USA

1. B1 Visa -Business Visa in USA

The B1 Business Visitor Visa is a temporary, non-immigrant visa intended for individuals who want to visit the US to engage in business activities. You should consider applying for the B1 Visa if you are coming to the US for one of the following reasons:

• To negotiate a contract
• To consult with US partners
• To take part in a business convention or conference
• To discuss planned investment.

Eligibility requirements

All foreign citizens who want to apply for the B1 Business Visitor Visa have to meet the following requirements:

• Be coming to the US to do business
• Be coming to the US only for a limited period of time
• Have enough funds to support themselves during their stay in the US
• Have business ties with US partners
• Have strong ties in their home country
• Intend to leave the US after their visa expires.

You have to be able to provide evidence showing that you fulfil these criteria. Documents you can use as evidence include return travel tickets, a lease for an apartment in your home country, an employment contract in your home country, and recent financial or bank statements. Preparing a complete portfolio of evidence is an important aspect of applying for US visas. That is why, when doing it, you should seek advice from an expert and hire one of our immigration lawyers.

Application Process

The first step of the application process for the B1 Business Visitor Visa is to file Form DS-160, Online Non-immigrant Visa Application. There you will have to provide personal details and background information, as well as state why you want to come to the US. Make sure to keep the confirmation page for the form as you will have to bring it to your visa interview.

After you submit the form, you have to pay the B1 Visa fee of … You will not be able to move on to the next stage of the application process until you do it.

Then you have to schedule a visa interview at a US Embassy or Consulate in your home country. If you are aged between 14 and 79, you are required to attend a visa interview. In anticipation of your interview, you should prepare a number of documents that prove your eligibility for the visa.

Finally, the last step of the application process is to attend the visa interview. During the appointment, you will be asked questions designed to verify whether the information you included in your application is true and whether you meet the requirements for the visa.

Usually, you will find out whether your B1 Visa application has been approved on the day of the interview.

Documents required

When applying for the B1 Business Visitor Visa, in addition to the application form, you have to submit the following documents:

• The confirmation page for Form DS-160
• A valid passport that will not expire for six months after your planned entry to the US
• Letter confirming that you scheduled the visa interview
• Passport size photograph
• Letter explaining what the purpose of your visit to the US is
• Evidence showing that you have enough finances to support yourself during your stay in the US
• Proof of not having a criminal record
• Details of any past visits to the US.

Additionally, if you are coming to the US to represent a company you work for, you have to submit a letter from your employer explaining what your position is and what your tasks in the US will be. If you fail to include some of the required documents, your application might be delayed. To avoid that, hire one of our immigration lawyers. They will help you ensure that you submitted everything that USCIS might need.

Avidity

The B1 Business Visitor Visa is a non -immigrant visa, which means that its holders can only stay in the US for a limited period of time. The initial validity of the B1 Business Visa is six months. During this time, you should finish business activities in the US.

Nevertheless, if you need more time to complete them, you can apply for an extension of the B1 Visa. To be able to receive it, however, you will have to provide proof showing that you need to stay in the US longer to do business. If you are representing a company, you will also have to submit a letter from your employer explaining that is it important for the company that you spend more time in the US.

If your application for the extension is approved, you will be able to stay in the US for an additional period of six months. Keep in mind that the maximum validity of the B1 Business Visitor Visa is one year.

You have to apply for an extension before your first B1 visa expires. If you fail to do so, you will have to leave the US.

The B1 Visa is a non-immigrant permit so its holders must leave the US when their visa validity comes to an end.[1]

If you would like to ascertain your eligibility for a B1 Visitor visa Business to USA, you can book an appointment for an initial consultation with our US Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. B2 Visa-Tourist Visa in USA

The B-2 visa allows the applicant to reside in the U.S. for private or tourist purposes. In particular, people who do not qualify for the Visa Waiver Program (visa-free entry) due their nationality may be interested in applying for the B-2 visa.

Travel for tourism purposes includes primarily vacations, family visits, medical treatments or even participation in social events.

Unlike visa-free travel under the Visa Waiver Program, however, the holder of the B-2 visa can stay longer than 90 days for a maximum of 180 days per entry (several times consecutively or at a time). These conditions apply to all visits until the visa has expired. he B-2 visa allows the applicant to reside in the U.S. for private or tourist purposes. In particular, people who do not qualify for the Visa Waiver Program (visa-free entry) due their nationality may be interested in applying for the B-2 visa.

Travel for tourism purposes includes primarily vacations, family visits, medical treatments or even participation in social events.

Unlike visa-free travel under the Visa Waiver Program, however, the holder of the B-2 visa can stay longer than 90 days for a maximum of 180 days in the United States per entry. However, the B-2 visa does not authorize its holder to accept employment. The visa also precludes school or university education and internships.

ENTRY REQUIREMENTS

The traveller must continue to have a permanent residence in their home country and plan to stay in the United States only temporarily. Applicants must have sufficient funds available to finance their entire stay in the United States. In addition, applicants must provide evidence of firm ties to their home country or their intention to return to this country.

