Who is Eligible? This visa applies to individuals who, for at least two years immediately preceding the time of application for admission, have been a member of a religious denomination having a bona fide, nonprofit religious organization in the United States, may be admitted temporarily to the United States to carry on the activities of a religious worker.
The alien must be coming to the U.S. for one of the following purposes: solely to carry on the vocation of a minister of the religious denomination; to work for the religious organization at the request of the organization in a professional capacity; or to work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.
How to ApplyThe sponsor will file a petition with the INS Regional Service Center having jurisdiction over the organization. The Religious Organization must be a bona fide Religious nonprofit organization in the U.S., the Organization may show tax exemption under the Internal Revenue code, 501(c)(3). The Applicant will need to document that he or she was a member in the same religious denomination as the sponsoring organization for a two-year period immediately preceding the application.
Factors to consider in determining a bona fide religious denomination are:
Presence of some form of ecclesiastical government
A recognized creed and form of worship
A formal code
Religious services
Ceremonies
Establishment of place of worship
A religous congregation
Duration of Visa
An R-1 visa may be valid for a period up to 5 years.
Wednesday, March 5, 2008
GREEN CARDS CATEGORIES
Employment-based green cards are granted in the following categories:EB 1 - First Preference (a) Persons of Extraordinary Ability(b) Outstanding Professors and Researchers(c) Multinational Executives and Managers No Labor Certification is required for these categories. For persons of extraordinary ability in the sciences; arts, education, business, and athletics, a job offer is also not required.EB2 - Second Preference(a) Persons of "exceptional ability" in the sciences, arts, or business.(b) Advance degree professionals. Job offer and also Labor Certification are required in this category. Job offer can be waived in the national interest, in which case Labor Certification is also not required.EB3 - Third Preference(a) Professionals with bachelor's degrees(b) Skilled workers(c) Unskilled workers The beneficiary should have a job offer and the employer should have completed the Labor Certification process. EB4 - Fourth Preference Special Immigrants and Religious Workers EB5 - Fifth Preference Investors in commercial enterprises.
PERM LABOR CERTIFICATION
PERM, Labor Certification
Most people apply for a green card through labor certification process if currently employed. The two main categories for employment based immigration that require labor certification are EB2 and EB3. Within these two categories, there are many sub-categories for professionals holding advanced degrees, aliens of exceptional ability, baccalaureate degree holders, skilled workers and other workers.
The key of the process is to convince the Department of Labor that no qualified U.S. worker is willing to take your job. In other words, the hiring of you, an alien, will not adversely affect the job opportunities, wages and working conditions of U.S. workers.
There are certain risks associated with labor certification application. The main one is that you might be replaced if a qualified U.S. worker (citizen or green card holder) is found. We suggest everyone going through the labor certification application know the process. Therefore, you will have some control of the process to avoid the risks.
Labor certification application requires employer's sponsorship. This does not mean that you can not do it yourself. It only means that a representative of the employer has to sign the forms. You can prepare the forms and all other documents.
On March 28, 2005, the Department of Labor started the new labor certification system, PERM, which will streamline the labor certification process and make it faster. However, attorneys, law firms can NOT register to use the on-line system. You have to be applied by the employer directly.
Most people apply for a green card through labor certification process if currently employed. The two main categories for employment based immigration that require labor certification are EB2 and EB3. Within these two categories, there are many sub-categories for professionals holding advanced degrees, aliens of exceptional ability, baccalaureate degree holders, skilled workers and other workers.
The key of the process is to convince the Department of Labor that no qualified U.S. worker is willing to take your job. In other words, the hiring of you, an alien, will not adversely affect the job opportunities, wages and working conditions of U.S. workers.
There are certain risks associated with labor certification application. The main one is that you might be replaced if a qualified U.S. worker (citizen or green card holder) is found. We suggest everyone going through the labor certification application know the process. Therefore, you will have some control of the process to avoid the risks.
Labor certification application requires employer's sponsorship. This does not mean that you can not do it yourself. It only means that a representative of the employer has to sign the forms. You can prepare the forms and all other documents.
On March 28, 2005, the Department of Labor started the new labor certification system, PERM, which will streamline the labor certification process and make it faster. However, attorneys, law firms can NOT register to use the on-line system. You have to be applied by the employer directly.
H1B VISA
The H1B Visa Program is the official and primary USA work visa / work permit.
The US Government offers the H1B visa to enable highly skilled International Workers and International Students, from all over the World, or already in the USA, the opportunity to legally live and work in America.
