TYPES OF US IMMIGRANT VISAS BASED ON EMPLOYMENT
| Type of Visas | Object |
|---|---|
| EB-1 | Group of workers with special abilities |
| EB-1A | Extraordinary Ability |
| EB-1B | Outstanding professors and researchers |
| EB-1C | Multinational manager or executive |
| EB-2 | - EB-2A Visa – Advanced Degree - EB-2B Visa – Exceptional Ability - EB-2C Visa – National Interest Waiver |
| EB-3 | - EB-3(A): Skilled Workers - EB-3(B): Professionals: - EB-3(C): Unskilled Workers (Other Workers) |
| EB-4 | members of certain organizations, or belong to certain group of individuals |
| EB-5 | Foreigner Investors |
| H-1B | foreign workers with specialized skills |
| H-2A | temporary agricultural workers |
| H-2B | foreign workers for temporary non-agricultural work |
| H-3 | Trainee Special Education Exchange Visitor |
| H-4 | Dependents of certain nonimmigrant workers, including H-1B visa holders. |
| L-1 | Internally rotated employees - Managers and executives - Specialized employees |
| L-2 | eligible dependents of foreign workers employed in the United States. |
| O | foreign nationals who possess extraordinary ability in sciences, arts, education, business, or athletics, or those who have been recognised nationally or internationally for their extraordinary achievements in the motion picture or television industries. |
| P1 | foreign citizens who are athletes or entertainers to come to the US temporarily |
| P3 | foreign artists or entertainers coming to be part of a culturally unique program in the US |
| Q | international cultural exchange participants |
| J | exchange visitor |
| R | temporarily foreign nationals in religious organizations |
| Type of Visa | What is it | Who would qualified | Period of stay | Application process | How much is the application fee | Document needed |
|---|---|---|---|---|---|---|
| EB-1 | An employment-based visa that allows foreign nationals to permanently live and work in the U.S. The EB-1 visa is highly regarded and does not require a PERM labor certification from the U.S. Department of Labor. Based on the various achievements that people can have, the US government has divided the EB1 visa into three sub-categories: - EB-1A: Extraordinary Ability: - EB-1B: Outstanding professors and researchers - EB-1C: Multinational manager or executive | To be eligible to an EB-1 visa as an: 1. EB-1A: Extraordinary Ability - You must demonstrate that you possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim - No labor certification requirement - You must meet at least 3 of the 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise + Evidence of receiving recognized prizes or awards for excellence + Evidence of membership in achievement-demanding field associations + Evidence of published material about you in professional or major media + Evidence of judging the work of others, individually or on a panel + Evidence of significant original contributions in scientific, scholarly, artistic, athletic, or business-related fields + Evidence of authoring scholarly articles in professional or major trade publications + Evidence of your work being displayed at artistic exhibitions or showcases + Evidence of performing a leading or critical role in distinguished organizations + Evidence of commanding a high salary or significant remuneration compared to peers in the field + Evidence of commercial successes in the performing arts 2. EB-1B: Outstanding professors and researchers - You must demonstrate international recognition for your outstanding achievements in a particular academic field. - You must have at least 3 years experience in teaching or research in that academic area. - You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. - No labor certification requirement - You must meet at least 2 of the 6 criteria listed below and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers + Proof of major prizes or awards for outstanding achievement + Membership in achievement-demanding associations + Published material in professional publications about the noncitizen's work + Participation as a judge in the same or allied academic field + Original scientific or scholarly research contributions + Authorship of scholarly books or articles in internationally circulated journals. 3.EB-1C: Multinational manager or executive - You must have been employed outside the US for at least one year in the past three years preceding the visa petition. - If you are already working in the US on a nonimmigrant status, you must also have worked for a minimum of 1 year abroad before working in the US. - Your US-based employer must have been doing business for at least one year. They must also have a qualifying relationship with the company where you worked abroad. They must provide evidence that you will be occupying a managerial or executive position - No labor certification requirement | Indefinitely | - Extraordinary Ability: You may apply for yourself by filing a Form I-140 - Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. - Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator For applicants filing from within the U.S.: 1.Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer) - Immigrant Fee: $220 2.Form I-485 (the adjustment of status application): - Filing Fee: $1540 3.Biometrics: - Fee: $85 (required for applicants aged 14 to 79) For applicants applying from outside the U.S.: 1.Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer sponsoring you) 2.Form DS-260 (green card application): - Filing Fee: $345 3.Form I-864 (“Affidavit of Support”): - Filing Fee: $120 4.Biometrics Fee: - Fee: $85 (required for applicants aged 14 to 79) | - Your passport which must be valid for more than 6 months after your intended departure to the US - Your employment offer from the US employer - The approved labor certification - The approved petition - Your DS-260 confirmation page - Your signed medical and vaccine documents - Two photographs meeting the Requirements for a US visa photo - Proof that you meet the criteria for the category you are applying - Letters from previous employers - Court and criminal records |
| EB-2 | - An employment-based visa available to non-U.S. citizens who possess an advanced degree or exceptional ability. An EB-2 visa holder is considered a lawful permanent resident of the United States. | To be eligible, you must fall into three types of group: - EB-2A Visa – Advanced Degree (master’s degree or higher) or a bachelor’s degree with at least five years of relevant work experience - EB-2B Visa – Exceptional Ability in the sciences, arts, or business - EB-2C Visa – National Interest Waiver | 4 steps: 1. Securing a PERM Certification Prior to filing a petition with USCIS, the U.S. employer must first prepare and submit a PERM application with the Department of Labor (DOL). This process can take about a year to complete (6 months for pre-filing steps and approximately 158 days to process). Before the employer can submit Form 9089, they will need to complete several pre-filing steps. They must: + Fulfill the basic requirements For instance, they must ensure that the wage offered is greater than or equal to the “prevailing wage” of the given field. + Complete pre-filing recruitment steps These include printing 2 ads in 2 Sunday editions of a local newspaper and placing a job order with the State Workforce Agency (SWA). + Give advance notice to employees Following these pre-filing steps, the employer may then fill out and submit the application for the permanent labor certification. 2. Filing Form I-140 Within 180 days of receiving the certification, the employer will need to file Form I-140 with USCIS. When reviewing Form I-140, the USCIS officer will want to determine that: - The prospective position is the same as that listed on the initial PERM certification - The non-U.S. citizen applicant is qualified for the job in question The petitioning employer will need to gather documentary evidence to be submitted with the I-140. The evidence must show: - That a labor certification has been obtained - That the employer will be able to pay the promised wages, as soon as they file Form I-140 - That, if the applicant has traveled to the United States, they have done so lawfully - That the applicant has an advanced degree or exceptional ability The sponsor must also attach evidence showing that the applicant meets the eligibility criteria mentioned above. See the “Document Checklist” section (below) for a breakdown of acceptable proof. When filling out I-140, the employer will also need to provide: - A USCIS online account number (if they already have one) - A North American Industry Classification System (NAICS) code - A Standard Occupational Classification (SOC) System code - Contact information for the relevant parties 3. Attending Follow-Up Appointments Once USCIS receives the petition, they will send out a notice confirming receipt. The applicant may also receive notices to appear for a biometrics appointment or an interview, though these are not required in every case. The interview notice will contain all the relevant information, including the date and location — or instructions to contact the Embassy, if living outside the United States — and a list of required documents. The EB-2 applicant should be sure to bring the necessary documentation to the interview. Once USCIS completes their review, they will send a notice containing their decision. 