2

You must enter your age here and the date since when you are residing in the United States. For example, if you have completed 35 years of age, you need to enter “35”.

Question 3

You need to provide information about the person on whose behalf you are filing this form. The name of the beneficiary, his/her age, marital status, country of his/her citizenship and current address must be provided.

Under “Relationship to Sponsor”, you need to enter your relationship with the beneficiary, such as father, mother, sister, mother-in-law, etc, that which is appropriate. Followed by that, the names of the eligible dependents who will be accompanying the beneficiary must be listed.

Questions 4, 5 & 6

You need to carefully read these three questions. These questions describe the responsibility you are taking by sponsoring your relative for a visa and by signing Form I-134.

Question 7

This is where you need to enter the place of your employment. You need to state the type of business and enter the name and address of the concern for which you are working.

Next, information about your assets and income must be provided. This information is to show that you have enough funds to sponsor a temporary visitor.

Question 8

Here, you need to provide information about your dependents. You must list the names of children and adults for whom you are the legal guardian. You need to state the relationship between you and the dependent who you have listed and his/her age. Names of all the family members who are dependent upon you must be listed. If you list the names of your spouse or child and if they are not working, you need to check “Wholly Dependent”. If they work, you must check “Partially Dependent”.

Question 9

In case you have sponsored a family member in the past and if you have signed Form I-134, you need to enter the name of the relative who you have sponsored. This information will help the US Embassy or Consulate to make sure that you are capable of financially sponsoring the non US citizens you have sponsored. If it is not applicable, you may write “none”.

Question 10

This question is meant for the US citizens and permanent residents who have filed Form I-130 to sponsor their family members for US Green Cards. Non-immigrant visa holders for whom this question is not applicable may write “none”, in the space that has been provided.

Question 11

This is the last question and you need to check the box beside “intend”. You then need to provide information about the type of support you will provide the non-immigrant you are sponsoring. For example, if you are inviting your mother-in-law to visit you, you need to write, “I will provide money for her expenses and for food during the visit and I will take care of all the other expenses including lodging and travel”.

After completing the form, you need to affix your signature and enter the date. See to it that you go through the form once after completing it, to make sure that you have provided the right information.

This form must accompany some supporting documents. You will have to submit copies of your tax forms or your IRS tax transcript, a letter from your employer and from the bank. Your employer letter must include your annual salary. To confirm your bank account, you need to provide a letter from the bank. You also need to provide recent bank statements.

You need to remember that if the form that you file is not signed, it will not be processed by the USCIS. Likewise, incomplete forms will not be considered. To avoid the rejection of your form, you need to check your form for accuracy and completeness prior to filing it with the USCIS.

 

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How to Get a Permit to Work in the US? https://www.uscitizenship.info/articles/how-to-get-a-permit-to-work-in-the-us/ https://www.uscitizenship.info/articles/how-to-get-a-permit-to-work-in-the-us/#respond Fri, 13 Sep 2013 09:31:32 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5953 Employment Authorization Document (EAD)

To work in the United States, you need to be legally authorized to work here. You must be a US citizen or a permanent resident to legally work in the country. If not, you need to obtain an Employment Authorization Document (EAD) to work here. This document will help you to establish that you are authorized to accept employment in the United States. An EAD card is the permit that you need to obtain to work in the United States.

Foreign nationals need to be authorized to work in the United States. Likewise, US employers will hire employees only after ensuring that they are authorized to work in the country. A US work permit, an Employment Authorization Document, is issued by the USCIS. This proves that the holder of this card is authorized to work in America. EAD cards issued by the USCIS are renewable and these permits are granted for a one year period. To get an Employment Authorization Document, Form I-765, Application for Employment Authorization must be filed.

Who is Eligible for an Employment Authorization Document?

You can get a work permit if your non-immigrant status authorizes you to work in the United States. You can get this document if your non-immigrant visa authorizes you to work for a specific employer in America. Non-immigrants who belong to a category that requires them to get permits to work in the country also can get EAD cards.

