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NON-IMMIGRANT VISAS TO THE U. S.
What is a Non-Immigrant Visa? A nonimmigrant visa is most frequently a tourist, business, student, or work visa that will permit the applicant to stay for a particular period of time in the United States to accomplish a specific purpose, such as visiting, studying, or working.
Visa Validity w A visa's validity is the time period that a visa may be used to apply for admission to the U. S. w For instance, a businessman who receives a 10 year multiple entry visa has a 10 year period during which he or she may apply for admission to the U. S. w ***It does not mean one can go to the U. S. and live there for 10 years. ***
Visa Validity Cont. w. Upon arrival in the U. S. , an immigration officer will 1)actually decide whether to authorize the traveler's admission to the United States 2) and determine the period of authorized stay.
Port of Entry w Applicants should be aware that a visa does not guarantee entry to the United States. w At the port of entry, an immigration officer may deny entry to the holder of a valid visa if the traveler's activities do not appear to agree with the specified visa category.
BUSINESS B 1/B 2
B 1/B 2 Visa - Business Acceptable B 1/B 2 Activities 1. Selling An individual traveling to the United States Ø to take part in an exhibition, Ø to set up an exhibition booth, Ø to display samples, Ø to sign contracts, Ø to take orders for merchandise produced.
B 1/B 2 Visa – Business Cont. *** The holder of a B-1 visa may not actually sell or take orders for merchandise produced in the United States.
B 1/B 2 Visa – Business Cont. 2. Conference Participants in scientific, educational, professional, or business conventions, conferences or seminars may travel to the United States on B-1 visas
B 1/B 2 Visa – Business Cont. 3. Business venture w The B-1 visa is the appropriate visa classification to travel to the United States to survey potential sites for a business and/or to lease premises. w ***However, the holder of a B-1 visa may not remain in the United States to manage the business.
TEMPORARY WORK VISA (H VISAS)
H – Temporary Work Visa w Intention of working in the United States temporarily in specific prearranged employment. w The employment must be approved in advance by the U. S. Citizenship and Immigration Services (USCIS)
Types of H Visa H 1 B (Specialty Occupation): w Required by an employee to perform services in a prearranged professional job. w Requires a bachelor’s or higher degree in the specific specialty.
Types of H Visa H 2 B (Skilled/Unskilled Worker): s Required for temporary or seasonal jobs and for which there is a shortage of U. S. workers.
Types of H Visa H 3 (Trainee): s Is required by a trainee to receive training from an employer in any field of endeavor, other than graduate education or training.
What happens once the petition has been approved ? s If an H petition has been approved in your name you will be required to apply for a visa before traveling to the United States.
If you are applying for an H-1 B visa, you need to present: s All the required documents for any non-immigrant visa PLUS: s I-797 The original notice of approval. s The complete I-129 petition including the Labor Condition Application. s The originals plus one copy of university diplomas, mark sheets and any certificates. s Letter from petitioning employer confirming employer's intent to hire the applicant. s The original plus one copy of your work experience letters from your previous employers.
First Time Applicants May Consider Submitting the Following Documents: Part 1 w Pay slips from current or most recent place of employment. w Names and current phone numbers of the personnel managers at present and past jobs. w Photographs of the inside and outside of current or most recent employer's place of business. w Names and contact information of two co-workers from your current or most recent place of employment.
First Time Applicants May Consider Submitting the Following Documents: Part 2 w Names and contact information of two co-workers from past jobs. w A complete resume/bio-data and cover letter describing current job duties in detail. w Personal bank records for the last six months. w US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report.
Spouses, Children and Partners w Spouses and/or children under age of 21 require derivative H-4 visas. w Spouses and/or children who do not intend to reside in the U. S. with principal visa holder but visit for vacation only may apply for B-2 (visitor) visas.
H-4 Versus F-1 w No requirement for spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they want to study in the U. S. , they may study on an H-4. w If qualified they may apply for the F-1 visa.
Working on an H-4 Visa w The holder of and H-4 visa may not work on a derivative visa. w If he or she is seeking employment, the appropriate work visa will be required. Please Note: Final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
TREATY TRADER INVESTOR (E-1) (E-2)
Introduction w The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a Treaty of Commerce and Navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested or is actively in the process of investing a substantial amount of capital.