4.Adjustment of Status If living in the United States, the applicant will need to file Form I-485. The applicant might also find it useful to apply for an “advance parole” document if they wish to travel abroad while waiting for their green card. Certain evidence is required for Form I-485, including: - I-94 travel records - Copy of birth certificate - Affidavit of Support - Arrest records (if any) - Medical Exam, performed by an approved physician - Evidence of sufficient financial support Once I-485 has been filed and received, USCIS will notify the applicant of their upcoming biometrics appointment and their in-person interview (if one is required) Consular Processing If the applicant currently resides outside the United States, they will need to apply for their lawful permanent resident card through consular processing. To do this, they will need to file Form DS-260 (officially called the “Application for Immigrant Visa and Alien Registration”), making sure to include all the necessary civil documents. These include but are not limited to: - Birth certificate - Court and prison records - Military records - Police certificates The applicant will also need to attend a medical exam and an interview before a decision can be made. Consular processing will vary depending on where the application is being submitted, so it’s always a good idea to request specific instructions from the local Embassy or Consulate. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator For applicants filing from within the U.S.: 1.Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer) - Immigrant Fee: $220 2.Form I-485 (the adjustment of status application): - Filing Fee: $1540 3.Biometrics: - Fee: $85 (required for applicants aged 14 to 79) For applicants applying from outside the U.S.: 1.Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer sponsoring you) 2.Form DS-260 (green card application): - Filing Fee: $345 3.Form I-864 (“Affidavit of Support”): - Filing Fee: $120 4.Biometrics Fee: - Fee: $85 (required for applicants aged 14 to 79) Note: the PERM filing fee is free of charge, you may also have to pay for the following services, which also vary depending on your location and the service providers. - Medical examination and vaccination - Certified translations; if you provide non-English documents | EB-2A Visa – Advanced Degree: - An official record from an academic institution showing that they have an advanced degree (or an equivalent) - Or an official academic record showing that they have a bachelor’s degree, with letters from employers showing 5 years of relevant post-bac work experience EB-2B Visa – Exceptional Ability: - Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability - Letters from current or former employers documenting at least 10 years of full-time experience in your occupation - A license to practice your profession or certification for your profession or occupation - Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability - Membership in a professional association(s) -Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations EB-2C Visa – National Interest Waiver: Submit evidence that satisfies the requirements listed in the “Eligibility” section of this guide. Namely, the evidence must show that: - The proposed endeavor has both substantial merit and national importance. - You are well positioned to advance the proposed endeavor. - It would be beneficial to the United States to waive the requirements of a job offer | |
| EB-3 | A Third Priority Worker visa that allows three types of workers to go to the US permanently and work there | To be eligible, you must meet the following requirements for three types of group: 1. EB-3(A): Skilled Workers: - Have at least two years of job experience or training - Hold a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers 2. EB-3(B): Professionals: - Possess a U.S. bachelor’s degree or its foreign equivalent - Hold a job offer from a U.S. employer that requires a bachelor’s degree or higher - Meet any other requirements specified on the labor certification 3. EB-3(C): Unskilled Workers (Other Workers) - Be capable of performing unskilled labor that requires less than two years of training or experience - Hold a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers - Meet any other requirements specified on the labor certification | 3 steps: 1.Labor Certification Before applying for the EB-3 visa, your employer must obtain a PERM labor certification from the U.S. Department of Labor (DOL). The labor certification process involves proving that there are no qualified U.S. workers available for the job you’re being offered. 2.Form I-140 Petition Once the labor certification is approved, your employer can file Form I-140 with USCIS on your behalf. This form establishes your eligibility for the EB-3 visa and must be accompanied by the necessary supporting documentation. 3.Visa Application After USCIS approves your Form I-140, you can proceed with the visa application process. If you’re residing outside the U.S., you’ll need to apply for an immigrant visa at a U.S. consulate or embassy in your home country. If you’re already in the U.S. on a different nonimmigrant visa, you can file Form I-485 to adjust your status to that of a permanent resident. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator For applicants filing from within the U.S. 1. Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer) - Immigrant Fee: $220 2. Form I-485 (the adjustment of status application): - Filing Fee: $1540 3. Biometrics: - Fee: $85 (required for applicants aged 14 to 79) For applicants applying from outside the U.S 1. Form I-140 (“Immigrant Petition for Alien Worker”): - Filing Fee: $700 (this fee is paid by the employer sponsoring you) 2. Form DS-260 (green card application): - Filing Fee: $345 3. Form I-864 (“Affidavit of Support”): - Filing Fee: $120 4. Biometrics Fee: - Fee: $85 (required for applicants aged 14 to 79) | 1. EB-3(A): Skilled Workers: - PERM Labor Certification - Proof of education completion - Any additional documentation relating to the PERM Labor Certification - Confirmation of permanent EB-3 job offer from U.S. employer - Petition for Immigrant Worker (Form I-140) 2. EB-3(B): Professionals: - PERM Labor Certification - Proof of bachelor’s degree or foreign equivalent - Requirements of position (bachelor’s degree is mandatory) - Confirmation of permanent EB-3 job offer from U.S. employer - Petition for Immigrant Worker (Form I-140) 3. EB-3(C): Unskilled Workers (Other Workers) - PERM Labor Certification - Evidence of education, work experience, or apprenticeship. - Proof of U.S. permanent employment offer - All related documents to the PERM Labor Certification - Petition for Immigrant Worker (Form I-140) | |
| EB-4 | An immigrant visa which allows foreign nationals who are members of certain organizations, or belong to certain group of individuals, to enter into the U.S. to obtain permanent residency. | To be eligible, you must belong to these common categories: - Religious workers; - Special Immigrant Juveniles; - Certain broadcasters; - Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members; - Certain employees of the U.S. government who are abroad and their family members; - Members of the U.S. armed forces; - Panama Canal company or Canal Zone government employees; - Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978; and, - Noncitizens who have supplied information concerning a criminal organization or enterprise or a terrorist organization, enterprise, or operation (S nonimmigrants). | 5 steps: 1. Filing Form I-360: The petitioner (often the employer or organization) submits Form I-360 to USCIS to establish the special immigrant's eligibility under the chosen category, with required evidence varying by category. 2.USCIS Review: USCIS assesses the petition and supporting documents to verify eligibility and accuracy. 3.Approval of Form I-360: If eligible, USCIS approves the Form I-360 petition, notifying the petitioner and beneficiary. 4.Visa Availability: EB-4 visa availability depends on category and origin country, with some having numerical limits. Check the U.S. Department of State's visa bulletin. 5. Adjustment of Status or Consular Processing: Once a visa is available, the beneficiary can pursue adjustment of status or consular processing. + Adjustment of Status: If in the U.S., the beneficiary files Form I-485 for a green card without leaving. Additional forms and fees apply. + Consular Processing: If outside the U.S., the beneficiary goes through processing at a U.S. embassy/consulate, attending an interview and providing documentation, including medical and security checks. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator For applicants filing from within the U.S. 1. Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant): - Filing Fee: $435 - Immigrant Fee: $220 2. Form I-485 (the adjustment of status application): - Filing Fee: $1540 3. Biometrics: - Fee: $85 (required for applicants aged 14 to 79) For applicants applying from outside the U.S 1. Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant): - Filing Fee: $435 2. Form DS-260 (green card application): - Filing Fee: $345 3. Form I-864 (“Affidavit of Support”): - Filing Fee: $120 4. Biometrics Fee: - Fee: $85 (required for applicants aged 14 to 79) You also have to pay for your medication examination and a translator for your interview if you need one | - Completed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant - Supporting documents to establish eligibility for the chosen category (e.g., religious worker certificate, employment verification, medical waivers, military records, etc.) - An international passport for at least 6 months beyond your intended period of stay in the U.S. - Proof of identity and nationality - Proof of any name changes - Birth certificate - Marriage certificate (if applicable) - Criminal records - Affidavit of support (Form I-864) from a sponsor, if required - Visa application and processing fees | |
| EB-5 | The US immigrant investor program that grants successful applicants green cards. It allows foreigners who want to invest in enterprises in the United States to become permanent residents, With this visa, the applicant’s spouse and unmarried children below the age of 21 may also receive a green card | To be eligible, you must be willing and able to: - Invest in a new commercial enterprise. New enterprises are enterprises established after November 29, 1990 - Invest in an old commercial enterprise and significantly increase their net worth or workforce. A minimum 40% increase in net worth or employee number is required. - Invest an at-risk capital of up to $1.8 million. Investment in a targeted employment area requires an at-risk capital of $900,000. - Intend to create, or maintain, at least 10 full-time jobs which can be filled by U.S. workers. For the purposes of the EB-5 visa, the business must be for-profit and must be one of the following: - Corporation - Joint venture - Business trust - Sole proprietorship - Holding company - Partnership - Other publicly or privately owned structure The capital investment may come in the form of: - Cash - Equipment - Inventory - Other property - Secured debt Target employment areas (TEA) are areas with at least 150% of the US standard unemployment rate. This should be achieved in less than 2 years from your visa approval date. Qualified US workers include US citizens, green card holders, or any US resident authorized to work. They must get at least 35 working hours per week. Cannot invest in a non-commercial activity. | 5 steps: 1.File Initial Petition (Form I-526): To obtain an EB-5 investor visa, submit Form I-526 with evidence of investment in a qualifying for-profit venture, TEA designation (if applicable), managerial involvement, creation of 10 new employees, and maintaining employee levels (if investing in a troubled business). For detailed documentation requirements, refer to pages 9 and 10 of USCIS Form I-526 instructions. 1.Submit Green Card Application: After Form I-526 approval, proceed with the green card application based on circumstances. If abroad, go through consular processing, involving Form DS-260, a medical exam, and an interview at the U.S. Embassy/consulate with required documentation. If in the U.S., undergo Adjustment of Status by filing Form I-485 and potentially attending an interview. 3. Conditional Green Card: Upon approval, receive a conditional green card valid for 2 years, including family members attached to the application. 4. Remove Conditions (Form I-829): After 2 years, apply to remove conditions on the green card by filing Form I-829 within 90 days of its expiration. Provide documentation about the commercial enterprise, employees, location, and invested capital. 5. Obtain Lawful Permanent Residence: If conditions are removed, obtain lawful permanent residence, granting 10 years before green card renewal is required. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator Filing fees are one of the main expenses of obtaining an EB5 visa. Here are the filing fees for each step of the process: - Form I-526 filing fee: $3,675 - Form I-485 filing fee (if adjustment of status is filed in the US): $1,540 - Form I-829 filing fee: $3,750 Futhermore, the minimum investment required is $900,000 if the investment is made in a targeted employment area (TEA), or $1.8 million if the investment is made outside of a TEA. | 1. Investment Documentation - Evidence that investor has invested $800,000 or $1,050,000 (depending on the location) in a USCIS-designated Regional Center project. (subscription documents, I-956F receipt, confirmation of funds memo, and more). - Evidence, if applicable, that the project has been established in a Targeted Employment Area. 2. Personal Documentation - Copy of personal passport (current & expired) and Form I-94 - Copy of family member passports (all pages) - Copy of any previous immigration applications - Certified copies of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the U.S. within the past 15 years. 3. Financial Documentation - Proof of business/asset ownership - Copy of any and all business/professional licenses - Last 5 years of tax returns (business/personal) - Last 5 years of bank statements (business/personal) - Evidence regarding ownership for other sources of capital used for the investment - Financial statements for each business - Evidence that the investment funds were obtained through lawful means | |
| H-1B | The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more | - The job role that you will be undertaking in the US must be a specialty occupation, this means that it can only be performed by a specialty worker and the employer must normally require someone with a degree or its equivalent for the role - You must be classed as a specialty worker, this means that you must hold a bachelor’s degree, it’s equivalent or a higher level qualification - If necessary, you must have a licence that authorizes you to practice your occupation | Initial three years, six years maximum | To apply for the H-1B visa, your employer initiates the process by filing a petition on your behalf - Your employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification. The LCA's purpose is to ensure that your employer will pay you a wage comparable to other qualified workers in the same area and that your working conditions won't negatively impact other employees. - After the DOL certifies the LCA, your employer needs to fill out Form I-129, Petition for a Nonimmigrant Worker. They will then submit both the LCA and I-129 to USCIS, along with required fees and additional documentation. These documents may encompass evidence of your education, relevant training certificates or professional memberships, your resume, a confirmation letter of employment, a letter of support, and any necessary fees. - Once your Form I-129 is approved, you have two options based on your current location. + If you are already in the United States under a different visa category, you must wait for your H-1B visa status to become active before starting work. + If you are outside the United States, you need to apply for consular processing. This involves completing Form DS-160, which takes around 90 minutes, paying the application fee, and scheduling an interview at a U.S. embassy or consulate nearby. - After scheduling an interview, make sure to bring the following documents: + A valid passport, with an expiration date at least six months beyond your intended entry date to the United States. + A printout of the confirmation page from your completed Form DS-160. + Copies of your approved I-129 petition and I-797 approval. + Receipts as proof of paid application fees. + A passport-sized photo adhering to U.S. State Department requirements. During the interview, you can expect inquiries regarding your personal background, job details, work experience, employer information, and travel history. