As a free, democratic and open society, the United States has always welcomed citizens from around the world to its shores. For years,
people from around the world have been drawn to the U.S. by the ‘American Dream’; the promise of achieving success, fame and wealth through honest hard work.The world's leading economic and military power, the United States is the fourth largest country in the world in terms of area, and the third largest in terms of population. Although racism continues to be a contentious issue in the U.S., the country celebrates ethnic and racial diversity as a fundamental aspect its ideology, and it is one of the world’s most ethnically diverse nations.
For many generations now, people from around the world have been drawn to the U.S. by the ‘American Dream’; the promise of ac
hieving success, fame and wealth through honest hard work. A free, democratic and open society, the U.S. has always welcomed citizens from around the world. However, following the terrorist attacks of September 11, 2001, U.S. immigration laws have been changed in order to assist the U.S. government to control visitor entry and exit in a better manner and to promote national security. Services that were formerly provided by the Immigration and Naturalization Service (INS) were transitioned to the Department of Homeland Security (DHS) under U.S. Citizenship & Immigration Services (USCIS) on March 1, 2003.
TYPES OF VISAS
Permanent Residence / Green Card
- Permanent residence status (Green Card) can be obtained either through a family-based immigration process, or by acquiring an employment-based Green Card.
- The family-based immigration process is as follows:
- A relative, who must be a U.S. citizen, fills out an immigrant visa petition (I-130) for the foreign-born applicant. The application must be accompanied by proof of the relationship and any other required documentation.
- The application must be approved by the US Citizenship and Immigration Services (USCIS).
- Next, the Department of State determines whether an immigrant visa number is available for the foreign national, consistent with the category of visa applied for.
- If the applicant is already in the U.S., he or she needs to apply for a change his or her status to that of a lawful permanent resident after a visa
number becomes available.
- Applicants who are outside the U.S. must visit the U.S. consulate to complete the processing of the visa when an immigrant visa number becomes available.
- Employment-based Green Cards are of five types, described below:
- EB-1 – Visas under this category are meant for multinational executives or managers who meet a certain criteria; professors and researchers recognized for outstanding achievements; individuals with remarkable ability in the sciences, arts, education, business or athletics.
- EB-2 – Visas in this category are meant for professionals with advanced degrees (masters degree or higher) and with a job offer from a U.S. company; for individuals with 'exceptional ability' in the sciences, business or arts and with a job offer from a U.S. company; and for those with exceptional ability, or an advanced degree, who can prove that their activities can contribute significantly to the national interest of the U.S. interest
- EB-3 – This visa category is reserved for professionals with a U.S. bachelor's degree, or foreign equivalent degree, who have a job offer from a U.S. company; for skilled workers with a job offer from a U.S. company for positions that require at least two years of training or experience; and for unskilled workers with a job offer from a U.S. company for positions that require less than two years training or experience.
- EB-4 – This visa category is set aside for ‘Special Immigrants’ and religious workers who wish to live and work in the U.S. It includes ministers, people in professional positions or with a religious occupation who possess a US baccalaureate degree or its foreign equivalent. Candidates are required to have worked with a religious organization for a minimum of two years. Annually, 10,000 visas are allocated to this category.
- EB-5 – Visas in this category are meant for aliens who are willing to invest US $1 million in a new business to migrate permanently to the U.S. The amount to be invested is reduced to US $500,000 in areas that are designated rural or areas of high unemployment. The business must create employment for at least ten US citizens or legal residents, and the investor must take on a managerial role. This visa is usually issued for an initial duration of two years. After two years, the visa is made permanent and is no longer subject to the investor's continued involvement in the business.
H1 B Visa
- The US H1B visa is a non-immigrant visa that allows a US company to employ a foreign individual for up to six years.
- Staff required for long-term assignments in the US is often initially brought in using a non-immigrant visa such as the H1B visa, as receiving a non-immigration visa is normally a faster process than applying for permanent residence/a US Green Card.
- The employer is required to apply for an H1B visa on behalf of the employee. Individuals can not apply for an H1B visa to allow them to work in the US.
- There is a cap on the number of H1B visas that are issued annually.
