| Visa |
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Types of Visa |
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Student Visa |
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Business (B1) & Visitor (B2) Visa |
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L-1 & L-2 Visa |
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H1B & H4 Visa |
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Spouse (K3) Visa |
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| Student Visa Overview in USA |
Hundreds of thousands of people come to the United States from around the world for a higher education to improve their skills and broaden their minds. Numerous programs provide a wide variety of opportunities. There are three major types of student visas that an international student can come on to the United States to study.
Student visas are issued for the period it takes the visitor to complete his/her course of study, program or work assignment. |
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| The 3 Types of non-Immigrant Student Visa |
(1) F1 Visa: Academic Studies
For people who want to study or conduct research at an accredited U.S. College or University. In order to be qualified for getting an F1, you must be accepted by an recognized university as a full time student. You must also prove the sufficient proof of financial support during this stay in United States. Except for the training required by the course a F-1 holder cannot work in the United States.
(2) J Visa: Academic Studies as an Exchange Visitor
For people who will be participating in an exchange visitor program in the U.S. The “J” Visa is the primary visa for educational and cultural exchange programs. Check out the details about working in the U.S. with your program sponsor.
(3) M Visa: Non-Academic or Vocational Studies
For people who want to study or train at non-academic institutions in the U.S. such as vocational schools.
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| Steps to Acquiring a Student Visa |
| This section seeks to help students going to the U.S. for further studies on F1 visa: |
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| Step 1: Take The Required Academic Test for Planned Education |
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| (1) Figure out what test you need to take |
| (2) Register for the test |
| (3) Take and pass the test in home country |
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| Step 2: Register at an accredited U.S. College or University |
Find a University you would like to Attend in the United States .
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| See tips on finding a suitable university for you. |
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| (1) Apply to the College/University |
| (2) Fulfil all formalities of registration |
| (3) Obtain an I-20 |
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(After all your registration formalities has been completed the College / University will send you an I-20 which you will need while applying for the visa.) |
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| Step 3: Apply for the Student Visa |
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(1) you will apply for the student visa and go through a visa interview at a US consulate in your home country. |
(2) If your immediate family is coming to USA with you on a Student Dependant Visa, then apply for their visa at the same time as yours. |
(3) Visa will be issued for the duration mentioned on your form I-20. (In practice most students get five- year visas irrespective of the duration mentioned on the I-20). |
(4) If you are refused a visa, you can apply again and again. There is no limit to the number of times you can apply for a visa. |
(5) Having relatives or family in the US does not disqualify you for a US visa. |
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| Step 4: Get the Visa stamped |
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Step 5: Communicate with your College/University for important information and key dates. |
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| USA Visitor Visa |
Visitor or Tourist Visa is a non-immigrant visa issued to people entering U.S. temporarily for business (B1), or for pleasure/ tourism/medical treatment (B2). These are generally issued up to a period of 3 months to 10 years. An additional extension of 6 months can be obtained based on the approval by the INS, while the visitor is in USA (at the port of entry). |
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| You May not Need a Visitor Visa if... |
Note: Foreign travelers who are citizens from certain eligible countries, may not need Visitor/Business visa to visit the U.S. They can enter USA without a visa under the Visa Waiver Program. |
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| The following countries participate in the Visa Waiver Program: |
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Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (For citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.) |
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| Qualifying For Visitor Business (B1) visa? |
| Applicant must demonstrate that : |
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| The purpose of their trip is to enter the U.S. for business; |
| That they plan to remain for a specific, limited period; |
| Evidence of funds to cover expenses in the United States; |
| Evidence of compelling social and economic ties abroad; and |
| That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit. |
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| What you ought to know about B-1 visa: |
(1) Business visa (B-1) is meant for business purpose only. Legally, you are not allowed to work in the USA as a B-1 visa holder. |
(2) You are allowed to rent an apartment on B-1 visa. You might be required to show a recommendation letter from your company, and proof of your identity (i.e. your passport). |
(3) You may open a bank account by showing proof of your identity (passport). |