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator The cost of applying for a H1-B visa vary depending on the type of visa fees the employer may need to pay, the fees are as follows: - Registration fee – $10 - Basic filing fee for H-1B petitions (Form I-129) - $460 - AICWA Fee (American Competitiveness and Workforce Improvement Act of 1998) – $750 for employers with 1-25 full time employees, $1500 for employers with 26 or more full time employees - Fraud prevention and detection fee – $500 fee applicable to a new H-1B and Change of employers petitions - Fee that is based on Public Law 114-113: $4000 - Immigration Attorney Fee: $500 - $3000 | General H1B Visa Documents Checklist This list represents the bare minimum, essential documents you will need to produce to have your H1B visa stamped. - DS-160 Barcode Confirmation - The letter of the appointment schedule - Original H1B Visa approval notice (I-797 Form) - The petition for a nonimmigrant worker (I-129) - H classification supplement to form I-129 - H-1B data collection and filing fee exemption supplement - Labor condition application for H1B & H1B1 nonimmigrants - H-1B Visa petition letter, which your employer provides for you - Employment verification letter - Pay stubs for at least last 3 months (if you were working on H1B) - Monthly bank statements (last 3 months), Bank of America provides immigration letter For Spouse and Dependent Children, the following documents are needed - The original notice of action form I-797 of the main applicant - Form I-129 (if Form I-797 is a blanket permit, a copy of Form I-797 and I-129) of the main applicant - Photocopy of the main applicant’s valid visa, if you are applying separately - Original marriage certificate along with your entire wedding photo album - Original birth certificate for each child |
| H-2A | H-2A Visa allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. | To qualify for H-2A nonimmigrant classification, The petitioner must: - Offer a job that is of a temporary or seasonal nature. - Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. - Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. - Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. The employees/ workers must: - Find a job from a US employer who is offering temporary agricultural work - Prove that they intend to return to their home country after the visa expires - Be of a certain nationality. Not all farm workers from all countries can come to the US to work. The Department of Homeland Security (DHS) has determined the number of countries from which H-2A workers can be hired. These countries are listed below: | Maximum is 3 years | 3 steps (as an employer) 1.The petitioner submits a temporary labor certification application to the U.S. Department of Labor (DOL) for H-2A workers. Refer to the Foreign Labor Certification, Department of Labor Web page for detailed requirements. 2. After obtaining the temporary labor certification from DOL, the petitioner proceeds to submit Form I-129 to USCIS. Generally, the original certification must be included with Form I-129 as initial evidence. Additional filing requirements can be found in the instructions for Form I-129. 3. Once USCIS approves Form I-129, prospective H-2A workers outside the United States must either apply for an H-2A visa at a U.S. Embassy or Consulate through the U.S. Department of State (DOS) and seek admission with U.S. Customs and Border Protection (CBP) at a U.S. port of entry, or directly seek admission in H-2A classification with CBP if a visa is not required. As an employees: 1. Secure a job offer from a U.S. employer. 2. Your employer obtains temporary labor certification from the U.S. Department of Labor (DOL) for H2A workers and requests H2A classification from USCIS. 3. Your employer submit Form I-129 with the original temporary labor certification to USCIS. 4. Apply for the H2A visa at a U.S. Embassy or Consulate in your home country after USCIS approves Form I-129. Complete Form DS-160 online, schedule the H2A interview, and demonstrate qualifications, ties to your home country, and intent to comply with visa terms. 5. Attend a biometrics appointment if required. 6. Attend the H2A interview alone, where consular officers may inquire about family, employment history, property, finances, and intentions. Lawyers or recruiters cannot accompany you to the interview. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator For the temporary labor certification, the Labor Department charges a $100 application fee and $10 per certified H-2A worker, though the total fee may be no greater than $1,000. To file Form I-129, the U.S. employer will need to pay a $460 filing fee. The prospective employee, for their part, will need to pay a $185 fee for their nonimmigrant visa application if they are living outside the country (Form DS-160) | Aside from the eligibility requirements, the applicant must have the following documents ready to apply for the visa: - Form DS-160 receipt. - Receipt of the application payment (USD190). - Forms I-129 and I-797 to show USCIS approval. - Your valid passport. - A professional photo (2x2). - Documents that prove you intend to return home once the visa expires. - Family member’s documents if you are traveling with them. |
| H-2B | A nonimmigrant visa that allows U.S. employers to hire foreign workers for temporary non-agricultural work. This can be a one-time job, seasonal job, intermittent, or peak load. | - Employers need to prove that they have looked for US employees, but there have not been enough - That by hiring foreign workers, they will not negatively affect the wages and working conditions of US employees - That the foreign workers will fill temporary positions The employer’s need is considered temporary if it is a(n): 1. One-time occurrence – A petitioner claiming a one-time occurrence must show that it has: - An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker. - Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; 2. Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is: - Traditionally tied to a season of the year by an event or pattern; and - Of a recurring nature. 3. Peak load need – A petitioner claiming a peak load need must show that it: - Regularly employs permanent workers to perform the services or labor at the place of employment; - Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and - The temporary additions to staff will not become part of the employer's regular operation. 4. Intermittent need – A petitioner claiming an intermittent need must show that it: - Has not employed permanent or full-time workers to perform the services or labor; and - Occasionally or intermittently needs temporary workers to perform services or labor for short periods. | Maximum is 3 years | 3 steps (as an employer) 1. Petitioner applies for temporary labor certification with DOL (or Guam DOL if applicable). For more details, refer to the Foreign Labor Certification, Department of Labor, and Foreign Labor Certification, Guam Department of Labor Web pages. 2. Petitioner submits Form I-129 to USCIS after obtaining the temporary labor certification. Include the original certification (or a printed copy if processed through DOL's FLAG system) with Form I-129. If previously submitted, provide a copy and explanation with the receipt number of the original filing. 3. Prospective H-2B workers outside the United States apply for an H-2B visa at a U.S. Embassy or Consulate (if required) and seek admission to the United States with CBP at a U.S. port of entry. Alternatively, workers may directly seek admission to the United States with CBP if an H-2B visa is not needed. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 - Form I-129 Premium Processing Fee: $1,500 | For applicants outside the U.S., you’ll need to provide all or some of the following documents at your visa appointment: - Form DS-160 application confirmation page - Form I-129 approval page from your employer - Valid international passport - Passport-style photographs according to U.S. visa standards - Proof of ties to your home country to show that you’ll be returning. This could be proof of ownership of valuable property, family ties, etc. If you’re applying alongside your dependents, then they’ll also present the following documents: - Valid international passport - Passport style photographs - Birth certificates for unmarried children under 21 - Marriage certificate for spouse |
