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Visa Overview |
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Introduction A visa is simply a stamp placed in a person’s passport by a U. S. Consulate. These Consulates are located outside of the U.S., and an individual must obtain the stamp, or visa, before leaving for the U.S. At the U.S. port of entry, the immigration officer stamps the individual’s I-94 Form with the corresponding alphabetic designation. A visa is a permit to cross the border. Once across, the I-94 Form is the permit, but the I-94 Form is not a visa. The visa can be a non-immigrant or immigrant visa. A non-immigrant is someone who is granted entry into the United States on a temporary basis. Likewise, an immigrant is an individual who intends to reside in the U.S. permanently. If a person in the U.S. is not a non-immigrant or an Immigrant, the individual must be a U.S. Citizen. These are the only three allowable categories of people living in the U.S. The visas utilized in contract staffing are the non-immigrant visa classifications. In order to facilitate staffing needs of U.S. companies, many individuals are issued temporary business visas to work in the U.S. Although there are many different types of visas, some of the more common visas are briefly discussed below. Common
Visa Descriptions E-1: The E-1, or Treaty Investor visa is issued for individuals on extended stay in the U.S. for overseeing or working for an enterprise in the U.S. that is engaged in trade between the U.S. and a treaty country or a country that represents a major investment in the U.S. F-1: This visa is available to persons seeking to enter the United States for the purpose of engaging in a full-time academic program. While a foreign student is participating in a full-time academic program, or immediately upon graduation, the student may apply for a period of practical training. The requirements are essentially that the practical training must be related to the course of study the student is pursuing. The school will certify that the sought after practical training will benefit academic training as well. Most schools have a student advisor to assist foreign students with all the required paperwork. The practical training period lasts 12 months H1B: This is one of the most important non-immigrant visas available to qualified foreigners who want to come to the United States to perform services in a "Specialty Occupation." Specialty occupation is defined as an occupation which requires theoretical and practical application of highly specialized knowledge in such fields as architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. It also requires at least a bachelor’s degree or higher in the specific specialty or its equivalent H-4: This is a Visa for the spouse of an H-1 Visa. This visa does not give employment authorization. J-1: This visa assumes the foreign employee will be actively engaged in on-the-job training and the employer will be gaining some productive benefits from the foreign employee’s activities. One of the most unusual characteristics of this visa category is that the foreign exchange visitor will be barred from filing a permanent visa petition or applying for a change of status to H or L for a period of two calendar years from the date of United States training completion. There is a Foreign Residency Requirement. This requirement states that the visa applicant may have to go back to their country of origin for 2 years before applying for a renewed visa. L-1: The L-1 visa is one of the most flexible and sought-after temporary visas which provides for employment. The purpose of the L-1 visa is to facilitate in the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. The prior employer/foreign company must be related to the United States company, either as a subsidiary, affiliate or division. K1: This is a fiancée visa. It gives someone the right to come into the country for 90 days. During this 90 days they MUST get married. When they enter the country they can apply for and received the Employment Authorization Card. The EA Card is good for 90 days. When they actually get married, they petition the INS and they are granted a conditional status for residency. At the end of two years they petition the INS again and they are granted a permanent residence IF they can prove they have lived together as man and wife. (Tax returns, joint bank accounts, children with birth certificates, etc.). TN: The Trade NAFTA Professional visa (TN-1 for Canadians and TN-2 for Mexicans) is a non-immigrant visa issued to particular Canadian and Mexican citizens. TN visas are granted for one year increments. Evidence must be submitted at the Port of Entry to show that both the intended U.S. business activity and the application qualify under Schedule 2 of NAFTA.
Common Visa
Questions What is the difference between a
visa and a "Green Card?" What are the various methods to obtain lawful
permanent residency in the United States? What happens if the candidate is terminated by
the client? What are the basic requirements for obtaining
permanent residency through employment? What are the time frames involved?
NOTICE: Top Echelon has provided the content of this page for general informational purposes only. You should not substitute this information for personal consultation with a qualified professional in the field, nor should you rely upon this information in taking any action. No attorney-client relationship will be created through your use of this Web site, nor from any response from or conversation with Top Echelon's Legal Department. |
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Echelon® Network, Inc. • P.O. Box
21390 • Canton, OH 44701 |
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