Temporary Labor Certification for H-2B Worker

Temporary Labor Certification for H-2B Worker. The H-2B program allows U.S. employers to bring foreign nonimmigrant workers to the U.S. to fill temporary nonagricultural jobs. Before requesting H-2B classification from the USCIS, your potential employer must apply for and receive a temporary labor certification from the U.S. Department of Labor. As we promised in our last post, today we will take a closer look how the application procedure for such certification looks like. Before submitting an Application for Temporary Employment Certification (TEC), there are prefilling requirements that you, and especially your employer, needs to fulfill. First of all, the employer shall obtain a Prevailing Wage Determination from the National Prevailing Wage Center. It will determine the prevailing wage rate for your occupa   ...

Definition Of The Peak-Load Need in H2B Visa Process.

Definition Of The Peak-Load Need in H2B Visa Process. From holiday resort workers in Florida to amusement parks employees in California, 66 thousand foreign nationals come to the USA annually as a part of H-2B program. It allows U.S. employers to bring overseas workers to fill temporary nonagricultural jobs. If you like to come to the U.S. on H-2B visa, first consider, if your potential temporary job fulfill the following requirements, which your employer needs to prove: ● There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. ● Your temporary work will not adversely affect the wages and working conditions of similarly employed U.S. workers. ● Employer’s need for your services or labor is temporary, regardless of whether the underlying job can be described as temporary. As you can see, H-2B visa is only available for work that is temporary in nature. It means that employer must establish that his need is either seasonal, intermittent, pe   ...

Who Qualifies for a Green Card through the Investment?

Who Qualifies for a Green Card through the Investment? The EB5 visa provides very convenient method of obtaining a green card for foreign nationals who invest money in the U.S. Each fiscal year, the USCIS may authorize up to 10,000 visas for eligible entrepreneurs. So if you have some capital to invest and would like to enjoy all advantages of permanent residency, this can be the right choice for you. Let’s look at the requirements that you and your investment have to meet. 1.      Investment Amount. The minimum amount of the capital that you are required to invest is $1,000,000. It can be in the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value. If it seems a lot for you, there exist an option to decrease the required amount to $500,000, but you need to invest in Targeted Employment Area. It is either rural area or metropolitan area, which experiences unemployment at least 150% of the national average unemployment rate. 2.      Lawful source of investment. You have to prove that your investment capital came from lawful source. Tax returns, sale of property or business records can be shown to prove that the capital was obtained lawfully. Also a gift or a loan is admissible as long as this money was obtained lawfully. 3.      Job Creation.     ...

The H-1B Cap May Be Reached by April 7, 2014.

The H-1B Cap May Be Reached by April 7, 2014. The H-1B is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations fields such as science, engineering and computer programming. The current law limits the number of issued visa or otherwise provided H-1B status to 65,000 foreign nationals each fiscal year. Up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities are exempted from this cap. In addition, excluded from the ceiling are all H-1B non-immigrants who work at the universities, non-profit research facilities associated with universities or government research facilities. USCIS accepts H-1B petitions that are subject to the fiscal year 2015 cap on April 1, 2014. You may file an H-1B petition no more than six months in advance of the e   ...

Change Your Status From B to F1 & Extend Your Stay in the U.S.

Change Your Status From B to F1 & Extend Your Stay in the U.S. B1 and B2 visas are the most common non-immigrant visas issued to foreign citizens coming to the U.S. for business or pleasure. If you were granted this type of visa, you probably know that period of your stay is only temporary. B1/B2 visa is issued initially for a duration long enough to allow you to conduct your visit, up to a maximum of six months, and can be extended for another six months. But don’t worry! If you want to stay in the U.S. longer, there’s an easy solution. Apply to SEVIS approved school and change your status to F1 visa. F1 visas are issued for foreign students enrolled at accredited U.S. academic institutions, including language training program. With this type of visa, you must maintain the full course of study. Except for on-campus employment of 20 hours a week or less, you are generally not permitted to work in the U.S. without prior authorization from USCIS. If you are already in the U.S. on a temporary non-immigrant visa and looking to change from your current status to an F-1 student visa status, you should first choose the institution where you want to study and fill out their international application form. Once your application is successful and you will obtain form I-20 from school official,  you should apply for the change of status. Remember, that it’s prohibited to study with B1/B2 visa in the U.S., so you need to apply for the change to F1 visa status before enrolling to classes. Here’s the list of documents that you will need to submit: Form I-539 Form I-20 Valid Passport Original Bank Receipt for Application Fee I-901 SEVIS fee payment receipt  I-94 card Letter explaining and requesting change of status Evidence of financial support (bank statements, proof of scholarship) Academic preparation evidence (diplomas, certificates, TOEFL score etc.) Evidence that you continue to maintain ties to your home country and proving your intent to depart the United States upon completion of the course of study Did you like this article? Sign Up for our weekly awesome & useful Visa Updates. It’s Free & straight to the point so you can stay updated, motivated and supported. Leave a reply with any questions that you have or share your experience.   Order initial FREE consultation with us! Click here to order your consultation today. Yours,       ...

Difference between Visa Validity and Authorized Length of Stay.

