US WORK VISAS
USA Visa Categories:
Please find bellow some interesting Visa Categories which leads towards Legal stay/ Permanenet Residency in USA:-
Student Visas
The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies.Current USC'S regulations recognize the following as approved schools:A school operated as a public educational institution by federal, state, or local government; and school accredited by a nationally recognized accrediting agency.
Business or Pleasure Visitors
Generally, a citizen of a 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. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.
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. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment; They plan to remain for a specific, limited period; and 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.
L-1A Intracompany Transferee Executive or Manager
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
The following describes some of the features and requirements of the L-1 nonimmigrant visa program.
General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Also to qualify, the named employee must
Generally have been working for a qualifying bUSINESS/organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for more complete definitions.
New Offices
For foreign employers who are seeking to send an employee to the United States as an executive or manager in order to establish a new office, it must also be shown that
Sufficient physical premises to house the new office have been secured
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
See 8 CFR 214.2(l)(3)(v) for details.
Period of Stay
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
Family of L-1 Workers
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on Form I-539. Spouses of L-1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the L-2 spouse may work
Temporary Benefits Employment Categories
Employers may file Petition for Nonimmigrant Worker, for the following types of workers.
H-1B Specialty Workers and Fashion Models P-1 Athlete, Entertain Groups
H-1C Registered Nurses P-2 Artistic Exchange
H-2 Temporary Labor P-3 Culturally Unique Artists
H-3 Alien Trainees Q-1 International Cultural Exchange Program
L-1 Intracompany Transferee O-1 Aliens with Extraordinary Ability
E Treaty Trader or Investor TN Canadian Citizens under NAFTA
R-1 Religious Worker
TN For Nafta Country Citizens only. (Canada,USA,Maxico)
Adoption
Adopting children from all over the world has steadily increased in the past decade.
There are two legal ways to bring an adopted child into the country. Please review the differences, as they are important to your successful adoption.
A-Immigration/Adoption of child based on 2-years residence through submitting Form I-130: If you adopt a child before the child turns 16 (or 18, as described below), and you live with the child for two years as the child’s primary caregiver, then you may file an I-130 petition for an alien relative. The petition may be filed after the 16th (or 18th if a sibling) birthday, and the two years may culminate after the 16th (or 18th) birthday. (Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)
B-Immigration/Adoption of an orphan through submitting Form I-600: If you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th (or 18th, as described below) birthday, even if the adoption takes place subsequently (and in certain cases, the adoption does not occur until the child comes to the US).
Who is Eligible?The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
Humanitarian Benefits Immigration law
provides for a number of humanitarian motivated mechanisms to assist individuals who are in need of shelter or aid from various disasters and oppression. This portion of the USCIS Web Portal will inform you about these programs and their application processes.AsylumNicaraguan Adjustment and Central American Relief Act (NACARA)RefugeeTemporary Protected Status (TPS)Victims of Trafficking and Violence Protection Act (VTVPA)Violence Against Women Act (VAWA).
Green Card
A "green card" gives you official immigration status (Lawful Permanent Residency) in the United states. There are Ways to qualify for LPR.
Immigration through a Family Member
Immigration through Employment .
Premium Processing Service?
Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.
