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Powered by Romell Bhaala www.RomellBhaala.com

New York:

421 7th Avenue, Suite 909
New York, NY 10001
Phone: +1 212 686 7782
FAX: + 1 212 686 7792

New Jersey:
265 Route 27 (Lincoln Highway)
Iselin, NJ 08830

Phone: + 1 732 636 7782
E-mail: 
Rani@EmandiLaw.com

H1B VISA
 

The laws regarding the H1B Visa are in constant flux and applicants seriously considering this category as a means of working in the US on a temporary basis should stay informed and updated as much as possible. Since an applicant's circumstances and the circumstances of his/her dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category. 

The H1B Visa allows foreign workers to enter the US and work in a variety of fields ranging from architecture and engineering to health and medicine. The H1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration. 

In order to qualify for H1B classification, the applicant must have at least a U.S. bachelors degree or its equivalent AND the job sought must require at least a bachelors degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the U.S. 

The spouse and unmarried children below the age of 21 are allowed to accompany or join the H1B worker as H4 dependents. However, they cannot work unless they qualify for a work visa. H4 dependents can enroll and attend schools in the U.S. without obtaining a student visa. 

H1B Visa Process Steps 

 

  • Since the H1B visa requires a U.S. sponsor, the applicant must seek a U.S. employer who is willing to hire the applicant temporarily, pay the applicant the prevailing wage for the offered position and file the petition and supporting documents with the CIS (Citizenship and Immigration Services).

  • The petition process begins with the sponsoring employer filing a Labor Condition Application (LCA) with the Department of Labor after obtaining a prevailing wage for the position. Upon obtaining an approved LCA the employer files the petition with Immigration. The petition must be filed with documentation that shows the job is a professional or specialty occupation and that the H1B applicant is qualified for the position.

  • The sponsoring employer must file Form I-129 (Petition for Non-immigrant worker) and H supplement with the CIS office having jurisdiction over the place of employment. The base filing fee for an H1B petition is $320. Additional fees apply. All employers must complete and file Form I-129W with the Form I-129 petition.

  • If either the employer or the applicant wishes to expedite the H1B petition so an initial determination is made within 15 days of the filing, it may request premium processing for an additional fee of $1,000. The request is made by completing Form I-907.

  • After approval, Immigration will send Form I-797 (Notice of Action) to the employer. The employer then notifies the applicant and sends all the required documents to the applicant who can then apply for his H1B visa at the U.S. consulate in his home country.

H1B Visa Documents 
Both the applicant and the employer are required to submit documents for the H1B visa. The applicant is required to submit the following documents when applying for an H1B visa abroad: 

H1B Visa Requirements 

A completed visa application (Form DS 160) with one recent photograph, 1 inches square (37mm x 37mm), of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. A passport valid for travel to the United States for at least six months longer than your intended visit. Form I-797 (Notice of Action) Copy of the approved Labor Condition Application (LCA) Copy of the field and approved I-129H petition and supporting documentation which should include: 

 

  • The applicants academic record.

  • Education evaluation verifying that the applicants foreign academic record is equivalent to a US bachelors degree.

  • Resume.

  • Recommendation letters from previous employers (if required)

  • Proof of any membership in relevant trade or professional organizations, and

  • A letter from your employer detailing the job and its requirements.

  • Current or updated letter from the employer confirming its intention to hire the applicant according the terms and conditions on its approved petition.

  • Employers most recent financial records or tax returns.


It is the employer's responsibility to send the items listed in numbers 3 through 7 above to the applicant. 

H1B Visa Fees 

Visa fees associated with obtaining the H1B visa vary from country to country. Please visit the website for the U.S. Consulate/Embassy at which the H1B visa is being applied for. 

H1B Visa Lawyer 

If you are interested in obtaining H1B Visa, Contact our Immigration Lawyer at New York City or Call us for an initial consultation at (212) 686-7782. We provide immigration services throughout the United States. For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

H1B1 VISA SPECIALTY OCCUPATIONS

The H-1B1 visa is similar to the H-1B and is for persons in "specialty occupations. This new category was created by the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement. 

In order to qualify for H-1B1 classification, the applicant must have theoretical and practical application of specialized knowledge and must have at least a US bachelors degree or its equivalent AND the job sought must require at least a bachelors degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the US. 