People who have been granted asylum or refugee status in the United States will have to obtain work permits to work in the United States. This applies to the ones whose adjustment of status applications are pending. Individuals applying for temporary protected status need to get EADs. Fiancé(e)s of US citizens also need to obtain work permits to work in the country.

US citizens and Green Card holders need not obtain these documents to work here. Green Cards issued to the permanent residents prove that they can work legally in the country.

How Do I Apply for an EAD Card?

To get an EAD, you need to file Form I-765, Application for Employment Authorization, with few supporting documents and the form filing fee, with the USCIS. You can file Form I-765 to get a US work permit online and you need to check if your category is eligible for online filing, prior to filing. If you file online, you will have to send the supporting documents to the address that is printed on the receipt notice that you receive after filing your form. If you file this form online, you will receive an application receipt notice soon after you submit your application along with the required fee.

In case you are ineligible for online filing, you can file the paper Form I-765. If you file the paper form at a USCIS Lockbox facility, you can file Form G-1145, E-Notification of Application/Petition Acceptance, to receive a notification when the USCIS accepts your form. You can send all the supporting documents along with your application to the right USCIS Lockbox facility.

 

Supporting Documents

  • Copy of Form I-94, Arrival/Departure record.
  • Copies of previous EADs, if any.
  • Copy of your passport with your picture, name, and date of birth.
  • 2 photos. You need not submit paper photographs if you file this form online and you can submit digital photographs.
  • Other supporting documents to establish that you are eligible for an EAD, based on your category.

Filing Fee

The form filing fee for Form I-765 is $380. If you file this form online, you can pay the fee online using your credit or debit card to pay the fee. If you are filing the paper application, you need to pay the filing fee through a check or a money order.

If you are filing this form along with your application for deferred action, you cannot file this form online. You can only file the paper application. In this case, your application must accompany the form filing fee of $380 and an $85 biometric services fee. A total of $465 must be paid, if you are filing Form I-485 along with Form I-821D.

Only the applicants applying for deferred action status must pay the biometrics fee along with the form filing fee. Applicants who belong to other employment categories need not pay the biometrics fee.

After filing Form I-765

A receipt notice, with a unique receipt number, will be mailed to you after the USCIS receives your petition. This number is your case number. This receipt will also include information about the Form I-765 processing time and the USCIS takes around 3 months to process these applications. You can use the case number that is printed on your receipt notice to check your case status.

After the approval of your petition, you will be issued a plastic EAD card. This card will either be sent to you by mail or you will be required to collect it from the local USCIS office. The date of expiration of the card will be printed on the card.

If your application is rejected for some reason, you will be sent a written notice with reasons for denial.

Concurrent Filing

Form I-765 can concurrently be filed online with Form I-131. But this applies only to the adjustment of status applicants, who must file the form with the required form filing fee.

Applicants filing Form I-821, Application for Temporary Protected Status, online can file applications for work permits, along with Form I-821. Applicants applying for TPS re-registration alone can file these two forms together.

Who can file Form I-765 Online?

  • Asylees
  • Refugees
  • Paroled refugees
  • Asylum applicants
  • Citizens of Micronesia/Marshall Islands or Palau
  • People applying for Temporary Protected Status (TPS) or for TPS Re-registration.
  • Dependents of TECRO E-1 Nonimmigrant (CCNAA Member)
  • Foreign Students applying for Pre-Completion or Post-Completion OPT 12 Months or for 17-Month STEM Extension
  • F-1 Student who have been offered or who are seeking off-campus employment
  • J-2 Spouses or Minor Children of Exchange Visitors
  • M-1 Students Seeking Practical Training
  • B-1 Domestic Employees of non-immigrants
  • B-1 Domestic employees of certain US citizens
  • Spouse of E-1 or E-2 and L1 Non-immigrants
  • K-1 or K2 visa holders
  • Aliens Admitted (N-8 or N-9)
  • People granted withholding of deportation/243 (H)
  • Applicant for suspension of deportation
  • Public interest parolees

Who must file the paper Form I-765?

