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USA Visa Advisory

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A citizen of a foreign country who seeks to gain entry to the USA for either work, business or education must first obtain a US visa, accompanied by other documents issued by the country’s nationality.

CATEGORIES OF US VISAS

  • Nonimmigrant (IV)-Visa issued to a person with permanent residency outside the USA but wishes to be in the US for a temporary basis either for medical treatment, tourism, business, temporary work, or study
  • Immigrant (INV) -Visa issued by the US department of state that allows you to travel to the US to apply for admission as a legal permanent resident for work and study.

    • TYPES OF VISAS

    • Study Visa/
    • Employment Visa/
    • Immediate relative and family visas.
    STUDY VISA

    To study in the US one must have a student visa, the course of study and school will determine whether one requires either an F visa or M visa.
    To attend university/college, high school, seminary, conservatory, another academic institution (language training program) one requires an F Visa, on the other hand, vocational or other recognized nonacademic institution, other than a language training program require an M VISA.

    New students visa application process can be issued up to 120 days in advance of the start date for a course study. However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.
    On the other hand, continuing student visas may be issued at any time, as long as the student is currently enrolled at a SEVP- approved school or institution and in SEVIS Continuing students may enter the United States at any time before classes start.
    All foreign students in the United States with an F visa must depart the US within 60 days after the course program end date listed on Form 1-20 including any authorized practical training. However, they may request an extension through U.S. Citizenship and Immigration Services (USCIS).
    Students can study and work during their study in the United States.

    Spouses and children

    If studying in the United States your spouse, unmarried, and minor children can reside with you during your study on an F-2 or M-2 visa. It is also important to note that minor children are permitted to attend school while you study.

    EMPLOYMENT VISA

    Generally, a citizen of foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.
    Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite.

    TEMPORARY WORKER VISA CATEGORIES

  • H-1B: For working in a specialty occupation:Requires a higher education degree or its equivalent including fashion models of distinguished merit and ability and government –to – government research and development, or co-production projects administered by the Department of Defense.
  • H-1B1: (Free Trade Agreement) FTA:Requires a post – secondary degree involving at least four years of study in the field of specialization
  • H-2A: (Temporary Agricultural worker): For temporary or seasonal agricultural work.
  • H-2B: (Temporary Non- agricultural worker): For temporary or seasonal non-agricultural work.
  • H-3: To receive training, other than graduate medical or academic, that is available in the trainee’s home country or practical training programs in the education of children with mental, physical or emotional disabilities.
  • L Intracompany Transferee: For working at a branch, parent, affiliate or subsidiary of the current employer in a managerial or executive capacity or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
  • O: For individuals with extraordinary recognized achievements or abilities in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in the their field of expertise or achievement in the sciences, arts, education, business, or athletics.
  • P-1: To perform at a specific athletic competition as an athlete or as a member of an entertainment group, also includes persons providing essential services in support of the above individual.
  • P-2: To perform either as an artist or entertainer under a reciprocal exchange program between an organization in the United States and an organization in another country.
  • P-3: To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation.
  • Q-1: For practical training and employment and for sharing of the history, culture and traditions of your home country through participation in an international cultural exchange program.
    • NOTE:Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the department of labor on your behalf before filing the petition for nonimmigrant worker, Form 1-129, with USCIS.
    Nonetheless, temporary worker categories are limited in total number of petitions which can be approved on a yearly basis.

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