The spouse and unmarried children below the age of 21 are allowed to accompany or join the H-1B1 worker as H4 dependents. However, they cannot work unless they qualify for a work visa. H4 dependents can enroll and attend schools in the U.S. without obtaining a student visa. 

PROCESS 

Because the H-1B1 visa requires a U.S. sponsor, the applicant must obtain a written offer of employment from a U.S. employer. Unlike the H-1B, there is no need for the employer to file an I-129 Petition with the USCIS in the U.S. However, like the H-1B, a prevailing wage needs to be obtained and a Labor Condition Attestation (LCA) needs to be filed. 

DOCUMENTS 

Both the applicant and the employer are required to submit documents for the H-1B1 visa. 

The applicant is required to submit the following documents when applying for an H-1B visa abroad: 

 

  • A completed visa application (Form DS 160) with one recent photograph, 1 inches square (37mm x 37mm), of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • Photographs as per the specifications given on http://travel.state.gov/visa/frvi/frvi_3877.html

  • DS-157 Supplemental Nonimmigrant Visa Application is required of all men aged 16-45

  • A passport valid for travel to the United States for at least six months longer than your intended visit.

  • Proof of nonimmigrant intent.


THE EMPLOYER NEEDS TO PROVIDE THE FOLLOWING: 
 

  • Copy of the certified LCA.

  • Written offer of employment.


If you are interested in obtaining H-1B1 Visa, Contact our New York City Visa Attorney. Call us for an initial consultation at (212) 686-7782. We provide immigration services throughout the United States. For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

H2A VISA

The H2A Visa is the most functional of visa categories. It fills a specific need for the U.S. and for foreign nationals. The visa allows foreign workers entry to the U.S. to work in agriculture. Truthfully, the visa hasn't garnered much support in the community. Growers don't like the limits of the visa and advocates don't believe the laws give enough support to workers. 

The H2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer. Workers' spouses and unmarried children under the age of 21 are allowed to join them in the US under the H4 status. Dependents are not permitted to work, unless they personally qualify for a work visa. 

STEPS 

  • The first step is for the employer to apply for a Temporary Labor Certification from the US Department of Labor (DOL). The employer must meet all requirements of the DOL, and must prove that there are no U.S. workers available for the proposed position(s).

  • After approval of the application, the employer must attempt to recruit eligible US individuals for the proposed positions. After the recruitment process is complete, the DOL will subtract the number of accepted US workers from the requested amount of H2A workers. If no U.S. workers were able to be recruited, the employer will be eligible to apply for his/her requested amount of visas.

  • The employer will then petition for the agreed amount of H2A Visas with USCIS. After approval of this petition, foreign workers may apply to the consulate in their home nations.


DOCUMENTS 
The documents required for the petition process are: 

  • Form I-129/I-129H (Petition for non-immigrant worker) along with a fraud prevention fee of $150

  • A copy of the approved Temporary Labor Certificate.

  • A statement detailing the number of workers required.

  • An application including the workers' names and qualifications.


The documents required for the H2A Visa are: 

  • An approved temporary labor certification.

  • Application for Alien Employment Certification

  • Agricultural and Food Processing Clearance Order (Form ETA 790). Documents that support the required forms.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

H2B VISA

The H2B visa is for individuals who will be performing temporary nonagricultural services or labor. Temporary services or labor refers to any job in which the need for the duties to be performed is temporary. The employer's need for the services or labor should be a one-time occurrence, a seasonal need, a peakload need or an intermittent need. While only a few H2B Visas (66,000 per year) are issued each year, the visa is nonetheless useful. The H2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa. 

The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H4 status. Dependents are not permitted to work, unless they personally qualify for a work visa. 

STEPS: 

  • The first step is to apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). You must meet all requirements of the DOL.

  • The employer must then attempt to recruit eligible U.S. individuals for the proposed positions, and then employer must prove that there are no U.S. workers available for the proposed position.

  • Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then file the I129 - Petition for Non-Immigrant worker with USCIS requesting H2B worker.

  • After approval of this petition, you may apply at the consulate in your home country.


Documents for Filing with USCIS: 

  • An approved temporary labor certification.

  • Proof of your qualifications for the position.

  • A letter detailing the nature of the position.

  • Proof of the temporary nature of the position.