  • People applying for fee waivers must file the paper form.
  • People applying for deferred action status.
  • Applicants filing to correct data on their EAD cards due to USCIS administrative errors.
  • Applicants who are eligible for NACARA relief
  • Dependents of A-1 or A-2 Foreign Government Officials
  • Dependents of G-1, G-3 or G-4 Non-immigrants
  • NATO Dependents
  • Spouses of E-2 CNMI investors
  • K-3 non-immigrant spouses of US citizens or K-4 dependents
  • V-1, 2 or 3 Non-immigrants
  • Applicants Who Have Filed for Adjustment of Status and who are not required to pay the Form I-765 filing fee
  • T-1 non-immigrants
  • U-1 Non-immigrants
  • U-2, U-3, U-4, or U-5 non-immigrants
  • VAWA self petitioners
  • Deferred action applicants

 

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What is a Travel Document? https://www.uscitizenship.info/articles/what-is-a-travel-document/ https://www.uscitizenship.info/articles/what-is-a-travel-document/#respond Mon, 15 Jul 2013 12:42:39 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5751 Travel DocumentTravel documents are identification documents issued by the American government. These documents will help the individuals in America to travel abroad and to return to the United States. A passport is the most common travel document. But US passports are meant only for citizens of the United States.

United States does not prevent permanent residents and refugees from traveling abroad and so it issues them travel documents that permit them to get back to the United States after international travel. Hence, immigrants in America can obtain travel documents and travel abroad and get back to the United States. To get those documents, they need to file Form I-131, Application for Travel Document. There are three types of travel documents:

  • Advance Parole
  • Refugee Travel Document
  • Re-Entry Permit

Advance Parole

Advance parole documents are meant for immigrants who have filed Form I-485 for adjustment of status with the USCIS. Immigrants whose adjustment of status petitions are pending, will be permitted to travel abroad in certain circumstances. To travel abroad these immigrants must obtain advance parole documents. These documents will permit them to re-enter the United States.

These immigrants, to re-enter the United States need not obtain visas but they cannot apply for these travel documents while abroad. They can only file Form I-131, Application for Travel Document, while in America. Their petitions must be approved by the USCIS and they need to obtain these documents prior to leaving the country. If they fail to obtain these documents prior to leaving America, they may not be able to re-enter the country.

This advance parole document will authorize the temporary parole of an immigrant into the United States. Airlines will accept these documents instead of visas. But we need to remember that these documents do not replace passports.

If you are a foreign national and if you need to travel abroad while Form I-485 for adjustment of status is pending, you can apply for an advance parole document by filing Form I-131. If you travel abroad with this document, your petition for adjustment of status will not be denied by the USCIS. But remember that your Form I-485 will be denied if you leave the country without an advance parole document.

Advance Parole for Asylees

Similar to the immigrants, asylees are also permitted to travel abroad while Form I-589, Application for Asylum and for Withholding of Removal, filed by them are pending. Asylees who have not received a final decision from the USCIS can travel abroad with advance parole documents. If you are an asylee and if you seek to travel abroad temporarily and re-enter America, you will have to file Form I-131 and get an advance parole document. If not, your Form I-589 will be rejected.

Re-Entry Permit

Re-entry permits are for permanent residents and conditional residents who seek to travel abroad for a year or more. Though the permanent residents can travel abroad, there are few limitations; they cannot travel abroad for more than a year with their Green Cards. They may not be permitted to re-enter the country if they stay in foreign countries for an extended period of time.

Hence, permanent residents who seek to travel abroad for a prolonged period of time, must obtain re-entry permits before leaving the United States. If you hold a US Green Card and if you seek to remain in a foreign country for more than a year but less than two years, you can do so by obtaining a re-entry permit.

This permit will help you to avoid the risk of not being permitted to re-enter the United States. You can use this permit like a passport, if you are unable to get a passport from your home country.

It must be remembered that refugee travel documents and re-entry permits are both different. Refugee travel documents are meant for foreign nationals who have been granted refugee status or asylum in America.

Re-entry permits are generally valid for two years and the permanent residents and conditional residents must return to America prior to the expiration of these permits. If they fail to get back to the country within two years, they will have to obtain returning resident visas from overseas consulates to travel to America.

