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Immigration to America
How to live and work in the U.S.
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There are two ways to achieve the ability to live and work in the U.S. and that
is by receiving a Visa or a Green Card. This article will cover all
sections of those avenues.
Please note that all application processes for
either a Visa or a Green Card will require that you submit your
qualifications for the work you are seeking. We recommend a
resume format for that part of the application process. If you are in need
of a
U.S.
resume format please go here www.preferredjobs.com/ResumePro.
We will begin first by covering the types of
visas that are available. The various types of temporary visas are:
1.
WORK VISAS, H-1B. H-1B visas are temporary work visas which
entitle the holder to work in the
U.S.A. for a
particular employer, in a particular job, for a period of up to six years.
How does one apply?
H-1B status
requires a sponsoring U.S. employer. The employer must file a labor
condition application (LCA) with the Department of Labor attesting to
several items, including payment of prevailing wages for the position, and
the working conditions offered. The employer must then file the certified
LCA with a Form I-129 petition plus accompanying fee of $130. (Prior to
FY2004, employers were required to submit an additional $1,000 fee to
sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS
petition approval, the alien may apply for the H-1B visa, admission, or a
change of nonimmigrant status. For additional information on employer’s
filing needs, please visit the Department of Labor’s
Foreign Labor
Certification page.
2.
VISITOR VISAS, B-1 and B-2.
Foreign nationals who wish to visit the U.S. must first obtain a
nonimmigrant temporary visa from the U.S. Citizenship and Immigration
Services. The most common are: Temporary visa for business purposes (B-1)
or Temporary visa for pleasure or medical treatment (B-2).
Extension of Stay
Travelers on B-1 and B-2
visas are usually allowed to stay in the United States for a period of up to
six months, with the possibility of extension for up to six additional
months upon approval of the extension application by the USCIS. Anyone may
file for an extension; however there are no guarantees that the application
will be approved. The USCIS looks at factors that show your intention of
departing the U.S. at the end of the proposed extension period. The
applicant must submit the extension of stay application before the current
authorized stay expires. The applicant is also required to provide proper
evidence of financial support. For additional information on obtaining a
nonimmigrant temporary visa visit USCIS website at
http://uscis.gov/graphics/.
3.
INVESTOR VISAS, E-1 and E-2.
The “E” visa is based on treaties between the
U.S.
and certain foreign countries that are intended to encourage trade and
investment. E-1 “treaty investors” visas are provided for employees of
companies engaged in trade with the U.S. E-2 “treaty investors” visas are
available for employees of companies engaged in business in the U.S. which
represents a substantial investment in the U.S. NOTE: “E” visas are only
made available for citizens of certain countries, such as
Japan, which have entered into the requisite
treaty with the
U.S.
The initial “E” visa is provided for a term of only one year. However, the
visa can usually be extended indefinitely. For more information on
immigration through investment visit
http://uscis.gov/graphics/services/residency/investment.htm.
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