The H1B Visa Process:
- To obtain an H1B visa, every applicant must, first, find a job with an H1B visa employercompany in the USA; commonly known as your 'H1B sponsor'. - Your H1B employer then applies for / files your H1B visa application. Individuals can NOTsponsor or apply for their own H1B visa - ONLY your new employer (sponsor) can. - An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife)and children to accompany you and 'live' in America. - One of the main advantages of the H1B visa (USA work permit) is that it is a 'dual intent'visa which means that you can apply for a Green Card (Legal Permanent Residency).
The US Government offers the H1B visa to enable highly skilled International Workers and International Students, from all over the World, or already in the USA, the opportunity to legally live and work in America.
The H1B Visa Process:
- To obtain an H1B visa, every applicant must, first, find a job with an H1B visa employercompany in the USA; commonly known as your 'H1B sponsor'. - Your H1B employer then applies for / files your H1B visa application. Individuals can NOTsponsor or apply for their own H1B visa - ONLY your new employer (sponsor) can. - An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife)and children to accompany you and 'live' in America. - One of the main advantages of the H1B visa (USA work permit) is that it is a 'dual intent'visa which means that you can apply for a Green Card (Legal Permanent Residency).
M - VISAS
The US government provides an unlimited number of student visas to full-time academic or language students (F-1 visas) and full-time vocational or nonacademic students (M-1 visas) pursuing course work leading to a degree or certificate.
Length of Visa: for the length of the program. M-1 visas have a maximum limit of one year.
Quotas: none
Visa Extensions: as necessary for completion of studies
Accompanying Relatives of F-1 and M-1 visa holders are eligible for visas. They may stay in the U.S. but not work there.
In order to qualify you must:
(1) be enrolling full-time in a US accredited school leading to an educational or vocational degree
(2) demonstrate a working knowledge of English sufficient to engage in English-only classes
(3) show evidence of sufficient monetary resources to study full-time without working
(4) intend to return home upon completion of your studies
Length of Visa: for the length of the program. M-1 visas have a maximum limit of one year.
Quotas: none
Visa Extensions: as necessary for completion of studies
Accompanying Relatives of F-1 and M-1 visa holders are eligible for visas. They may stay in the U.S. but not work there.
In order to qualify you must:
(1) be enrolling full-time in a US accredited school leading to an educational or vocational degree
(2) demonstrate a working knowledge of English sufficient to engage in English-only classes
(3) show evidence of sufficient monetary resources to study full-time without working
(4) intend to return home upon completion of your studies
Tuesday, March 4, 2008
J -1 Visa, Exchange Student
The J-1 student visa is issued to an individual who wants to take part in an exchange visitor program in the United States
An overview of J1 visa:
J1 visa is a non-immigrant student visa category reserved for foreign nationals who
will be participating in an exchange visitor program, commonly called an internship program, in the
The J-1 visa holders are known as exchange visitors, as they are engaging in an established “J exchange program” pre-approved by the US Department of State. The "J exchange program" aims at promoting the interchange of persons, knowledge, and skills in the areas of education, arts, and sciences.
The J-1 visas are of two types;
- The visas that do not have “HRR” (Home Residency Requirement) restriction.
- The visas that contain the "HRR" restriction.
The J1 visa is generally issued to the secondary school and college students, trainees in flight aviation programs, business trainees, primary and secondary school teachers, research scholars, college professors, short-term scholars, medical residents, international visitors, certain specialists, au pairs, camp counselors, and government visitors.
The J1 exchange visitors are usually admitted for the duration of their program. The final decision on how long a J1 status holder can remain in the country is made by the USCIS official at the port of entry or airport.
The J1 status holders who are subject to INA §212(E) can change their status from J1 to F1 visa or O1 visa status, but have to apply from their home country or through a third country.
One can enjoy the following privileges on J-1 visa;
- A J-1 holder can travel in and out of the country (on short trips) or remain in the country continuously till the completion of his/her internship program.
- A J-1 visa holder is able to apply for dependent visas for his/her spouse as well as children.
- The visa holders can participate in employment, if that service is part of their approved program, OR if they receive consent to work from the official program sponsors.
- The J-1 visa holders are also able to apply for and receive work permits (employment authorization) for accompanying relatives.