Refugee Travel Document

Refugee travel documents are issued to people who have been granted asylum or refugee status in America. These documents are also issued to permanent residents who were once refugees or asylees. Refugees and asylees can travel abroad and they need to hold refugee travel documents to re-enter the United States. This also applies to the derivative refugees and asylees. Asylees and refugees who fail to obtain these documents prior to leaving the country, may not be able to return to America and may be placed in removal proceedings.

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How Do I Apply for US Visa? https://www.uscitizenship.info/articles/how-do-i-apply-for-us-visa/ https://www.uscitizenship.info/articles/how-do-i-apply-for-us-visa/#respond Fri, 14 Jun 2013 09:14:31 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5356 How Do I Apply for US Visa?If you seek to travel to the United States, you need to obtain a US visa and there are two types of US visas. Immigrant visas are for people who seek to settle in America and non-immigrant visas are for people who seek to temporarily visit the country. Some foreign nationals can travel to the United States without visas and hence, you need to confirm prior to applying for a visa, whether or not you need a visa to travel to the United States.

There are several types of non-immigrant visas and you need to determine the type of visa you need. If you seek to visit the country for business or for pleasure, you can go for a B-1 visa or for a B-2 visa. Similarly, you need to obtain F or M visas if you seek to study in America. You need to read the instructions and requirements prior to filing your application for a US visa as the requirements for all the visas may not be the same. You need to apply for the type of visa that best suits your need as you can only visit the country and you cannot work if you travel to America on a B-2 visa. Likewise, you can take part in the Visa Waiver Program, if your country of citizenship participates in this program. People who are from visa waiver program countries need not obtain visas to visit America. Nevertheless, they can travel to America for business or for pleasure only for 90 days, without visas, under this program.

After you determine the type of visa you want, you need to file form DS-160, Online Non-immigrant Visa Application. You need to carefully complete this form as you cannot make changes after filing the form. A digital photograph will be required and see to that you have a digital photograph handy at the time of applying for a visa. This photograph must meet few requirements. You will receive a 10 digit barcode after you successfully file your application. You need to print that page as this page will help you to schedule your visa interview appointment. Moreover, you need to remember that you will have to schedule a visa interview appointment and the US Embassy or Consulate will not schedule an appointment for you. You will have to pay the non-refundable visa application fees and you can make the fee payment online. See to that you schedule a visa interview appointment within one year from the date of paying the fee as this fee is good only for one year.

You also need to schedule a fingerprinting appointment and you may schedule this appointment one or two days prior to your visa interview. You need to submit biometrics information and you must visit the Embassy or Consulate where you scheduled an interview on the scheduled date. See to that you do not miss your appointment and take with you to the interview all the required supporting documents, without fail. After the interview, if your application is approved, a visa will be issued to you and your passport along with the visa will be mailed to you or you can collect it from one of the document pick-up locations, in your home country.

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How to Apply for EAD Card? https://www.uscitizenship.info/articles/how-to-apply-for-ead-card/ https://www.uscitizenship.info/articles/how-to-apply-for-ead-card/#respond Thu, 30 May 2013 09:15:56 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5031 Apply for EAD CardEAD cards are nothing but Employment Authorization Documents, that grant immigrants permission to work in the United States. Green Card holders and US citizens can work in the United States as their legal status in the country authorizes them to work. Likewise, there are some categories of non-immigrants whose non-immigrant visas authorize them to work in America. But few other non-immigrants who are not authorized to work in America must obtain permission to work in the country. Such non-immigrants, to work in America must obtain Employment Authorization Documents also known as EAD cards and work permits. Work permits must also be obtained by the other non-immigrants who are authorized to work in America without restrictions, to establish that they are authorized to work in the country.