| H-3 | The H-3 visa category allows noncitizens coming temporarily to the United States as either a: + Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’s home country. + Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities. | 1. To be qualified as a trainee: - An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to: + Agriculture + Commerce + Communications + Finance + Government + Transportation + Other Professions - In order for a US employer or organization to host a trainee on an H3 Visa, they must demonstrate the following: + The training programs are unavailable in the trainee's home country. + The H3 Visa holder will not displace US citizens or permanent residents in their role. + The H3 Visa holder will not engage in regular US employment. + The training aims to equip the trainee for employment outside the US. -Each H-3 petition for a trainee must contain: + Details of the training, supervision, and program structure. + The proportion of time dedicated to productive employment. + The hours allocated for classroom instruction and on-the-job training. + Information about the trainee's future career abroad. + Reasons why similar training isn't accessible in the trainee's home country, necessitating US training. + The source of the trainee's remuneration and any benefits provided by the employer/organization for the training. 2. To be qualified as a Special Education Exchange Visitor: - Organisations that want to host Special Education Exchange Visitors need to have professionally trained staff that know how to take care of and provide education to children with disabilities. Each year only 50 Special Education Exchange Visitors can be admitted into the US. - The application process for the H3 Visa as a Special Education Exchange Visitor starts with the facility submitting a petition to USCIS for them. The petition has to include the following: + Description of the training the foreign citizen will receive + Overview of the facility’s professional staff + Description of what the foreign citizen’s tasks will be during the training + Proof that the Special Education Exchange Visitor has completed or is about to complete a baccalaureate or higher degree programme in special education, or proof that the Special Education Exchange Visitor + has extensive experience in working with children with physical, mental, or emotional disabilities. | - Trainee: up to 2 years - Special education exchange visitor: up to 18 months | - The H3 Visa application process requires a US employer or organization to file Form I-129 on your behalf. You must have a US sponsor to apply, and the petition should be filed within six months of the planned training start. - Once the petition is approved by USCIS, proceed with the application. Complete and submit Form DS-160 to the US Consulate in your home country. - After submitting the documents, schedule an interview to assess your qualifications for the program. The US Embassy will decide on granting the H-3 visa based on your documents and the interview. If approved, you'll receive the visa stamp to attend the program. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 | To submit, the applicant shoud include these documents: + A valid passport + Birth certificate + Complete Form DS-160 online + Form I-129 and Form I-797 + Passport size photograph + Marriage certificate (if you are legally married) + Evidence of having ties in your home country that will make you go back there once your visa expires |
| H-4 | A type of visa issued by U.S. Citizenship and Immigration Services (USCIS) to dependents of certain nonimmigrant workers, including H-1B visa holders. | To be eligible, they must be: - Spouses of H-1B, H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: If you are legally married to one of these particular work visa holders, you may be eligible for an H-4 visa. - Unmarried children of H-1B, H-1B, H-1C, H-2A, H-2B, and H-3 visa holders: If you are under the age of 21 and unmarried, and your parent holds one of the above visas, you may be eligible for an H4 visa. The H-4 visa may also have some additional eligibility requirements: + Valid primary work visa status: The primary work visa holder must be in valid, lawful status, meaning they have not violated the terms of their visa and have not overstayed their authorized period of stay in the U.S. + Financial support: The primary work visa holder must demonstrate that they can financially support their H4 dependent, as H-4 visa holders are not allowed to work in the U.S. unless they receive employment authorization from USCIS. + No criminal record: The H-4 visa applicant must not have a criminal record that would make them inadmissible to the U.S | - The H4 visa will allow eligible dependants to live in the United States for the same duration as the primary visa-holder - So if your spouse has a visa that is valid for 3 years, your H4 visa will also be valid for 3 years | The H-4 visa process varies based on individual circumstances, but generally includes these steps: - Check eligibility: Ensure you meet the requirements as a spouse or child of an H-1B visa holder. - Gather documents: Collect necessary papers like a valid passport, visa application form, marriage and birth certificates, police certificates, and financial support evidence. - Complete application: Fill out the online Nonimmigrant Visa Application form (DS-160) and pay the fee. - Schedule interview: Set an appointment for a visa interview at the relevant U.S. Embassy or Consulate. - Attend interview: Provide all required documents and information during the interview. The consular officer will review your application and decide on your visa. - Get your visa: If approved, you'll receive the H-4 visa in your passport. If denied, the consular officer will provide a reason for the refusal. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form DS-160 filing fee: $185 - Biometrics: $85 | - Copy of your international passport - Copy of the principal H visa (approved visa or application if applying at the same time) - Copy of the international passport of the principal H visa holder - Two passport size photographs - H4 visa application confirmation - Birth certificate for unmarried children under 21 - Marriage certificate for spouses - A reference letter from the sponsor of the H1 visa holder - Proof of financial stability Application fee receipts |
| L-1 | - L1 visa allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States - Also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one - There are two types of the L1 Visa: + L-1A Visa – for managers and executives, who are either transferring to a U.S. office, or coming into the US for the purposes of setting up a U.S. office + L-1B Visa – for specialized employees, who have essential specialist skills or knowledge. | How can employees and employers qualify for the L1 visa? 1.Employees: - Worked for the company for at least one year in the past three years. - Specialized knowledge of the company's operations and products. - Company sponsorship for your application. - Active engagement with your employer in both the US and your home country. - Full-time employment. Additionally, the L1 Visa is limited to individuals holding executive or managerial roles within their companies. Executive capacity involves making decisions independently, while managerial capacity includes overseeing employees and managing aspects of the company or its department. 2. Employers: - Have a qualifying relationship with a foreign company, including branches, subsidiaries, or affiliates. - Be currently conducting business in the US and at least one other country. - Be capable of sustaining business activities in both the US and abroad throughout the employee's stay in the US. If the purpose is to establish a new office in the US, the employer must demonstrate: - Secured physical premises for the new office in the US. - The employee intended for the US assignment has worked as an executive or manager for at least one continuous year within the past three years. - The US office will support an executive or managerial position within one year of L1 Visa approval. Which conditions to be eligible for: 1. L1-A Visa - The US company petitioning for you must have a professional relationship with your foreign employer. - You must currently hold a non-changing managerial or executive position. - You need at least one year of prior work experience with the foreign company before your visa application. 2.L1-B Visa - Specialized knowledge not readily available in the US. - Expertise in the company's products and services. - Familiarity with the company's role in international markets. - Proficiency in the procedures governing the company's activities. | - L1-A visa: initial three years, maximum seven years - L1-B visa: initial three years, maximum five years | - Get a transfer offer. - Filing Form I-129. - Employer must pay the fees. - File Form DS-160. - Pay the L1 visa application fee. - Schedule your L1 visa interview. - Submit your L1 visa documents. - Attend your interview. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 - Fraud prevention and detection: $500 | Apply for L-1 visa - Filled-in visa application Form DS-160 - One recent passport size photograph, 50mm X 50mm of each applicant showing full face without head covering against a light background - A passport, valid for travel to the U.S. for at least six months longer than your intended visit - Employee copy of Form I-797 Approval Notice - Copy of Form I-129. This petition is filed with the USCIS by your employer and must be approved before you can apply for your L-1 Visa. Apply for an L-1 petition: - Present employment, your position, and length of service with the company - Company knows about and authorizes your transfer to the U.S. company - U.S. company’s name and full address. If more than one location is involved, supply the names and addresses of all locations - Statement about the position you will fill in the U.S. |
