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USA Work Visa - Canam

USA Work Visa

Q-1 Visa

Q-1 Visa is Suitable For:

  • Foreign nationals entering the U.S.through an international cultural exchange program to share and promote history, culture and traditions of their home country.
  • Foreign nationals entering the U.S. through an exchange program to undertake employment or practical training that is directly related to sharing culture and history of their home country.

HOW TO APPLY?

You should apply for aQ-1 visa at the U.S. Embassy or consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advised that you apply within your jurisdiaction. Participants in the Q exchange program must have the designed sponsoring organisation file Form I-129, prtition for non-immigrant worker, with the INS. The INS will then inform th sponsor on Form I-797 when the petition is approved.

P-1 VISA

The P visa is the non-immigrant visa which is provided to the athletes and artists. There are further categories in this visa.

P-1 applies to individual or team athletes, or memebers of an entertainment group (P-1B) that are international recognised. This visa is provided to those persons who are not the citizens of USA and they are going to perform at a specific athletic competition either individually or in a group.

P-1 visa is Suitable For:

  • Internationally recognised athletes or athletic teams entering the U.S. to participate in an event of international standing;
  • Entertainers and entertainment companies recognised internationally as outstanding to tour the U.S. or participate in events;
  • Distinguished circus artists who wish to work in the U.S.;
  • Support personnel of P-1 visa holders;
  • U.S. agents and companies to bring athletes, athletic teams and their support personnel to participate in events of international standing;
  • U.S. agenets and companies to bring in entertainers and entertainment companies recognised internationally as outstanding to tour the U.S. or participate in events.

Applying for the P-1 Entertainer/Athlete Visa:
All the supporting documents which may serve as the evidence and prove that all the legal requirements are met shall be submitted with the application. The labor organisation issues a written document which states the nature of the work that will be done by the applicant with his application. A statement proving that the group has been established and performing regularly for a period of at least one year may also be submitted by the applicant. After all this has been done, the petition by the employer has to be filled with the USCIS for further processing the application.

 

P-2 VISA

The P-2 visa is a non-immigrant visa which allows foreign troupes or brands to enter into the U.S. and perform as part of an exchange program.

To qualify for P-2 visa, you must be coming temporarily to the U.S. to perform as an entertainer or artist. You may be coming as:-

Part of a group, or Individually s part of a reciprocal exchange.

P2 Visa Requirements

To qualify for a P2 visa, the applicant must be an artist or entertainer, either individually or as part of a group who has been accepted or invited to participate in a reciprocal exchange program between an organisation in the US and an organisation in another country. The artist or entertainer must posses skills comparable to those of the US artists and entertainers participating in the program abroad.

In addition, the applicant must have a US employer, organisation or agent to sponsor their participation in the exchange program in US.

P2 visa applicants may also be required to meet certain health and character requirements.

Petition Document Requirements

The I-129 petition must be the sponsoring organisation, an employer in the U.S., or the U.S. labor organisation that negotiated the agreement. The petition must be filled with:

  • A written consultation by an appropriate labor organisation;
  • A copy of the formal reciprocal exchange agreement between the U.S. organisation(s) in a foreign country which will receive the U.S. artist or entertainer;
  • A copy of the formal reciprocal exchange agreement between the U.S. organisation describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which classification is sought;
  • Evidence the alien and the U.S. artist or entertainer subjected to the reciprocal exchange agreement are artist with comparable skills and that the terms and conditions of employment are similar;
  • Evidence that an appropriate labor organisation in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S and foreign artists or entertainers.

P-3 VISA

The P-3 applies to artists or entertainers who perform under a program that is culturally unique. The P-3 visa is granted to culturally unique artists and entertainers, individually or as a group, coming to the US to develop, interpret, represent, coach, or teach their particular art or discipline.

P-3 Visa is Suitable for:

  • Artists and entertainers entering the U.S.to perform in a culturally unique program.
  • Artists to represent, teach, or coach cultural, musical, ethical folk, artistic, or theatrical arts in the U.S.
  • Support personnel of P-3 visa holder.
  • U.S.agents and companies to bring artists and entertainers to participate in culturally unique programs.

Petition Document Requirements
The petition should be filed by the sponsoring organisation or employer in the U.S. with:

  • A written consultation from an appropriate labor organisation;
  • Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the alien’s or group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of the alien’s or group’s skills.
  • Documentations that all of the performance or presentations will be culturally unique events, and;
  • Documentation that the performance of the alien or group is culturally unique as evidenced by reviews in newspaper, journals or other published materials.

H-1B VISA

It is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the United States.

The advantage of this visa is that you can work legally in the US, in non-immigrant status and get the visa quickly after the petition is approved. You can travel in and out of the US or remain in US until the visa expires, and H-4 visa is available for accompanying family member(spouses and minor children under 21 years of age).