Documents required for applying J1 visa:
To apply for visa, the documents required include:
- Completed USCIS Request Form DS-2019;
- Three copies of Certificate of Eligibility for Exchange Visitor Status obtained from the sponsor;
- Records and certificates from previous institutions attended;
- Proof of financial support. It is essential to show that you have enough funds to cover your tuition and living expenses during the period of your intended study;
- Completed Form DS-156/DS-157 (nonimmigrant visa application form);
- Completed Contact Information and Work History for Nonimmigrant Visa Applicant (Form DS-158) with photograph; and
- Original passport valid for at least six months after your planned date of entry into the
Note: The applicants must submit their forms to the local USCIS field offices, if they are in a lawful status in the
In general, the approval of a J1 visa takes 30 days from the date of submission. Depending upon the backlog at the
Visa for J1 family members:
The dependents of a J1 exchange visitor receive a J-2 visa status. This non-immigrant visa is appropriate for the spouse and unmarried children (below age of 21 years), who wish to accompany the J1 holder to the
If you would like assistance preparing your J-1 visa application, please contact us. For further information, email us with questions.
F-1 Visa, Applying from Abroad
If you are applying for an F-1 Student Visa from your home country, you will begin by selecting a school in the U.S. where you want to study and applying to the school. You may also want to begin looking into housing information at this time. If your application is accepted you will obtain Form I-20 from the DSO (Designated School Official) and pay the I-901 SEVIS receipt. You will be added to the SEVIS database with an individual ID number.
After the school enters your information into the SEVIS database, you will receive Form I-20 and schedule the "Initial Entry Visa Interview" with your local U.S. Embassy or Consulate. Please check with your U.S. Embassy or Consulate to determine their policies and procedures. You can check the U.S. Department of State website and select your city, then click the link for visa information. Wait times for student visa appointments at embassies and consulates world-wide can be found at Travel.State.Gov. Student Visa interviews will require the following documentation:
* Your Form I-20
* SEVIS I-901 receipt
* Signed passport (must be valid for 6 months after entry into the US)
* Transcripts or diplomas from current or previous institutions
* Program of study description
* Accommodation information
* Evidence of funds to cover tuition and living expenses for either the length of your study or one year, whichever is shorter.
* Your local US Embassy/Consulate might require additional forms such as DS-156, DS-157A, DS-158A. They are available online or at your local embassy/consulate.
Once you are granted a U.S. entrance visa, notify the school of your expected arrival date, and obtain a new I-20 if the dates have been deferred. Also, be sure to confirm your housing and transportation arrangements in advance of your departure from your home country. Keep in mind that you can enter the U.S. no more than 30 days before your program start date.
Upon arrival at a United States Port of Entry you must present:
* Your Form I-20, signed by the DSO of the school you will attend
* Your I-94
* A valid visa containing your SEVIS identification number and the name of the school you will be attending (BIR)
* Financial documentation
* A valid passport
The Customs and Border Protection inspector will stamp your Form I-20 and Form I-94 (Arrival-Departure Record Form) after determining that you are eligible for entry. This document is proof that you entered the U.S. legally. You should keep the Form I-94 safe throughout your stay in the U.S.
After the school enters your information into the SEVIS database, you will receive Form I-20 and schedule the "Initial Entry Visa Interview" with your local U.S. Embassy or Consulate. Please check with your U.S. Embassy or Consulate to determine their policies and procedures. You can check the U.S. Department of State website and select your city, then click the link for visa information. Wait times for student visa appointments at embassies and consulates world-wide can be found at Travel.State.Gov. Student Visa interviews will require the following documentation:
* Your Form I-20
* SEVIS I-901 receipt
* Signed passport (must be valid for 6 months after entry into the US)
* Transcripts or diplomas from current or previous institutions
* Program of study description
* Accommodation information
* Evidence of funds to cover tuition and living expenses for either the length of your study or one year, whichever is shorter.
* Your local US Embassy/Consulate might require additional forms such as DS-156, DS-157A, DS-158A. They are available online or at your local embassy/consulate.
Once you are granted a U.S. entrance visa, notify the school of your expected arrival date, and obtain a new I-20 if the dates have been deferred. Also, be sure to confirm your housing and transportation arrangements in advance of your departure from your home country. Keep in mind that you can enter the U.S. no more than 30 days before your program start date.
Upon arrival at a United States Port of Entry you must present:
* Your Form I-20, signed by the DSO of the school you will attend
* Your I-94
* A valid visa containing your SEVIS identification number and the name of the school you will be attending (BIR)
* Financial documentation
* A valid passport
The Customs and Border Protection inspector will stamp your Form I-20 and Form I-94 (Arrival-Departure Record Form) after determining that you are eligible for entry. This document is proof that you entered the U.S. legally. You should keep the Form I-94 safe throughout your stay in the U.S.
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