Transcript Introduction

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
 A visa's validity is the time period that a visa
may be used to apply for admission to the U.S.
 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.
 ***It does not mean one can go to the
U.S. and live there for 10 years.***
Visa Validity
Cont.
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
 Applicants should be aware that a
visa does not guarantee entry to
the United States.
 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
B1/B2
B1/B2 Visa - Business
Acceptable B1/B2 Activities
1. Selling
An individual traveling to the United States
 to take part in an exhibition,
 to set up an exhibition booth,
 to display samples,
 to sign contracts,
 to take orders for merchandise produced.
B1/B2 Visa – Business
Cont.
*** The holder of a B-1 visa
may not actually sell or take
orders for merchandise
produced in the United
States.
B1/B2 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
B1/B2 Visa – Business
Cont.
3.Business venture
 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.
 ***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
 Intention of working in the United States
temporarily in specific prearranged
employment.
 The employment must be approved in
advance by the U.S. Citizenship and
Immigration Services (USCIS)
Types of H Visa
H1B (Specialty Occupation):
 Required by an employee to perform
services in a prearranged professional
job.
 Requires a bachelor’s or higher degree in
the specific specialty.
Types of H Visa
H2B (Skilled/Unskilled Worker):
 Required for temporary or seasonal jobs
and for which there is a shortage of U.S.
workers.
Types of H Visa
H3 (Trainee):
 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 ?
 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-1B visa, you
need to present:
 All the required documents for any non-immigrant
visa PLUS:
 I-797 The original notice of approval.
 The complete I-129 petition including the Labor
Condition Application.
 The originals plus one copy of university diplomas,
mark sheets and any certificates.
 Letter from petitioning employer confirming employer's
intent to hire the applicant.
 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
 Pay slips from current or most recent place of
employment.
 Names and current phone numbers of the personnel
managers at present and past jobs.
 Photographs of the inside and outside of current or
most recent employer's place of business.
 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
 Names and contact information of two co-workers
from past jobs.
 A complete resume/bio-data and cover letter
describing current job duties in detail.
 Personal bank records for the last six months.
 US company information: photographs of the inside
and outside of the company's offices, prospectus,
brochures, and annual report.
Spouses, Children and
Partners
 Spouses and/or children under age of 21
require derivative H-4 visas.
 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
 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.
 If qualified they may apply for the F-1
visa.
Working on an H-4 Visa
 The holder of and H-4 visa may not work
on a derivative visa.
 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
 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
 The trading firm must have the
nationality of the treaty country
 The international trade must be
"substantial"
Requirements for Treaty
Trader Visa (E-1) Cont.
 The trade must be principally between
the United States and the treaty country
 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)
 The investor, either a real or corporate
person, must be a national of a treaty country
 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.
 The investment must be a real operating
enterprise
 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.
 The investor must have control of the
funds and the investment must be at risk
in the commercial sense
 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
 Must have the same nationality as the
Employer
 Must be employed in a supervisory or
executive capacity or have a highly
specialized skill
Application
Procedure
 All requirements for E-1/E-2 mentioned above
must be met
 DS-156E and and all required company
documentation
 DS-156
 DS-157 For male applicants between the ages
of 16-45
 One Photograph
 Fee
 Passport and statement of intent to depart the
United States on termination of ‘E’ status
New Enterprise Applications
Enterprise:
 DS-156E "Non-immigrant Treaty
Trader/Investor Application Form
 Corporate documents
 A letter of introduction to the enterprise
 A five year plan
Investor/employee
 Part III Applicant Form DS-156E, together
with curriculum vitae, copy of degrees etc
 Form DS-156
 Form DS-157
 Photograph
 Fee
 statement of intent to depart the United States
on termination of ‘E’ status
 Certificate of net worth duly authenticated
Family members
 Spouses and unmarried children under 21
years of age, regardless of nationality, may
receive derivative ‘E’ visas
 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
 DS-156E duly completed
 Updated corporate documentation
 Copies of most the recent U.S. tax returns and
financial report
 W2 (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
 All the forms and information detailed above
 A brief narrative of applicant's
quality/suitability for the position
 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
 The U.S. Customs and Border Protection
Agency (CBP) has authority to deny admission
 A CBP official validates the Form I-94, Record
of Arrival-Departure, which notes the length of
stay permitted
 Contact the U.S. Citizenship & Immigration
Services (CIS) to request Form I-539,
Application to Extend Status
Time Limits
 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:
 Schedule an appointment through the nonimmigrant visa appointment system
 Bring all required documents for submission
on the day of interview
 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
 Intracompany transferees who, within the
three preceding years, have been employed
outside the U.S. continuously for one year
 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
 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
 The average interview takes 3-5 minutes.
 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
 Immigration and Naturalization Act, section
214(b): Everyone is a presumed immigrant.
 You overcome this presumption by showing
social, economic, professional or family ties to
Turkey.
 There are many ways to show these ties.
Documents (Part I)
 Complete instructions are available on the
website:
ankara.usembassy.gov/guide_to_niv.html
 Use the electronic visa application form
and get priority.
Documents (Part II)
 DS 156, DS 157 (for men 16-45)
 Photograph (strict rules!)
 Documents about your job
 Proof of ability to pay
 Prior passport
 Ties to Turkey
The Interview
 Apply 6-8 weeks before you intend to
travel.
 Tell the truth!
 English, or Turkish?
Congratulations, You
Got A Visa!
 UPS Delivery of your passport and visa in
2-3 days.
 Don’t open that sealed envelope!
Sorry, You Don’t Qualify
for A Visa ...
 221(g) refusals: What’s missing?
 214(b) refusals: Should you reapply?
THANK YOU!
We hope to see you at the visa
window!