  • A letter detailing the nature of the temporary need for foreign workers.


Documents for Consular Process: 

  • A filled-in appropriate DS visa application Form. Separate applications for each person are compulsory.

  • One recent photograph as per the specification of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. You may refer to specification on this link http://travel.state.gov/visa/frvi/frvi_3877.html

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Approval Notice of Action from USCIS


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

H3 VISA

The H3 Visa is specifically designed to enable you to train in the U.S. in almost any discipline. The USCIS calls this loose classification, 'any field of endeavor'. This includes agriculture, technology, communications and governmental leadership. This loose classification does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H3 Visa. 

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H4 status. Family members are not permitted to work while in the U.S. 

STEPS 

  • The H-3 Visa is not self-petitioned. An employer must petition on behalf of you, the trainee.

  • The employer must provide certain evidence about the training, including a description of the training program, your compensation (if any) and reasons why you need the training.

  • The employer must then submit a petition on Form I-129 with the regional USCIS center that has jurisdiction over the place where the training will be offered.
     

Documents for Filing with USCIS: 

  • Proof that this training is not available in your home country.

  • Proof that this training will aid you in your career outside the U.S.

  • Proof that you will not engage in willful employment while in the U.S.

  • Proof that the training is formal in nature.


Documents for Consular Process: 

  • A filled-in appropriate DS visa application Form. Separate applications for each person are compulsory.

  • One recent photograph as per the specification of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. You may refer to specification on this link http://travel.state.gov/visa/frvi/frvi_3877.html

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Approval Notice of Action from USCIS


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

L1 VISA

The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The L-1 visa is open to international organizations with offices in the U.S., and who transfer employees to the U.S office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa. 

Two types of L1 Visa 

  • L-1A - Issued for employees working as an executive or manager for their company.

  • L-1B - Persons with specialized knowledge.


Two types of L1 procedures: 

  • Regular L1 visas - Applied for and approved for each individual by the USCIS.

  • Blanket L1 visas - Available to employers who hire large numbers of Intra Company Transferee's every year.


L1 Visa Requirements 

  • You must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years.

  • You must have worked for a "qualifying organization" outside the United States as an executive, manager or in a "specialized knowledge.

  • You are transferred to United States to work for a new or existing U.S. Business that is subsidiary, branch or affiliated company.


Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under L-2 status. The L-2 spouse is allowed to work provided that she/he first obtains employment authorization from the USCIS. L-2 spouse as well as L-2 children can attend school or college. Servants may be eligible for a B-1 visa with work authorization. 

L1 Visa Green Card 
L1 employees may apply for permanent residency without having process of labor certification and dependents of L1 can apply for the green card together with the principal employee but dependents must go through the labor certification process. 

L1 Visa Process Steps 
The employer must file a petition with the USCIS Regional Service Center with jurisdiction over the location of the position. These documents should be photocopies of the originals. The L1 petition can be premium processed which means that if an additional fee of $ 1000 is paid on top of the filing fee of $325 and the fraud prevention and detection fee of $500, the petition will be adjudicated within 15 days of being filed with the USCIS. 

The USCIS may request additional documents prior to either approving or denying the case. If it is a premium processing case, the request for additional documents or information must come within the 15 days. You will then have 12 weeks to respond. 

Once approved, the USCIS will forward the petition to the U.S. Consulate nearest your place of residence for review. If you are not in the U.S. when your petition is approved, you must get your visa stamped at the U.S. Consulate before being allowed to enter the U.S. Your employer will receive Form I-797, notice of approval. After receipt of the I-797, you must then file-in Form DS-160 at the Consulate. 

If approved, your visa will be valid for 3 years. Blanket Petition: A blanket petition eases the process of getting the L1 visa. If a company has been defined as a blanket petition entity by USCIS, the company can directly authorize L1 visas to eligible employees. 

L1 Visa Documents 
To apply for an L1 Visa, you must supply the following documents: 

  • A filled-in visa application Form DS-160.

  • The employee copy of Form I-797. The Notice of Action, this petition is filed-in to the USCIS by your employer.

  • Copy of USCIS Form I-129, and the L Supplement.


Your petition should show that both the U.S. and foreign-based company meet USCIS requirements for L1 status. The U.S. entity should be a branch office, subsidiary or affiliate of the foreign enterprise, and both companies should be actively engaged in business. 