(4) You can get the ATM or debit card, from the bank in which you have opened your account, but not a credit card. Though most places ATM card can be used. |
(5) You can rent a car, only if you have a valid driving license from your country (IDP or State Driving License). However, some US states insist on having a IDP (International Driving Permit). |
(6) Initially you can drive in any US state on your IDP or State driving license, for a limited period of time. Rules vary from state to state. Confirm this from your local DMV office. |
(7) You can't join any educational institute on B-1 visa. |
(8) You can get a telephone/ cable connection installed in your apartment. |
(9)You cannot convert B-1 to H-1 status, while you are in USA. |
(10) B-1 visa can be extended for the maximum of total 1 year stay in USA. |
(11) You are not liable to pay any taxes on your allowances, since it is not a salary. |
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| Qualifying For Visitor (B2) Visa? |
| This is how the consulate defines the qualification for the visitor visa grant: |
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"Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. |
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Therefore, applicants for visitor visas must overcome this presumption by demonstrating that: |
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The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment. That they plan to remain for a specific, limited period. |
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That they have a residence outside the US as well as other binding ties which will insure their return abroad at the end of the visit. |
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All visitor visa applicants require to be interviewed at a US Consulate, before being granted a visa. Applicants need to appear in person for the Interview at a US consulate. A prior appointment is must for this purpose. |
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People who wants to visit USA for certain kinds of “business” related travel can apply for Business vis known as B-1 Visitor visa. The defication of “business” under immigration law is limited to : |
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The term "business" is limited to the negotiation of business contracts. |
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| (1) Consultation with business associates, litigation. |
(2) Participation in scientific, educational, professional or business meetings, conventions, conferences or seminars and other legitimate activities of a commercial or professional nature. |
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The length of business visa can be few days to 10yrs multiple entry. The actual stay of each visit is given at the port of entry while you enter into USA. Generally each visit can not be more then 6 months. |
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All visitor visa applicants require to be interviewed by a US Consulate, before being granted a visa. Applicant need to appear in person for the Interview at consulate. A prior appointment is must for this purpose. |
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| How to go about Applying for a Visitor (B2) Visa for USA? |
1. Sponsored Trip: If the Applicant’s has child or relatives lives in USA, they can sponsor the visa for the applicant. |
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Sponsor: Any US based person can sponsor visa for his/her parents, relatives, Friends. |
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Liabilities of sponsor: Sponsor needs to provide affidavit of support form stating and assuring to take the liabilities of expenses required for applicant’s trip.
Other then this they also need to provide some other documents required to support their claim as sponsor.
Sponsoring does not guarantee the visa grant. Individual applying for visa must meet the criteria, set for US visitor visa. |
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2. Self Sponsored: You can be a self sponsor for your trip. You must have sufficient funds and proof of financial capability that can justify your trip expenses. |
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| L-1 & L-2 Visa |
L1 visa is an intra company transfer visa. It is a permit to work for a company in USA, to which you are transferred from the parent or the sister concern company of your country. |
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| What are the required conditions? |
L1 visa is filed by your company, and needs to be approved by the USCIS. The requirements for L1 visa are: |
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(1) It can be issued only to an L1-A(Executive, Manager) or to a person with L1-B(specialized knowledge worker). |
(2) Individuals cannot apply for an L1 visa. Your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship. |
(3) The person must have worked for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate. |
(4) The person must have worked for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate. |
(5) Maximum limit for L1(A) visa is 7 years for executives, and managers. And 5 years for people with specialized skills L1(B). |
(6) The L-1 petition must specify, that both the U.S. and the parent company involved are qualified organizations. |
(7) A letter from US based company, justifying the need of the person. |
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Can a L1 visa be issued, if the person is chosen to set up a office in USA? |
Yes, one can also be given L1 visa, if he is sent to set up an office in US for his company. |
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| In this situation the conditions to be fulfilled are: |
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(1) The concerned company must have proofs for sufficient funds, in order to maintain a US office. |
(2) The company has to give the proof of the infra structure in USA, in order to run the business.