| L-2 | - A non-immigrant permit that is issued to eligible dependents of foreign workers employed in the United States. - L2 Visa allows you to join a family member who is residing in the U.S. under an L1 Visa. - similar to the H-4 visa, which is for the dependents of those who have H type visas. With an L-2 dependents visa, you are allowed to study in the US, get a driver’s license, open a bank account, travel in and out of the US as long as your visa is valid and other benefits. | To be eligible as a L2 visa, you must fit into one of the two categories below: - You are legally married to an L1 Visa holder - You are an unmarried child under the age of 21 of an L1 Visa holder. | Similar to L1 Visa | To apply for the L2 visa, follow these steps: - Complete the DS-160 Online Non-immigrant Visa Application, and keep the confirmation page. - Pay the application fee of $190 (plus any additional fees based on your country of origin). - Schedule a visa interview at a US embassy or consulate in your home country. - Schedule and attend a biometrics appointment before the visa interview. - Attend the L2 visa interview, which typically lasts around 20 minutes. If eligible and all information is accurate, expect a positive outcome with visa approval. You may receive the L2 visa within 10 business days after the interview. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form DS-160 filing fee: $185 - Biometrics: $85 | - Completed Form DS-160 - A valid passport for you - A valid passport for each of your children and/or spouse, if they are travelling with you - One photograph of each applicant, showing the full face. It must comply with the photograph guidelines provided by your local U.S. consulate - An original birth certificate for every applicant under the age of 14 - An original marriage certificate (if you are the dependent spouse of an L visa holder) - A copy of the approved L petition - A confirmation letter from the primary L1 visa holder - A letter from the L1 visa holder’s employer |
| O | Anonimmigrant visa for foreign nationals who possess extraordinary ability in sciences, arts, education, business, or athletics, or those who have been recognised nationally or internationally for their extraordinary achievements in the motion picture or television industries. The O visas are set out as the following: - O-1A: For individuals who have an extraordinary ability and/or achievements in the areas of sciences, education, business or athletics (not including the television or motion pictures industries) - O-1B: For individuals who have an extraordinary ability and/or achievements in the arts or motion picture/television industries - O-2: For those who will accompany an athlete or artist to a specific event or performance in the U.S - O-3: For those who are the spouse or children or either an O-1 or O-2 Visa holder. | To be eligible as an: 1. O-1 visa: The O-1 Visa is available for individuals with exceptional achievements or abilities in their field of work. Requirements differ based on the area of expertise: - Sciences, education, business, or athletics: Distinguished achievements in the field. - Arts: Above-average achievements as a well-known, renowned, or leading figure. - Motion picture or television: Distinction, recognized for higher skill level compared to others in the industry. Applicants must also intend to work in the United States for a specified period, which aligns with the duration of the visa allocation. 2. O-2 Visa: - Your assistance must be an "integral part" of the O-1A visa holder's performance. - Your critical skills and experience with the O-1 visa holder must be specific and not readily replaceable by a U.S. worker. - In the motion picture or television industry, your skills and experience must be essential to the production's successful completion, either due to a longstanding working relationship or significant production involving both the United States and other locations. | Up to three years | O1 Visa The O1 is a petition-based visa, requiring an employer or agent to file Form I-129 with supporting documents to USCIS on your behalf. In addition, the petition must be submitted with the following: 1. Consultation - The Petitioner must provide a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If it's for someone with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and management organization. - Petitioners should submit the version of the consultation with watermark or distinctive marks to confirm authenticity and avoid processing delays. 2.Exceptions to the Consultation Requirement If an appropriate peer group doesn't exist, we'll consider the evidence submitted with Form I-129. For extraordinary ability in arts, a consultation waiver is possible if seeking readmission within two years of a previous consultation. The employer or agent must submit a waiver request and a copy of the previous consultation with the petition. 3. Contract between petitioner and beneficiary The Petitioner must submit a copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed. 4. Itineraries The petitioner must provide details about the nature, dates, and itinerary (if applicable) of the events or activities. They should demonstrate the existence of events or activities in your field of extraordinary ability for the requested validity period, such as a tour itinerary or a series of events. 5. Agents A U.S. agent may be your actual employer, the representative of both you and the employer, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. 6. Evidence demonstrating O-1 Eligibility The petitioner must present evidence showcasing your extraordinary ability in sciences, arts, business, education, athletics, or extraordinary achievement in the motion picture industry. The evidence should consist of at least three different types of documentation specified in the regulations or comparable evidence in certain situations. Together, the evidence must demonstrate that you meet the required standards for classification. O-2 Visa Your employer or agent should file Form I-129 along with the required evidence as instructed. Each O-1 artist or athlete and you must have your own Form I-129. Filing cannot be done more than one year before employment, and to avoid delays, file at least 45 days before the employment date. In addition to Form I-129, Petition for Nonimmigrant Worker, the petitioner must submit the following documentary evidence: 1. Consultation For athletics or arts, the consultation must be from the appropriate labor organization. For motion pictures or television, it must come from an appropriate labor organization and a management organization with expertise in the skill area involved. 2. Evidence Demonstrating O-2 Eligibility The evidence should demonstrate your current essentiality, critical skills, and substantial experience supporting the O-1 beneficiary. For motion pictures or television production, it should show significant production inside and outside the US, with your continued participation being essential to successful completion. 3. After We Approve Your Petition Once we approve your petition, you can apply for your visa at a U.S. Embassy or Consulate. Department of State (DOS) establishes visa application processing and issuance fees | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 | - A written consultation from someone with expertise on your field. It can be a peer group or a labor/management organization, as relevant to your area of expertise. - A copy of the written work contract. The contract must include a summary of the agreement under which you will be employed. - A document explaining the activities and events you will participate in. It must include the nature, start and end dates, as well as an itinerary of these activities/events. - Proof of your extraordinary abilities or achievements. |