VISA VALIDITY

In general, the B-2 visa remains valid for up to ten years after it is issued. However, the visa can also be limited to a shorter period of time. The period of validity of the visa is especially dependent on the nationality of the applicant. The holder After that the person must reapply for the visa at their U.S. consulate.

B-2 visa holders who stay in the U.S. for longer periods of time and make frequent entries may experience additional difficulties at the border, especially if the U.S. border officials suspect that the visa holder no longer has strong ties to their home country.

APPLICATION PROCESS

Applicants must appear in person for an interview at one of the authorized U.S. consulates. Basically, in addition to submitting the standard DS-160 form and providing proof of payment of the visa fee, the procedure requires the applicant to submit evidence of intention to return to their home country and the financial means to stay in the United States. The application is usually processed at the U.S. consulate in the applicant’s country of residence

If you would like to ascertain your eligibility for B2 Visit visa Tourist, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. F1 Student Visa

The F1 Visa allows eligible international students who wish to attend a full course of study at colleges, universities, and high schools in the United States. The academic institution attended must be certified by the Student and Exchange Visitor Program (SEVP). In addition, this student visa can be used by foreign nationals coming to the country to attend a language training program.

While in the country, international students are free not only to study and live in the United States but they can also travel abroad without losing their visa status. In addition, F1 visa holders can open a bank account and obtain a driver’s license.

Furthermore, the F1 Visa cannot be used to attend publicly funded adult education programs. Those who would like to pursue a course of study that is not academic, such as post-secondary vocational or business schools, should apply for an M-1 Visa.

The Student Visa does not have an annual cap, meaning that the visa application can be processed as soon as it is submitted which is only a few business days.

Visa requirements

To be eligible for this student visa, international students must meet the following requirements:

• They have been accepted as an international student by an educational institution in the United States approved by Student and Exchange Visitor Program (SEVP). Along with a letter of acceptance, they must receive a Form I-20 from their SEVP approved school.
• Prove adequate English proficiency. Those who are applying as participants in a language training program may be exempt from this requirement
• Evidence of sufficient funds to cover at least the first year of study
• Have non-immigrant intent. This means that the foreign student must be able to prove to the U.S. Citizenship and Immigration Services (USCIS) that they have strong ties to their home country. In addition, they must also be willing to leave the U.S. upon their program completion
• Have a valid passport

Application process

if you would like to apply for a student F1 visa, you will first need to apply to a SEVP-approved academic institution. For a list of SEVP-certified schools, you can go to Study in the States (an official website of the Department of Homeland Security) to search for a list of approved academic institutions.

After you have been accepted for enrolment by a SEVP-approved school, you will then be registered in the Student and Exchange Visitor Information System (SEVIS) where you will need to pay the SEVIS I-901 fee. After the SEVIS fee payment has been made, you will then be issued Form I-20 from your school.

If you have eligible dependents (spouses and unmarried children under 21) that you would like to bring with you to the United States while you study, they must also enrol in SEVIS to obtain their individual I-20 Forms for their dependent F2 visas. Dependents do not need to pay the SEVIS fee.

After you have acquired the necessary I-20 Forms, you may then begin the F-1 visa application process at your nearest U.S. Embassy or Consulate. To do this, the visa applicants will need to complete Form DS-160 (Online Non-immigrant Visa Application), submit supporting documentation, and attend a visa interview.

After the visa interview, the visa applicant will be notified whether or not their application has been approved.

Documents required

You can file your application form online or at your local U.S. Embassy or Consulate. For the F1 Visa, you will need the following documents for your visa application:

• Form DS-160 (Non-immigrant Visa Application) confirmation page
• Form I-20 (Certificate of Eligibility for Non-immigrant Student Status)
• A copy of your passport (valid for at least six months beyond your period of stay with at least one blank page)
• Application fee payment receipt
• Two passport-sized pictures that comply with the USCIS standards
• Documents concerning your previous education and academic qualifications such as standardized test scores, diplomas, original transcripts, etc
• Income tax documents or original bank statements to disclose your financial situation
• Scores from English standardized tests, such as TOEFL or IELTS
• Evidence of your intent to depart from the U.S. at the end of your studies

Visa Interview

The last step of your application is an interview, which is required to determine whether or not you qualify for a Student Visa. If you are abroad, this will take place at your nearest U.S. Embassy or Consulate.

At this visa interview, the consular officer will review your documents and ask you questions about your academic qualifications and choice of university.

You will be required to demonstrate your willingness to return to your home country at the end of your course of study. Most importantly, you will need to prove that you have enough means to finance your education and your life in the U.S

If you would like to ascertain your eligibility for a F1 Student visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

b.F2 Dependent Visa

An F-2 visa is a type of visa that allows dependents of F-1 student visa holders to move to the U.S. and live with the F-1 student while they complete their degree programs at approved U.S. colleges or universities.