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| Difference between the L-1A Visa and the L-1B Visa |
The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status. The L-1B Visa is for key employees (accountants, computer programmers, etc.). |
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| H1B & H4 Visa |
H1B Visa: It is employment based, non immigrant visa category for temporary workers.H1b is a employer sponsored visa category i.e. an employer must offer a job and apply for your H1 visa petition with US immigration dept. This approved petition is a work permit allows you to get visa stamp and work in USA for that employer.
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| Eligibility? |
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H1B is issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with at least a bachelors degree or its equivalent. |
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| Total Quota: Currently H1B Total Quota is 65,000 |
Note: H1 quota is over for this year,new Quota will be available from every Month of April. |
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There is an additional 20,000 quota for qualified people who have done there Master degree from USA. This quota is independent and additional to general 65,000 quota. |
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What is the USCIS Fee for filing for H1B Petition. ( paid by employer/H1 Sponsor) |
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Filling Fee between $1440 to $ 2190. $1440 (For petitioners who employ no more than 25 full-time equivalent employees,including any affiliate or subsidiary) and $2190 for employer who has more then 25 fulltime employees. |
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| Lawer fee may be extra on top of this fee. |
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| Limit of H1B Visa. |
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Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for increment of up to 3 years. |
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| Travel? |
H1B visa can be multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity. |
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| Work? |
H-1B aliens may only work for the petitioning U.S. employer, and employer may place the H-1B worker on the work site of another employer. |
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| Family Status? |
The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H1B status. |
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| Permanent Residency (Green Card)? |
An H1B holder is eligible to seek, permanent residency to USA |
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| Changing Employer ? |
H1B Can be transferred, to a new Employer. You can also start working for new Employer upon the receipt of H1 transfer case. |
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| Buying Property? |
| (1) H1B holder can buy or sell real estate or any other property in USA. |
| (2) You can buy lottery or win lottery. |
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| What if circumstances change? |
As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer �s business will not affect the alien �s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation. |
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| Must a H-1B holder be working at all times? |
As long as the employer/employee relationship exists, an H-1B holder is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status. |
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| H4 Visa |
H4 visa is for the dependent family members of H1 visa holders who would like to join the H1 holder in the United States to stay for the H1 Visa period. Immediate family members like spouse and children under 21 yrs can qualify for this visa and can apply at the home country US Consulate.
If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both of your applications together. |
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As a H-4 visa holder, you're not authorized to be employed in the US and are not eligible to get a Social Security Number. Although, you can get a drivers license, open bank account(s) and are eligible for an ITIN (Tax ID for IRS Tax purposes). |
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| Bringing your Spouse to the United States Through (K3) Spouse Visa |
| Ways to Bring Your Spouse to the United States |
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If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live: |
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| One way is through an Immigrant visa for a Spouse of a U.S. Citizen |
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| Step 1: File An Immigrant Petition for Alien Relative |
The Us Citizen files I-130 petition at a USCIS field office in the United States.
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Step 2: Get Immigrant Visa 25 |
| Once the petition is approved go for Consular processing at a US consulate in home country and get the immigrant visa. |
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Step 3: File for EAD (Employment Authorization card)
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| Step 4: File for Social Security Number at the social security office. |
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| Another way is through the Non-immigrant visa for spouse (K-3 Visa) |
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The K-3 Visa is a non-immigrant (temporary visiting) visa for a spouse of a U.S. citizen to come to the US, while his/her permanent stay case is still pending. The K-3 visa must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. |
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| Step 1: File for K3 visa at nearest US consulate ( unmarried Children of spouse, age under 21 can get K4 Visa) |
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Step 2: After coming to USA file for Adjustment of status (AOS) by filing I-485. |
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| Step 3: File for EAD (Employment Authorization card) |
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| Step 4: File for Social Security Number at the social security office. |
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| We are assisting all kind of Visa in all Country that you may require, Please feel free to contact Mr. Ramchandra Prajapati on mobile 9824002369 or mail at hitarthitravels@yahoo.com at any time. |