Likewise, it is the responsibility of the US employers to ensure that the workers they recruit are authorized to work in the United States. That is because, everyone who enters the United States cannot work in the country and certain categories of non-immigrants cannot work in America. Hence, you need to file Form I-765, Application for Employment Authorization, if you seek to work in the United States and if you are not a US citizen or a Green Card holder. If your current non-immigrant status in America authorizes you to work temporarily in the United States and if you hold a non-immigrant visa that requires you to apply for and acquire a work permit to legally work in America, you will have to file Form I-765 and get an EAD card prior to seeking work in America. This document will help you to establish that you are authorized to work in America for a certain period of time or until your non-immigrant status is valid. USCIS generally issues EAD cards valid for a year.

Applying for an EAD Card

To apply for an EAD card, you will have to file the USCIS Form I-765 and make sure that you use the current edition of the form dated 08/15/2012. That is because USCIS frequently updates forms and it will not accept older versions of the forms. This petition can be filed online, but you need to remember that not all categories of applicants are eligible to file Form I-765 online. Prior to filing the form, you will have to go through the form instructions and ensure that you are eligible to file an application for a work permit, online. Similar to the other USCIS forms, your application for an Employment Authorization Document also must accompany some supporting documents and the exact form filing fee.

You must file Form I-765 with the form filing fee of $380 and you will be required to pay $85, biometrics services fee along with the form filing fee, if you are applying for deferred action status. If not, you need not pay the biometrics services fee. If you do not belong to a category that is eligible to file this form online, you need to apply for a work permit using the paper Form I-765. In this case, you will have to file your application at a USCIS Lockbox facility. You may file Form G-1145, E-Notification of Application/Petition Acceptance, along with Form I-765, if you wish to know whether your application has been accepted by the USCIS or not as the USCIS will send you a text message or an email as soon as the agency accepts your application.

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How do I Get a Working Visa? https://www.uscitizenship.info/articles/how-do-i-get-a-working-visa/ https://www.uscitizenship.info/articles/how-do-i-get-a-working-visa/#respond Wed, 27 Mar 2013 09:31:23 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=3777 How do I Get a Working Visa?Being a foreign national, to get into the United States, you must obtain a visa and you need to get a visa, based on the purpose of your travel. If you wish to visit someone in the United States, you may go for tourist visas and student visas to study in the country. Likewise, if you seek to work in America, you need to obtain permission to work there and you will have to obtain a work visa. You can also work in the country with an employment based Green Card or an employment authorization document. United States permits foreign nationals to work in America, provided that they hold valid work visas and some of these work visas require employer sponsorship. If you manage to get a temporary job in the United States, you may apply for a temporary work visa and if you get a permanent job in America, you may apply for an immigrant visa and for a Green Card. If you are a student or an exchange visitor, you may be permitted to accept employment in the country, in certain circumstances.

There are few different types of work visas and your prospective employer must obtain a labor certification prior to filing Form I-129, Petition for a Non-immigrant Worker, for you. Form I-129, must be filed by the sponsoring employer and that petition must be approved by the USCIS, before you file a petition for a non-immigrant worker visa.

Online Non-immigrant Visa Application

The visa application process involves several steps and you should file an application for a non-immigrant worker visa after the approval of Form I-129, filed by the employer. You must complete and file Form DS-160, Online Non-immigrant Visa Application and print the confirmation page that appears after you file your petition. You must also upload a digital photograph and that photo must meet the specifications.

Schedule an Interview

Followed by that, you will have to schedule your visa interview as the consulates and embassies do not schedule interviews and you may schedule an interview at a US Embassy or Consulate, in your home country. Interview wait times vary and it may depend on the visa category and on the location. Remember that, while scheduling an interview, you will be required to enter the receipt number that is printed on Form I-797, Notice of Action or on the approved Form I-129, Petition for a Non-immigrant Worker.

Pay the Required Fee

You will have to pay the visa application fee and the visa reciprocity fee and in certain cases you will have to pay the visa application fee before the interview and the visa reciprocity fee after the interview. If you are applying for a L visa, you will also be required to pay the Fraud Prevention and Detection fee and the Border Security Act fee.