- US employers may begin applying for the H-1B visa six months before the actual start date of the visa.
- The H1B visa is meant for staff in ‘specialty occupations’ that require a high degree of specialized knowledge. Usually at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (a 3-year degree along with 3 years' relevant post-graduate experience is considered the equivalent of this requirement).
- Professionals with the H1B visa, such as lawyers, doctors, accountants and others, are required to have a license to practice in the state of intended employment.
- Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' on the basis of twelve or more years' experience in the occupation.
- According to the new H1B legislation, H1B dependent employers (employers with more than 15% of their employees in H1B status are defined as H1B dependent employers) are required to advertise positions within the U.S. before seeking to employ H1B workers for those positions.
- The initial visa is usually granted for up to three years and may later be extended for up to two further ye
ars, and thereafter for one further year, for up to six years.
- Those who wish to remain in the US for over six years may apply for permanent residence (green card) while still in the US on an H1B visa. If such employees do not gain permanent residence, at the end of the six-year period, they are required to live outside the US for a minimum of one year before an application is made for them for an H or an L visa.
- Once a company brings an employee to the US on an H1B visa, in the event that it dismisses that employee before the expiry of the visa, it is liable for any reasonable costs that the employee may incur in moving back to his/her last foreign residence. This provision is not applicable when an employee decides to resign.
J 1 Visa
- The J1 or ‘exchange visitor’ visa is for individuals who wish to visit the U.S. temporarily in order to participate in exchange programs.
- Those who can use the J1 visa for traveling to the U.S. include teachers, secondary school students, trainees, research scholars, government visitors, and consultants, among others.
L 1 Visa
- The L1 visa is a non-immigrant visa that permits multinational companies, with operations in the U.S. and abroad, to transfer certain types of employee from its foreign operations to the U.S. for a maximum of seven years.
- Only those employees who have worked for a subsidiary, parent, affiliate or branch office of the company outside of the US for a minimum of one year out of the last three years are eligible for an L1 visa.
- The application for an L1 visa has to be made by the company’s U.S. operations on behalf of the employee to be transferred to the U.S. from their overseas operations.
- Employees in this category are usually granted an initial L1 visa for up to three years.
- Two types of employees can be sponsored for L1 visas:
- Managers/Executives – There is a strict legal definition of management and executive roles for the L1 visa. An L1A visa is issued for such personnel for an initial period of three years, which can be extended in two-year increments up to a maximum of seven years.
- Specialized Knowledge Staff – This category includes employees with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. An L1B visa is issued to staff in this category for an initial period of three years, which can be extended up to a maximum of five years.
- Employees on an L1 visa must be employed outside of the U.S. for a minimum of one year after the completion of the maximum time period permissible under the L1 visa, before a fresh application is made for L or H status.
WHY USE US FOR YOUR APPLICATION?
- ITPL has a strategic alliance with a reputed U.S. law firm that specializes in the field of immigration law.
- ITPL’s highly experienced, trained personnel ensure that every client receives prompt and personal attention.
- We provide a free initial assessment of your viability for U.S. immigration. We will not take up your case unless we are sure of its success.
- We assess your profile in detail and advise you on the best course of action for your particular case.
- We also provide detailed information on the different visa options available for your profile and ascertain which option is most viable for you.
- Every case accepted by ITPL is impeccably prepared and finalized for the respective visa location/office.
- Register on our sister portal Career Ahead (www.career-ahead.com) for 24/7 updates on your visa application. Access and download all visa application forms, guides and checklists; follow the progress of your visa application online; upload documents and update information on your application online!
STEPS TO GET THAT VISA
1. Free Assessment
With this first step, we assess your eligibility for a U.S. visa on the basis of your personal, educational and professional details which you provide us by filling the online registration form on our sister portal Career Ahead (www.career-ahead.com).
2. Detailed Discussions
Following the initial review, we will resolve any queries you may have regarding the migration procedure – cost, time-frame, visas for family members, and other such details.
3. Sign Up
Once all your queries are resolved, you may select the type of service you require (basic or full representation) and pay the initial installment by your preferred mode of payment. We accept bankers’ cheques and online credit card payments.
Register here to start your visa application process!