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| Overview and Types of Visas (Classifications) |
The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. If you want to work in the U.S. temporarily, under immigration law, you need a specific visa based on the purpose of your travel and type of work you will be doing. To learn more, please see Temporary Workers and Employers-Hiring a Foreign National for Short-Term Employment and Employer Information on the USCIS website.
There are annual numerical limits on some classifications, which are shown in parentheses. See Employer Information on the USCIS website for information about the numerical limit CAP count, e-Verify, employment authorization, and more.
H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);
H-2A classification applies to temporary or seasonal agricultural workers;
H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);
H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children (50);
L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;
O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;
O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;
P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized (25,000);
P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;
P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1);
Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country. |
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| Petitions |
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| In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). For more detailed information regarding filing the Form I-129, as well as requirements, please refer to the USCIS Temporary Workers webpage. Important Note: It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing. Should you need petition processing faster, see Premium Processing Service on USCIS website. The petition, Form I-129 must be approved by USCIS before the prospective employee can apply for a visa at a U.S.Embassy or Consulate abroad. When the petition is approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. However, the I-797 is no longer needed for the visa applicant's interview, since petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). In order to verify the petition approval, we will need your approved I-129 petition receipt number so please make sure to have this available. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act. |
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| PIMS Processing Update |
| Important information for prospective employers and visa applicants, when extension of stay, change of status or petition amendment has been requested. The USCIS and the State Department have agreed to a process that will facilitate the entry of nonimmigrant petition-based employment visa petitions (H, L, O, P, Q) into the State Department’s Petition Information Management Service (PIMS) system, where an extension of stay, change of status, or petition amendment is requested. Upon approval of a petition where a change, extension, or amendment is requested and the petitioner provides duplicate original petitions to the USCIS with original signatures on all forms as would otherwise be done for consular notification, the USCIS will send the duplicate copy to the State Department’s Kentucky Consular Center (KCC) for scanning and entry into the PIMS database. Persons are encouraged to identify the duplicate petition with a brightly-colored cover sheet and to mark on it “Please send this copy to KCC upon approval.” Therefore, if there is any chance that the beneficiary will need to obtain a visa at a US embassy or consulate after a change, extension, or petition amendment, it is advisable to file a duplicate petition set with original signatures on the forms. |
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| Visa Ineligibility / Waiver |
| The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved. |
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| Applying for a Visa |
| Applicants for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. To make an appointment for interview you will need to provide the receipt number that is printed on the approved Form I-129 petition. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. |
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| Required Documentation |
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| An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156. |
| A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Four countries are now designated as state sponsors of terrorism, including Cuba, Syria, Sudan, and Iran. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form DS-157. |
| A passport valid for travel to the United States with a validity date of at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must make an application. |
| As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, an ink-free, digital fingerprint scan will be quickly taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply. |
| One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements . |
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Travel Insurance |
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Did you know? Many medical insurance plans aren't accepted |
| when you travel internationally. Many foreign hospitals require patients to demonstrate ability to pay before treatment is started. |
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| Contact Us |
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45 West 34 Street Suite 206
New York, NY 10001
Phone (212) 868-0299
Fax (212) 967 - 7427 |
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| Email Id: info@rushPV.com |
| Toll Free No. 877 - 257 - 0978 |
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