Visa Interview

While going for the interview, you will have to take with you, your passport, visa application confirmation page and the fee payment receipt. L visa applicants will have to take with them, the L blanket petition and Form I-129S, Non-immigrant Petition Based on Blanket L Petition, to the interview. The visa interview will help the consular officer to determine whether you are eligible for a temporary worker visa. If your application does not require administrative processing, a visa will be issued to you and you will be required to collect your passport from the consular office or it will be sent you by courier. If administrative processing is required, you will be informed about that and a visa will not be issued to you, immediately.

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Difference Between US Green Cards and Work Visas https://www.uscitizenship.info/articles/difference-between-us-green-cards-and-work-visas/ https://www.uscitizenship.info/articles/difference-between-us-green-cards-and-work-visas/#respond Fri, 15 Mar 2013 10:12:25 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=3438 Many foreign nationals wrongly believe that Green Cards and works visas are both the same but both the documents are different and represent different statuses.

United States Green Cards

US Green Cards are Alien Registration Cards, that were once green in color and these cards will help the foreign nationals who are granted lawful status, to prove their status. Permanent resident status comes with several rights and this status will permit foreign nationals to legally live and work where ever they wish, in the United States. After being granted lawful status, a foreign national can help his/her family members to obtain Green Cards. Similarly, they can become US citizens within five years, if they meet few requirements. Moreover, people who hold Green Cards need not obtain employment authorization documents to work in the country.

The only thing that the Green Card holders must do is to make the United States their permanent home as the country grants lawful status only to the individuals who seek to settle in the country. If they obtain US Green Cards and reside in foreign countries, they will lose their status and their Green Cards will be revoked. Likewise, they must not spend more number of days in foreign countries though they are allowed to travel to foreign countries and they must understand that there are limitations and remember that they can remain abroad only for a certain period of time.

Similarly, these Green Cards come with expiration dates and the permanent residents must keep renewing their cards every ten years and that is something that the permanent residents must not forget to do. However, this does not mean that the permanent resident status is itself valid only for ten years and only their Green Cards must be renewed and replaced every ten years. However, this does not apply to conditional residents who hold two year cards as these cards cannot be renewed and their status will expire if they fail to take necessary steps to convert to lawful permanent resident status.

United States Work Visas

A work visa will only permit a foreign national to work in the country and he may not be able to reside permanently in the country if he gets into America on a work visa. Similarly, to get a work visa, a foreign national must be sponsored by a US employer. As long as the visa is valid, the foreign national who holds the work visa can work in the country and with a work visa the foreign national can work only for a particular employer.

These work visas will be valid only for a certain period and will expire but the permanent resident status granted Green Card holders will not expire. However, there are several types of work visas that would permit foreign nationals to work in the country on a temporary basis and people who seek to work in America temporarily may obtain work visas. But people who wish to permanently work in the country must go for Green Cards. A Green Card will permit the holder to live permanently in America and it is a kind of permanent employment status. You may not be granted legal status, if you get into the country on a work visa but a Green Card means that you are a legal resident of the country.

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H-1B Application https://www.uscitizenship.info/articles/h-1b-application/ https://www.uscitizenship.info/articles/h-1b-application/#respond Tue, 12 Mar 2013 09:09:54 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=3337 H-1B ApplicationH-1B visas are non-immigrant visas, meant for foreign workers with special skills and these visas are valid for six years and the US employers who seek to hire foreign workers with distinguished ability for specialty occupations may file H-1B petitions, for the employees who they wish to hire. According to the US immigration laws, US employers can hire non-immigrants but the non-immigrants cannot work in America if their non-immigrant visas do not permit them to work in the country. Hence, US employers who seek to hire foreign workers must file H-1B visa applications for the employees and these visas are temporary work visas, that will permit the foreign nationals to work in the country for a six year period.

USCIS does not accept H-1B visa applications throughout the year and this year USCIS will start accepting applications from 1st April, 2013. Nevertheless, foreign nationals who seek to work in America must remember that they cannot file H-1B petitions for themselves and the petitions must be filed by the sponsoring US employers. Beneficiaries can work with the H-1B visas for the employers who sponsored them and filed petitions for them and their new employers must file new petitions for them, if they lose their jobs or if they change locations. Similarly, eligible dependents of the H-1B visa holders also may obtain H-4B visas and enter into the United States with them. Hence, if you wish to work in America, a US employer must offer you a job, sponsor you and file a H-1B visa petition for you.