The following documents may also be required: 

  • A letter from your prospective U.S. employer on company letterhead detailing your position and the U.S. operation's status.

  • Letters proving that the U.S. and foreign entities are engaged in business. These can be from attorneys, bankers or accountants.

  • Proof of the size and status of the U.S. and foreign entities.

  • Documents that detail the value of the applicant's skills in regards to the U.S. entity.


You, the employee, should provide the following documents: 

  • A resume or curriculum vitae.

  • Copies of passports for family members joining you.

  • Proof of education: degrees, transcripts, etc.

  • Reference letters from former employers.

  • Professional licenses, if applicable.


If you are coming to the U.S. to start a new office, you should also provide the following documents: 

  • Proof of a building or location for the new office. A lease will work for this.

  • Proof of your relationship with the foreign entity.

  • Proof of financial resoluteness. You must show that you can pay your U.S. employees and handle any other business costs.

 

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

O1 VISA

The O1 Visa is for outstanding individuals. The visa enables people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industry to enter the US for temporary periods of time. USCIS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers. To be considered an outstanding individual, you should be highly regarded in your field, and can only work in the U.S. in that area of expertise. 

Your spouse and unmarried children under the age of 21 may join you in the US under O3 status. While they may not work while in the U.S., family members are allowed to attend school. 

STEPS 

  • The O1 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent.

  • Your petitioner should file the Form I-129 with the USCIS having jurisdiction over the state in which you intend to work.

  • The form should be filed at least six months before you plan to begin working.

  • The petition must include a printed article or statement from either a person or group proficient in your field.

  • This person/group should support your status as a respected member of your field.


DOCUMENTS 
Applicants must provide the following documents: 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.


Your petitioner must also include the following documents: 

  • Your resume/CV and educational history. Proof of your eligibility. Evidence that proves you have received recognition or awards in your field.

  • Printed documents by previous employers or experts in your field that show your level of achievement in your field.

  • Employer financial information.

  • A letter from your employer detailing the work you intend to perform while in the US.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

O2 VISA
 

O2 visas are offered to support personnel of O1 Visa holders in the fields of athletics, entertainment, motion picture and television production. This status is not applicable to personnel in the sciences, business or education. 

Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under an O3 status. The petitioner should file a petition on their behalf. Your dependents must prove immediate relation to you. Though they are not allowed to work while in the U.S., dependants may attend school or college. 

STEPS 

  • The O2 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent.

  • Your petitioner should file a Form I-129 with the USCIS having jurisdiction over the state in which you intend to work. The form should be filed at least six months before you plan to begin working.

  • More than one O2 application may be included on the same petition, if all parties are helping the same O1 applicant for the same events or performances, during the same period of time and at the same location.


DOCUMENTS 
Applicants must provide the following documents at the U.S. Consulate when applying for the O2 Visa: 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Establishment of the demonstration of nonimmigrant intent. You must prove that you will return to your home country.

  • An official agreement between you and the petitioner detailing the terms and conditions of the services.

  • An agreement between you and the O1 visa holder that proves your professional relationship.

  • Proof of a previous professional relationship with the O1 visa holder.

  • Proof that you are capable of assisting the O1 visa holder.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

P1 VISA
 

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country's greatest thinkers and performers. P1 visas are issued to entertainers, circus artists, and athletes who wish to work in the U.S. Outstanding athletes may apply for this visa in order to compete in the U.S., either as individuals or as members of an internationally recognized athletic team. 

Entertainment groups with an outstanding international reputation can be granted P1 classification as a unit; however individual entertainers within these groups cannot apply for separate visas. Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P4 status. P4 visa holders are not allowed to work, but may attend schools or colleges. Servants of a P1 visa holder may receive a B1 visa with work authorization. 

STEPS 

  • Your employer must forward all necessary documents and evidence along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform.

  • A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf.

  • This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.


DOCUMENTS 
For the P1 Visa, you must provide the following documents: 

  • A filled-in visa application Form DS-160. Separate applications for each person are compulsory.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Proof that you are recognized in your field. This may include awards, citations and certificates.

  • Athletes and entertainment groups may be asked to provide further documentation.