| P1 | The P1 Visa is a non-immigrant visa that allows foreign citizens who are athletes or entertainers to come to the US temporarily to take part in an event, competition, or performance. It can be split into two categories: - P-1A: for internationally recognized athletes or athletic team - P-1B: individuals or members of an internationally recognized entertainment group | When applying for a P1 visa, the following criteria must be met: - The group of team have to have been formed at least one year before the application is submitted - At least 75% of the members of the group or team must have had a stable place in the group for at least one year - The activity you are coming into the US to partake in must be internationally recognised - The individual or group must have a high level of recognition. If part of a group, recognition must be of the group as a whole, and not based on individual achievements of members within the group. For an athlete to obtain a P1A visa, they must have met at least two of the following criteria: - Have participated in a major US sports league - Have participated in a US university or college sports league - Have participated in a major national or international sports competition - Have received national or international acclaim - Have been nationally or internationally ranked in a high position - Have received a national or international award for their sporting achievements. Entertainers or groups applying for the P1B Visa have to meet the following requirements: - Have achieved major success in ratings, records, videos, or box office sales - Have been mentioned and praised by major newspapers or other media outlets - Have received recognition from critics and government agencies - Have been receiving high compensation for their work and performances. | -P1-A: + Individual athlete + Essential support personnel: Total stay is limited to 10 years. + Athletic group + Essential support personnel: Up to one years -P1-B: + The P1-B visa is valid for as long as it takes for the entertainment group to complete the event, competition, or performance. This initial length of stay is not to exceed 1 year. + Visas can be extended in increments of up to 1-year in order to complete whatever activities they have planned in the United States. | The application process for both P1A and P1B visas is similar: - To apply for the P1 Visa, you need a US employer or organization sponsor. - Your employer files Form I-129 with USCIS on your behalf, no more than 6 months before the planned performance. - If the employer is petitioning for a team, one collective form can be submitted. - Once approved, USCIS sends Form I-797, Notice of Action to your US sponsor and you. - Proceed with Form DS-160, Online Non-immigrant Visa Application. - Pay the $190 visa application fee and save the receipts as evidence. - Schedule and attend the visa interview at a US Embassy. - Attend the interview, truthfully answer questions about eligibility and application information to avoid visa denial. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 | - A confirmation page showing that you submitted Form DS-160 - A passport valid for at least six months beyond your planned stay in the US - A passport size photograph - A receipt showing that you paid the visa application fee - Form I-797 confirming that your petition has been approved - A letter from a US employer describing what performance and events you will take part in - A contract with your US sponsor - Proof that you or your team are nationally or internationally recognised. |
| P3 | A visa for foreign artists or entertainers coming to be part of a culturally unique program in the US. It could be to perform, teach, or coach. | - You must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. - You must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. - The program may be of a commercial or noncommercial nature. | One year maximum | - Your U.S. employer, agent, or sponsoring organization must submit Form I-129 - Process the application and issue an approval notice if USCIS approves the petition. - File Form DS-160, pay the application fee, and complete all parts of the form. - Schedule an embassy interview and do it as soon as possible since the wait time varies depending on embassy workloads. - Attend the interview with all required visa application supporting documents, including the P3 approval notice. - Start participation once your sponsor receives the P3 notice of approval if you are already in the US. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 - Biometrics: $85 | For your P3 visa application, you must make ready the following: - Form I-129 confirmation page - Valid international passport - Passport photographs according to US visa standard - Documents explaining the event and itinerary. This must include the dates and places the event will take place. - Document proving your performance is culturally unique. This can be published materials or reviews from newspapers and journals. - Testimonials, affidavits, and letters from renowned industry experts to prove the authenticity of your skills. - The consultation document from an appropriate labor organization - Contract document between you and your employer/sponsor |
| Q | A nonimmigrant visa that allows international cultural exchange participants to temporarily work in the United States in an international cultural exchange program designated by the Department of Homeland Security. The aim of this cultural exchange program is to promote cultural diversity and encourage informational exchange between the United States and other foreign countries. | U.S. employers who are qualified to administer cultural exchange programs can petition an exchange visitor for a Q-1 visa. To be eligible for this employment-oriented program, all visa applicants must be able to meet the following requirements: - At least 18 years old; - Qualified to perform the service, labor or training; and - Able to communicate effectively about the cultural attributes of your country to the American public. In order to become a Q-1 cultural exchange program sponsor, the U.S.-based employer must be able to meet the following requirements: - Must submit evidence of an established international cultural exchange program - Must submit evidence that the program activities take place in a school, museum, business or other establishment where the American public, or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program - Must establish that it: + Has designated a qualified employee to administer the program and serve as liaison with USCIS; + Is actively doing business in the United States; + Will offer the noncitizen wages and working conditions comparable to those accorded local workers similarly employed; and + Has the financial ability to compensate the participant(s), as shown by a copy of the employer's most recent annual report, business income tax return or other form of certified accountant's report. | Up to 15 months | - To receive a Q-1 visa, the employer must be approved for sponsorship by USCIS. They must file Form I-129, with the USCIS office specified in the form instructions - Once approved, the applicant proceeds with Form DS-160, an online nonimmigrant visa application. - After submitting the form, they pay the Q-1 visa application fee and schedule a mandatory visa interview at the nearest U.S. Embassy or Consulate. - At the interview, they submit supporting documents and answer questions related to their background and purpose of travel. - If the consular officer is satisfied, the Q-1 visa is approved for the international cultural program in the United States. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 | Have a documents file to support your application and prove you are eligible for the Q1 visa: - Your valid passport. - A photograph meeting the Photo Requirements for US visa application. - Your Form I-797. - The DS-160 confirmation page and code. - Receipts proving you have paid the fees. - The visa interview confirmation letter. - Documents of your educational qualifications and previous work experience. - Proof that you intend to return to your home country after completion of the exchange program. |
| R | A nonimmigrant visa which allows foreign nationals in religious occupations to enter into the U.S. and perform the duties of a religious worker. | An R-1 nonimmigrant is a noncitizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a: - Non-profit religious organization in the United States; - Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or - Non-profit organization which is affiliated with a religious denomination in the United States. To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition. | Up to 60 months if you apply for and receive extensions, | Step 1: File the Petition - The petition requires Form I-129, filed by the employer or organization. Additional documents are needed to prove eligibility: + If the organization is a religious one as per the IRS 501(c)(3), they must submit a letter from the IRS proving they are tax exempt + If the organization is group tax exempt, they must submit a letter from the IRS proving their status + If the organization has a religious affiliation but is not defined as a religious organization, it must submit these documents: - Letter from IRS proving they are tax exempt - Proof that they have a religious affiliation - Proof that they have a religious purpose and description of their activities - A letter from another religious organization stating that the petitioning organization has a religious affiliation + Proof that they compensate religious workers with a salary or in-kind benefits such as: - Past documents showing the compensation of religious workers in similar positions - Proof that they will provide accommodation to the worker - Budget documents