Requirements for Treaty Trader Visa (E-1) • The applicant must be a national of the treaty country s The trading firm must have the nationality of the treaty country s The international trade must be "substantial"
Requirements for Treaty Trader Visa (E-1) Cont. w The trade must be principally between the United States and the treaty country w Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other
Requirements for Treaty Investor Visa (E-2) w The investor, either a real or corporate person, must be a national of a treaty country w The investment must be substantial. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise
Requirements for Treaty Investor Visa (E-2) Cont. w The investment must be a real operating enterprise w The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States
Requirements for Treaty Investor Visa (E-2) Cont. w The investor must have control of the funds and the investment must be at risk in the commercial sense w The investor must be coming to the United States to develop and direct the enterprise
Requirements for Employees of both categories who are not investors w Must have the same nationality as the Employer w Must be employed in a supervisory or executive capacity or have a highly specialized skill
Application Procedure w All requirements for E-1/E-2 mentioned above must be met w DS-156 E and all required company documentation w DS-156 w DS-157 For male applicants between the ages of 16 -45 w One Photograph w Fee w Passport and statement of intent to depart the United States on termination of ‘E’ status
New Enterprise Applications Enterprise: w DS-156 E "Non-immigrant Treaty Trader/Investor Application Form w Corporate documents w A letter of introduction to the enterprise w A five year plan
Investor/employee w Part III Applicant Form DS-156 E, together with curriculum vitae, copy of degrees etc w Form DS-156 w Form DS-157 w Photograph w Fee w statement of intent to depart the United States on termination of ‘E’ status w Certificate of net worth duly authenticated
Family members w Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative ‘E’ visas w Spouses of ‘E’ visa holders may seek employment authorization on derivative ‘E’ visas. (For further information, please contact the U. S. Citizenship and Immigration Services (CIS)
Revalidation of ‘E’ status w DS-156 E duly completed w Updated corporate documentation w Copies of most the recent U. S. tax returns and financial report w W 2 (for investors with 10 employees or less) and letter from the company summarizing its performance to date and outlining future plans
New employees for companies who currently hold ‘E’ status w All the forms and information detailed above w A brief narrative of applicant's quality/suitability for the position w An organization chart showing the employee position in the enterprise. (All corporate documentation needs to be updated and resubmitted; this information to include latest U. S. tax returns and financial reports if the company’s status is about to expire)
Port of Entry w The U. S. Customs and Border Protection Agency (CBP) has authority to deny admission w A CBP official validates the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted w Contact the U. S. Citizenship & Immigration Services (CIS) to request Form I-539, Application to Extend Status
Time Limits w Holders of ‘E’ visas may reside in the United States as long as they continue to maintain their status with the enterprise
How to apply: w Schedule an appointment through the nonimmigrant visa appointment system w Bring all required documents for submission on the day of interview w Review of corporate files may take between two to four weeks (in rare cases, applicants will be called in for another interview)
L VISAS Intra-company Transferee Visa (L-1)
L-1 classification w Intracompany transferees who, within the three preceding years, have been employed outside the U. S. continuously for one year w Who wishes to establish, or be employed by a branch, parent, affiliate or subsidiary of that same employer in the U. S. in a managerial, executive, or specialized knowledge capacity
Blanket L-1 visa w Blanket L-1 visa applicants are required to pay a $500. 00 Fraud Prevention and Detection Fee.
For detailed information visit www. travel. state. gov
U. S. VISA PROCEDURES
Be Prepared w The average interview takes 3 -5 minutes. w The central questions: Will the visa applicant return to their home country? What will the applicant do in the U. S. ?
What We Look For w Immigration and Naturalization Act, section 214(b): Everyone is a presumed immigrant. w You overcome this presumption by showing social, economic, professional or family ties to Turkey. w There are many ways to show these ties.
Documents (Part I) w Complete instructions are available on the website: ankara. usembassy. gov/guide_to_niv. html w Use the electronic visa application form and get priority.
Documents (Part II) w DS 156, DS 157 (for men 16 -45) w Photograph (strict rules!) w Documents about your job w Proof of ability to pay w Prior passport w Ties to Turkey
The Interview w Apply 6 -8 weeks before you intend to travel. w Tell the truth! w English, or Turkish?
Congratulations, You Got A Visa! w UPS Delivery of your passport and visa in 2 -3 days. w Don’t open that sealed envelope!
Sorry, You Don’t Qualify for A Visa. . . w 221(g) refusals: What’s missing? w 214(b) refusals: Should you reapply?
THANK YOU! We hope to see you at the visa window!