Difference between Visa Validity and Authorized Length of Stay. In our last blog post, we were dealing with difference between visa stamp and visa status. Other related terms that are very important to understand and are usually being confused are visa validity and authorized length of stay in the U.S. In some cases, not distinguishing between these two terms can have serious consequences. So let’s take a closer look on their meaning. If you got your visa stamp, the expiration along with the issuance date of your visa is stated directly in your passport. The time between visa issuance and expiration date is called your visa validity. A visa alone doesn’t permit entry to the U.S. It simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer determined you’re eligible to travel to the port-of-entry for a specific purpose. The port-of-entry can be an airport, a seaport or a land border crossing. Visas can be issued for any number of entries, from as little as one entry to an unlimited number of entries, for the same purpose of travel. Upon arriving to the port of entry, the Customs and Border Protection officer will determine if you are allowed to enter and how long you are permitted to stay in the U.S. On the admission stamp or paper Form I-94, the immigration inspector records D/S (duration of status) or a specific date by which you must leave the country. D/S means that you are allowed to stay for as long as you maintain your status, for example in case of H1B visa, it is a status of foreign worker in specialty occupation. The admitted-until date shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. USCIS warns that you cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S. As you can see, it can easily happen that your visa is valid for several years but your authorized stay is limited to a few months. Therefore, you have to be cautious and carefully review your visa documents. If you fail to depart before the end of your authorized period of stay, it is considered as a violation of U.S. immigration law. And you certainly don’t want this to happen. Did you like this article? Sign Up for our weekly awesome & useful Visa Updates. It’s Free & straight to the point so you can stay updated, motivated and supported. Leave a reply with any questions that you have or share your experience.   Order initial FREE consultation with us! Click here to order your consultation today. Yours,     ...

Difference between H1B Visa Stamp and H1B Visa Status.

Difference between H1B Visa Stamp and H1B Visa Status. Following our advice from last blog post you successfully extended your H-1B visa status after three years. But don’t forget that if you want to travel outside the U.S., your valid status is not enough. To re-enter the U.S.A., you need a valid H-1B stamping in your passport. We will show you how to get one in the following paragraphs. All H1B visa stamps must be issued by the U.S. consulate outside the USA. More precisely, it is advisable to obtain the H1B visa stamping from the Consulate situated in your home country. If you want to apply at the U.S. consulate in a country other than your home country, you need to review the protocol at that Consulate to determine, if you may apply there. The general rule is that you can apply for valid visa only at your home country. Don’t forget that your passport must be valid for six months after the expiration of visa, so if it’s not, it is necessary to renew it. Prior appearing at the Consulate you have to schedule an interview appointment. The Consul will interview you. Make sure to submit the following documents: Required Documents: DS-160 Form Valid Passport Notice of Action – Form I-797 Photograph Additional Documents: About you: o   Passports containing all previous U.S. visas, even if expired o   Birth certificate o   Photocopy of Social Security Card o   Resume, including education and work experience o   Proof of Education (diplomas, certificates, mark sheets) o   Recommendation Letters o   Last 6 months bank statements About/from your employer: o   I-129 Document from Employer to USCIS o   H-1B Employer Labor Condition Application o   Support Letter from your employer with his address and detailed description of your roles and responsibilities o   Proof of Employment (Employment Contract, at least 2 pay stubs from employer, company credential, letter from Human Resources Department) o   Employers Annual Report o   Employer’s last two year Tax Returns o   Photographs of your work location from inside and outside In order to be successful at the interview and leave with a new H-1B visa stamp in your passport, we advise you to bring with you as many documents from the above list as possible. Did you like this article? Sign Up for our weekly awesome & useful Visa Updates. It’s Free & straight to the point so you can stay updated, motivated and supported. Leave a reply with any questions that you have or share your experience.   Order initial FREE consultation with us! Click here to order your consultation today. Yours,     ...

How to Extend H1B Visa after 3 Years?

How to Extend H1B Visa after 3 Years? The H-1B visa is a non-immigrant visa that allows business professionals to work in the U. S. It’s an employment-based visa category issued for specialty occupation and the number of the visa is limited, with total of 85,000 visas available each year. Initially, H1B visa status can be granted for up to three years. Time goes by quickly, so if you an H1-B visa holder and you want to continue to work and live in the U.S., don’t forget to extend your visa for another three more years. Let’s take a look how you can do it. When you entered the U.S., the USCIS office issued you a Form I-94 in your passport. If you carefully look into this form, you can find there duration of your valid status in the U.S. This is the date by which you can remain in the U.S., assuming you are in the same job or its category. Your employer can file the petition to renew your status six months before its expiration and your visa may be extended if it has a remaining validity of not more than sixty days, or has not been expired for more than one year. But rather than wait until the last minute, the better option is to submit the extension request as early as possible. Documents that are needed for H-1B visa extension: 1.     Passport – it has to be valid for at least six month and has to contain your existing visa 2.     Form I-94 – as we mentioned, it should be stapled in your passport and annotated by the USCIS inspector when you were last admitted to the USA 3.     Form I-797 - employment petition which was issued by the USCIS and which indicates your current employer and the approved extension of your stay in the U.S. 4.     Comprehensive letter from your employer – it should describe in detail the nature and duties of your position, the company you work for and its business standing and markets to justify the need for the visa extension. The letter should be submitted on your employers letterhead and should be signed by the company representative 5.     Nonimmigrant visa application form OF-156 with one passport-size photograph 6.     Receipt of the fee payment As long as your employer files the petition with all mentioned documents before your current status expires, you may remain in the U.S. while the extension is pending. It’s good to know that your work authorization also continues for up to 240 days, or until USCIS approves or denies the extension. Don’t forget that if you are traveling outside the U.S., you have to be careful even when your visa has been extended. To re-enter the U.S. you need a stamp in your passport which authorizes you to come back. Be aware that it is not possible to obtain visa stamp within the USA. We will discuss stamping and re-stamping of H-1B visa in more detail in our next blog, so stay tuned! Did you like this article? Sign Up for our weekly awesome & useful Visa Updates. It’s Free & straight to the point so you can stay updated, motivated and supported. Leave a reply with any questions that you have or share your experience.   Order initial FREE consultation with us! Click here to order your consultation today. Yours,     ...

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