which show planned expenses for salaries or in-kind benefits As for the applicant, the organization submitting the petition must provide these documents to establish eligibility: + The applicant’s tax returns in the US or if not applicable, comparable documents + If the employee will not be paid, provide proof that they have the means to support themselves temporarily + Proof that the applicant is affiliated with the religion and has been so for the past two years After submission, USCIS may request more evidence or conduct a premises visit. If approved, USCIS sends Form I-797 to the organization and applicant. The applicant can then apply at a US Embassy or Consulate in their country of residence. Step 2: Fill in Form DS-160 It will have questions regarding your personal information, background, and purpose of visit to the US. When you complete the form and submit it, you will get a confirmation page and code which you need to have in your documentation file. Step 3: Pay the fees After you have completed all your payments, you must keep the receipts as proof and attach them to your document file. Step 4: Schedule visa interview Step 5: Repare document file Step 6: Attend the interview | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - Form I-129 filing fee: $460 - Form DS-160 filing fee: $185 - R-1 Visa fees: $190 | - A valid passport - One photograph following the USA visa Photo Requirements - The Form DS-160 confirmation page - Receipts proving you have paid all fees - The visa interview appointment letter - Your Form I-797 to prove that your petition has been approved - Proof of your eligibility for the R-1 visa: - Evidence of belonging to the religion for the past 2 years - Recommendation letters from other religious affiliations you have had - Contract with your US employer - Educational qualifications showing you are qualified for a religious position (e.g., minister) - Proof of financial support or that the employer will compensate you. |
| J | J-1 (exchange visitor) visas are given to nonimmigrants who are traveling to the United States as part of an officially approved exchange program in the arts, education, or sciences. Beneficiaries could be professors, researchers, students, teachers, au pairs, or specialists of various kinds | Each program category has its own set of J-1 visa requirements Language Proficiency: the applicant must demonstrate sufficient knowledge of English, using one of the following: - Signed documents from an English-language school or university proving the applicant has passed an officially-recognized test - An in-person or teleconferencing interview with the sponsoring exchange program Insurance: Each applicant must have a certain level of medical coverage, as determined by the program regulations. J-2 dependents — including spouses and unmarried children under 21 — must also have the required coverage. If the applicant is not covered, or if their coverage is insufficient, the sponsor, such as the college or university, can help the applicant obtain the necessary insurance. If the applicant loses their coverage during the course of the exchange program, they may be asked to leave. Exchange Program Categories Each program category has different J-1 visa requirements: 1.Student Anyone applying for a J-1 visa as a student must be a foreign national studying in the United States, and they must intend to do one of the following activities: - Take on a full course load at an accredited secondary or post-secondary academic institution - Pursue training related to their concentration - Study the English language at an accredited post-secondary school (or an approved program) - Be a full-time student intern in a program led by an approved secondary educational institution Short-Term Scholar A professor or research scholar — or someone with comparable training — may obtain a J-1 visa if, during a short-term visit, they do one of the following: - Train - Observe - Lecture - Demonstrate specialized skills - Consult They may do any of these activities at places such as: - Museums - Research institutions - Libraries - Post-secondary academic institutions 3. Trainee If the applicant plans to attend a structured training program related to their occupational field, they may obtain a J-1 visa if they satisfy one of the following: - They have a degree or certificate from an approved institution in addition to 1 year of work in the field - They have 5 years of experience working in their field (outside the United States) Note: the sponsor must be approved for this particular occupation 4.Teacher A foreign national may apply as a teacher if they have a minimum of a bachelor’s degree in a related subject, or in education. They must: - Have two years of full-time teaching experience, completed after finishing their degree - Be a teacher when applying for the J-1 visa 5. Professor Professors may apply to do one or more of the following: - Lecture - Teach - Consult - Observe If permitted by the sponsor, they may also pursue research projects. They may do these activities at places like: - An accredited post-secondary academic institution - Libraries - Museums 6. Research Scholar If applying as a research scholar, the applicant may do one or more of the following: - Conduct research - Consult - Observe They may also pursue teaching, if the sponsor allows it. They may do these activities at places like: - Libraries - Museums - Accredited post-secondary academic institutions 7. Specialist A person may apply as a specialist, if they have expertise in a particular field and plan to observe, consult, or demonstrate their knowledge, once in the United States. 8. Persons of Similar Description Applicants whose occupation or training is designated by the State Department as being similar in nature to the aforementioned categories, may apply for the J-1 visa. These applicants must also intend to study, teach, lecture, observe, instruct, conduct research, demonstrate special skills, consult, or receive training, once in the United States. The following are categories designated by the State Department as being “persons of similar description.” - Alien physician - International visitor - Government visitor - Camp Counselor - Au pair - Summer work and travel - Intern | Up to two or three years | Step 1: The Online Visa Application First, the applicant should complete Form DS-160 (officially called the “Online Nonimmigrant Visa Application”) and print out the confirmation page, which they’ll need at their interview. During this process, they will need to upload a photo, following strict guidelines. Note: the applicant can submit their application through the State Department’s portal. Step 2: Make an Appointment Once the applicant has finished the nonimmigrant visa application, they can contact their local U.S. Embassy or consulate to schedule an interview. As mentioned above, wait times vary according to region, and while the applicant is free to apply at a U.S. Embassy outside their country of origin, they may find it harder to successfully obtain a J-1 visa. Step 3: Prepare for and Attend the Interview - In certain countries, the applicant may need to pay the application processing fee prior to their interview. In this case, they should go to the U.S. Embassy’s website to find out how to make a payment. Once they’ve made a payment, the applicant — and any dependents coming with them — will need to gather all the required documents prior to attending the interview - The consular officer may request additional evidence of the applicant's intention to return home after the program. - With the required paperwork, attend the interview to demonstrate eligibility for the Exchange Visitor Program. The interview may include fingerprinting. If approved and no further processing is needed, the applicant can obtain their visa, pay any remaining fees, and collect their passport. Step 4: Entering the United States - To enter the United States, the applicant will need to bring their passport, visa, and Form DS-2019 to the airport (or other port-of-entry). - Once in the United States, the applicant may be able to extend their stay, under certain conditions, or even change their status to green card holder. | For the newest updated fees, check at USCIS.gov fees calculator: https://www.uscis.gov/feecalculator - SEVIS Fee: $180 - Form DS-160 Fee: $160 | - A passport (valid for at least 6 months beyond your period of stay in the U.S.) - A passport-style photo that follows the State Department’s guidelines - Receipt of payment for the application processing fee (if requested) - Confirmation page for the DS-160, online visa application - Form DS-2019, which the sponsor will provide after they enter the applicant’s name — and the names of any dependents — into the SEVIS system. - Form DS-7002 (officially called the “Training/Internship Placement Plan”), for those who are applying through the trainee and intern categories |