The sponsoring employers must provide all the required information about the jobs and the exact duties of the position, information about the supervisors and the co-workers of the beneficiaries. The US employers must file Form I-129, Petition for a Non-immigrant Worker, with the USCIS along with the Labor Condition Applications (LCA). LCA will contain information about the sponsoring employers or the companies and the companies and the employers must assure that they will offer the H-1B beneficiaries the same benefits that they offer the other workers. The US Department of Labor will return certified copies of the LCA to the sponsoring companies after approving their applications and the employers can file H-1B visa petitions for foreign workers only after the approval of the LCA. H-1B visa petitions must be filed with the required supporting documents, form filing fees, training certificates, employment agreements and Form I-129.

After the approval of the petitions, employers must notify the beneficiaries about the processing times and about the application receipt notices. After the approval of the H-1B petitions, USCIS will mail Form I-797, Notice of Action, to the petitioners and the expiration date of the H-1B visas will be printed on those notices. After that, the H-1B beneficiaries can apply for personal visas and H-4B visas for their eligible dependents. After getting their passports stamped the H-1B beneficiaries along with their H-4 dependents, can enter into the United States.

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EAD for H-4 Visa Holders https://www.uscitizenship.info/articles/ead-for-h-4-visa-holders/ https://www.uscitizenship.info/articles/ead-for-h-4-visa-holders/#respond Fri, 22 Feb 2013 09:51:38 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=2979 United States is always in short of high skilled workers and in order to sustain its competitiveness, the country looks forward to grant visas to high skilled foreign workers. Now the USCIS has planned to grant work permits to the H-4 spouses of H-1B visa holders, because most of the H-4 spouses are graduates who are high skilled. This plan would benefit the country and the spouses of the H-1B visa holders who are currently not permitted to work in the United States. USCIS believes that the country will be able to retain the high skilled foreign workers if the H-4 visa holders are granted employment authorization documents(EAD) and if they are permitted to work in the country. However, spouses of all the H-1B visas holders who hold H-4 visas may not become eligible for work permits and people who meet the key criteria alone will become eligible for work permits.

Family members of H visa holders are granted H-4 non-immigrant visas and the spouse and an unmarried child below age 21 of an H visa holder are eligible for H-4 visas. Currently, such family members who get into the country on H-4 non-immigrant visas are not eligible to work in the United States and they cannot accept employment in the United States. However, a proposal that would allow the dependents of the H-1B visa holders to work in America, has been proposed and if this proposal is approved, H-4 spouses would be permitted to work legally in America. In this case, the H-1B visa holders must have applied for adjustment of status using Form I-485 and must be working in the United States. This proposal would benefit the employers and the employees as the US employers would be able to retain the high skilled workers.

According to this proposal, H-4 spouses would be permitted to apply for employment authorization documents if their H-1B spouses have applied for United States Green Cards and if their adjustment of status applications are pending. This could be a great news to the eligible dependents of H-1B visa holders but they need to remember that they will become eligible for work permits only if their H-1B spouses have been working in the country for around seven years and if they have extended their authorized stay under AC 21 Act.

If the principal H-1B visa holder has spent less than six years in the United States, his spouse who holds a H-4 visa may not be able to apply for an employment authorization document and cannot work in the United States. Spouses of such H-1B visa holders who have been working in the United States for more than a year but not more than six years, will become eligible of employment authorization documents only if their H-1B spouses complete 6 years in H-1B and only after they apply for adjustment of status.

Apart from that, a PERM labor certification or Form I-140, filed on behalf of the principal H-1B visa holders must be approved. Only if the principal H-1B visa holders have applied for H1B extension and if their petitions for extension are approved, their spouses on H-4 visas will become eligible to apply for employment authorization documents. This proposal would benefit the H4 spouses who currently wait for years to apply for US Green Cards. While applying for work permits, the H-4 visa holders might be required to prove that their spouses are still working on H-1B non-immigrant status and not on any other non-immigrant status.