H-1B Visa is Suitable for:

  • Foreign professionals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and other with Bachelor’s or equivalent degree.
  • Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. Department of Defense.
  • Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations.
  • Distinguished fashion models.
  • U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills.

Duration of Stay
The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances:-

  • One-year extension if a labor certification application has been filed and is pending for at least 365 days;
  • Three-years extensions if an I-140 Immigrant Petition has been approved.Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for.This is known as H-B1 portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period, in the event the employer-employee realtionship ceases to exist.

 

 

H-1B1 VISA

It is a non-immigrant work visa for Singaporean citizens which are provided to only Singaporean citizens. Singapore Permanent Residents who are citizens of other nations are not eligible for the H-1B1, but non-Singaporean spouses and children of qualified Singaporean H1B1 applicants are eligible for H-4 visas as dependent family members.
This visa allows you to live and work in the United States accompanied by your spouse and dependent children.

H-1B1 visa is suitable for:-

  • Foreign professionals from Chile and Singapore seeking temporary work in specialty occupants.
  • Business persons who do not posses a baccalaureate degree or its equivalent, but who will engage in the professions of: for children only-Agricultural Managers, and Physical Therapists, and for both Chileans and Singaporeans- Disaster Relief Claims Adjusters.
  • Foreign nationals from Chile and Singapore, certain Management Consultants who hold a baccalaureate degree in other than their specialty area.

H-1B1 vISA REQUIREMENTS
To qualify for a H-1B1 visa to work in the US, the applicant must be a citizen of either Chile or Singapore and must have a temporary offer of employment in a specialty occupation from a US employer.

A specialty occupation is an occupation that requires theoretical and practical application of specialized knowledge that usually requires the equivalent of at least a bachelor’s degree or equivalent work experience. Typical specialty occupation fields include architecture, engineering, mathematics, physical sciences, medicine, health, education, business specialties, accounting, law, theology and the arts. H1-B1 visa applicants may also be required to meet certain health and character requirements.

H-1B1 VISA ENTITLEMENTS

An H-1B1 visa entitles the holder to live and work in the US temporarily. An H-1B1 visa is usually granted for an initial period of 1 year and extensions may be granted.

Spouses and unmarried children under 21 years of age may apply for the applicable derivative visa (H4 visa) to join their spouse or parent in the US. Accompanying spouses and childern are entitled to study in the United States but are not entitled to undertake any employment without obtaining an appropriate work visa.

Religious Work (R1 visa)  allows the workers who are engaged in the religious occupation, to have a stay in the USA by applying for the green card after working there for up to five years. This is a non-immigrant visa. The worker under this category must perform the duties of a religious worker.

ELIGIBILITY

You must be a foreign national 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 non-profit religious organization in the U.S.

ELIGIBILITY CRITERIA

To qualify, the foreign national must have been a member of a religious denomination having a bonafide non-profit religious organization in the United States for at least two years immediately preceding the filing of the petition.
Every petition for R-1 worker must be filed by a prospective or existing U.S. employer through the filing of a Form I-129, Petition for Non-immigrant Worker. An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior approval of Form I-129 by U.S. Citizenship and Immigration Services (USCIS). If the foreign national is visa-exempt (e.g. Canadian), he or she must present the original Form I-797.

HOW TO QUALIFY FOR R1 VISA?

To qualify for this visa you must be a minister of religion, working as a professional in any religious occupation, and working as a worker in any professional occupation.Tready Traders

E-1 VISA

Nationals (individuals or companies) of countries with trade related Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment in and/or trade with the USA. Such visas are called E-visas, and come in two types:-

The E1 Treaty Trader:-
Nationals of qualifying Treaty countries who undertake a significant amount of international trade with the United States may qualify for this type of visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the traders international trade (i.e. at least 50% of the Trader’s exports/imports must be to/from the USA). There is no set minimum level of trade that is considered sufficient, but lower the volume of trade the less likely one is to qualify as a Treaty Trader.

E-1 Visa is Suitable For:-

1. Personnel including executives, managers and specialists of a treaty nation company operating in the U.S.
2. Nationals of treaty countries seeking to enter the U.S. to carry out substantial trade, Immediate family members of E-1 visa holders.
3. Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch.
4. Companies in treaty countries to send personnel to set up a U.S. company.

E2 TREATY INVESTOR VISA:

 

Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E2 Treaty Investor status. Like the E1 visa, there is no set minimum level of investment which may qualify for E2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States. The investment must be in an operating business – i.e. simply buying property or stocks and bonds does not qualify. Also, a substantial part of the investment must have been made before applying for E2 status.

E-2 Visa is Suitable For:

1. Entrepreneurs from treaty countries investing substantially in a U.S. enterprise.
2. Nationals of treaty countries entering the U.S. to develop and direct investments from the treaty country.
3. Nationals of treaty countries entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital.
4. Immediate family members of E-2 visa holders.
5. Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch.
6. Companies in treaty countries to send personnel to set up a U.S. company.