 

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

P2 VISA
 

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country's greatest thinkers and performers. P2 Visas are issued to troupes or bands entering the U.S. as a part of an exchange program. There should be two organizations involved in this exchange program: one in the US and one abroad. Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P4 status. P4 visa holders are not allowed to work without being granted permission. 

STEPS 
Either the U.S. labor group that negotiated the exchange agreement, the sponsoring organization or the U.S. employer must file the petition. The petition should be filed to the U.S Consular office or U.S. Embassy, or to the branch of the USCIS with jurisdiction over the location where the troupe/band plans to perform. The application forms and relevant documents may be mailed or submitted in person. 

A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer. 

DOCUMENTS 
For the P2 Visa, you must provide the following documents: 

  • A filled-in visa application Form DS-160. Separate applications for each person are compulsory.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.



The petitioner must also provide documents that prove that the troupe/band are eligible for the visa. These documents include: 

  • Proof that all people involved in the program are artists or entertainers with talent.

  • An official letter from the sponsor(s) noting the details of the exchange program.

  • Proof that a labor organization mediated over the program.

  • An official affidavit that confirms the existence of the exchange program between the US and a foreign country.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

P3 VISA
 

The P3 visa is for artists or entertainers, individually or as a group, who are coming to the U.S. for developing, interpreting, representing, coaching or teaching a unique or traditional ethinic, folk, cultural, musical, theatrical artistic performance or presentation. 

The spouse and unmarried children under the age of 21 are permitted to accompany the P3 to the United States, under a P4 status. P4 visa holders are not allowed to work, but may attend schools or colleges. 

STEPS 

  • The sponsor must forward all necessary documents along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform.

  • A U.S. agent may file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf.

  • This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.


DOCUMENTS 
For the P3 Visa, you must provide the following documents: 

  • A filled-in visa application Form DS-160. Separate applications for each person are compulsory.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.


The following are also required: 

  • Affidavits, testimonials or letters from recognized experts attesting to the applicant's skills as well as the basis of the expert's knowledge of the applicant's skill;

  • Documentation that the performance is culturally unique;

  • Consultation from an organization with expertise in the individual's or group's skills;

  • Copy of the written contract between the performer(s) and the employer.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

visa will be made. 

 

R1 VISA

R1 Visas are available to members of the clergy and also to key employees of religious organizations. The R1 Visa enables religious workers to temporarily enter the United States. A cis defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers. 

A religious occupation is defined as a continual engagement in an activity related to a traditional religious function. This definition includes liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators and religious broadcasters. However, it doesn't include janitors, maintenance workers, clerks, fund raisers or solicitors of donations. 

The spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S., but may attend school. 

STEPS 

  • The petitioning organization files an I -129 petition along with supporting documentation with the USCIS.

  • Once the petition has been approved, the Beneficiary of the approved petition applies for the R1 Visa at the US Embassy or Consulate with jurisdiction over the place of his/her permanent residence.

  • One does not need to maintain a residence abroad which one has no intention of abandoning, but must intend to leave the U.S. at the end of your Rl status.


DOCUMENTS 
To get a list of documents that must be submitted at the time of interview, please visit the website for the U.S. Consulate where the visa application is being submitted. 

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

TN VISA
 

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the US under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a NAFTA-approved professional occupation. 

The following are the requirements to be eligible for the TN Visa: 

  • The profession be on the NAFTA list.

  • The foreign national must possess the necessary training for that profession.

  • The proposed position must be classified as a professional position.

  • The foreign national must work for a US employer.

 

Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD visas. Family members are not required to be Canadian or Mexican citizens, and are eligible to remain in the U.S. for the duration of the TN Visa holder's stay. They may either accompany the TN Visa holder to the U.S. or come at a later time. 

TN VISA 
Canadian applicants may apply for the TN Visa either at a port of entry or at a preclearance station and must provide the following information: 

  • Proof of Canadian citizenship.

  • A offer of employment letter from the sponsoring employer detailing the duties to be performed.

  • Copies of all relevant college degrees and employment records. This data should prove the applicant is sufficiently qualified for the proposed position.

  • A processing fee of $50


Mexican citizens must apply for the TN visa at a U.S. Consulate and must provide the following information: 

  • A valid passport.

  • Visa Application form.

  • Letter of employment from a U.S. employer indicating the position and why the position requires a professional.

  • Evidence that the applicant is a professional.
     

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made.