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US Visa Extension – Things You Need to do to Stay Longer in the US https://www.uscitizenship.info/articles/us-visa-extension-things-you-need-to-do-to-stay-longer-in-the-us/ https://www.uscitizenship.info/articles/us-visa-extension-things-you-need-to-do-to-stay-longer-in-the-us/#respond Fri, 28 Dec 2012 09:32:27 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=1907 Foreign nationals who enter into the United States on temporary non-immigrant visas, can stay in the country only for a certain period of time. If they seek to remain in the country for few more days, they will have to apply for US visa extension. Citizens of foreign countries who enter into America for tourism, work or for business, may apply for visa extension and extend their stay.

All the foreign nationals who enter into the United States on non-immigrant visas, must complete Form I-94, Arrival/Departure Record. This form will be stamped by an immigration officer and the date on that stamp is the date on which the foreign national must leave the United States. However, some foreign nationals who enter into America on temporary visas wish to stay in the country for few more days and to do so they must extend their visas. If the reasons are genuine, USCIS will allow the foreign nationals to extend their stay for a certain period of time.

Who is Eligible for US Visa Extension?

Foreign nationals who hold non-immigrant visas are eligible to apply for visa extension. Similarly, their non-immigrant visas must be valid, while they file their applications for visa extension. However, USCIS will not accept the visa extension applications filed by non-immigrants who have criminal records. Individuals who are not required to leave the country to extend their visas, may apply for US visa extension.

How to Apply for Visa Extension?

The visa extension process depends on your category and it is not the same for all the non-immigrants.

Visa Extension process – Employment Based Non-immigrant Categories

If you had entered into the United States with an employment based non-immigrant visa, your US employer must file Form I-129, Petition for Non-immigrant Worker, for you. Few supporting documents must be submitted along with this form and the US employer must file this form before the foreign worker’s Form I-94, departure record, expires.

The following categories of non-immigrants are eligible to apply for visa extension.

  • E-1 Treaty Traders and E-2 Treaty Investors
  • Temporary workers who hold H-1B, H-2A, H-2B or H-3 visas
  • Intracompany Transferees on L1A or L1B visas
  • Non-immigrants with Extraordinary Ability who hold O-1 or O-2 visas
  • Artists and Athletes who hold P-1, P-2 or P-3 visas
  • International Cultural Exchange Visitors who hold Q-1 visas
  • Religious Workers who hold R-1 visas
  • Canadian and Mexican NAFTA workers who are in America on TN-1 or TN-2 visas

US employers may file Form I-129, on behalf of the above mentioned categories of non-immigrants. If the eligible dependents of the primary visa holders also wish to extend their status, they must file Form I-539, Application to Extend/Change Non-immigrant Status and this form must be filed along with Form I-129.

Other Non-immigrant Categories

Foreign nationals who hold other non-immigrant visas must file the USCIS Form I-539, Application to Extend/Change Non-immigrant Status. A-3, B-1, B-2, E (Dependents of Treaty Traders and Investors), G-5, H-4 (Dependents Temporary Workers), K-3, K-4, L-2 (Dependents of Intracompany Transferees), M, N, NATO-7, O-3 (Dependents of Aliens With Extraordinary Ability), P-4 (Dependents of Athletes and Entertainers), R-2 (Dependents of Religious Workers) and V visa holders, must file Form I-539, to extend their visas.

When Should I Apply for US Visa Extension?

If you look forward to extend your stay, you will have to file an application, 45 days ahead of the date of departure printed on your departure record. You must not file your application after the expiration of your authorized stay in America. However, your application will be accepted, if you prove that you were not able to file your application at the right time due to unavoidable circumstances and you must also prove that you have followed the US immigration laws. Non-immigrants who are in removal proceedings are ineligible to file applications for visa extension.

J-1 and F-1 Visa Extension

USCIS will adjudicate the visa extension applications of J-1 visa holders only after the US Department of State, approves their applications. Moreover, only certain categories of J-1 visa holders are allowed to extend their stay. Similarly, F-1 visa holders must contact the designated officials in their institutions to apply for visa extension.

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