Eligibility for F-2 visas

To be eligible for an F-2 visa, applicants should fulfil the following requirements:

• Be a spouse of an approved F-1 visa foreign national
• Be an unmarried child under the age of 21 of an approved F-1 visa foreign national
• Have the financial capacity to support their stay in the U.S.

The eligibility of the F-2 visa is normally based on the status of the F-1 visa holder.

If you are an F-1 visa holder planning to bring your spouse or minor children with you to the U.S. during your educational program, ask the DSO at your school or university to issue Form I-20s for each family member who intends to travel with you.

Each dependent will need to complete the visa application or DS-160 and pay the $160 application fee. They will then need to schedule interviews with the U.S. consulate or embassy.

F-2 visa applicants must bring enough evidence to show their identities and their relationship with the F-1 international student. When you go to your interview for an F-2 visa, you will need to bring all of the following documents with you:

• An original valid passport and photocopies
• Form DS-160
• Passport photo
• For children of F-1 visa holders, their birth certificates
• For spouses of F-1 visa holders, their marriage certificates
• Payment receipt for the visa application
• Form I-20
• Photocopy of the F-1 student’s I-20 form
• Evidence of your finances such as tax records, bank statements, and salary statements

A step-by-step guide to applying for an F-2 visa

The process of applying for an F-2 visa is fairly straightforward. Below is the application process in easy-to-follow steps to help you prepare for what you need to do.

1. Obtain a Form I-20 from the approved school

The DSO is normally responsible for handing out Form I-20s for you and your dependents at an approved university or educational institution.

You may have to inform the DSO of your intention to bring your spouse and/or minor children with you with non-immigrant dependent F-2 visas, after which you and your dependents will each be provided with your own Form I-20 to fill out.

2. Complete the online Form DS-160

After you have received your Form I-20, the next step is to complete Form DS-160, the application for a non-immigrant visa. Have in mind that you won’t be able to complete Form DS-160 without the Form I-20 from your SEVP-approved school.

Form DS-160 can only be completed and submitted online on the Consular Electronic Application Center of the U.S. Department of State (DOS). 

After you fill out this application form and submit it, you’ll be taken to a confirmation page that generates a unique barcode for your application. Print this barcode and bring it with you to your visa interview appointment. The information that you provide on your visa application will be used to process it.

3. Pay the visa application fee

Each dependent for whom you are requesting an F-2 visa for will have to pay the application fee of $160. Depending on your home country, you may also have to pay a visa issuance fee. Once you’ve made the payments that apply to you, keep the receipts; you’ll need them later on during your interview at the U.S. consulate or embassy.

4. Schedule your visa interview

After you have completed your visa application and paid your fees, the next step is to schedule a visa interview at the U.S. embassy or consulate in your country of residence. Visa interviews are usually held on a first-come, first-serve basis and may be scheduled for months in advance. This makes it important for you to schedule your appointment early. Once you schedule your interview, a confirmation will be sent to your email. You will need to print this interview appointment confirmation to show to the officials when you arrive for your visa interview.

5. Gather all important documents

You may refer to the list of recommended documents above, so you know what to provide during the interview. Organize the receipts and documents and group them together according to who they are for—you, your spouse or your children. Failure to bring required documents may result in unnecessary delays and, in worse case scenarios, may lead to application denial. 

6. Go to your interview

Arriving early on your interview date is a good idea. Have all your documents, including your proof of financial capability. You will present them to your interviewer, who will ask you questions about your intent to study in the U.S. and desire to bring your spouse or children with you.

Your F-2 visa will last for the duration of the F-1 student’s educational program. When the F-1 visa holder completes his or her degree program, you both must return to your home country within 60 days of the end of the program unless the F-1 student has applied for and has been approved for the OPT program or a STEM OPT extension. If the F-1 student receives an extension, you will be able to remain in the U.S. on your F-2 visa until the end of the extension period.

Your F-2 visa status depends on the status of the F-1 visa holder. This means that if the status of the F-1 visa holder lapses, you will have to leave the U.S. with the F-1 student to return to your home country. Examples of actions that could cause the F-1 student to lose his or her status include falling below full-time study, failing to report changes of address or work, working without an employment authorization document (EAD), or committing a criminal offense

If you would like to ascertain your eligibility for a F2 Student visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. J1 Visa-Exchange Visitor Visa

As a non-US citizen, you will generally need a visa to enter the United States. The J-1 exchange visitor visa allows participants to come to the United States for a temporary stay, if participating in one of the J1 Visa programs. If you are interested in pursuing one of these programs, you will need to find a sponsoring organization and apply for the J1 visa.

Application process

Step 1. Find a J Sponsor

When applying for a J1 visa, you will need to find a designated sponsor to accept you into their program. Regardless of their physical location, many of these sponsoring organizations can place participants throughout the United States. The United Stated Department of State has the official list of designated sponsor organizations here. Keep in mind that many organizations screen their participants and look for those with proficient English language skills. Your sponsoring organizations can also help you with how to apply for a J1 visa.

Step 2. Apply for the DS-2019

Once you have applied and been approved by a designated sponsor organization, the next step is to submit the DS-2019 Form, also known as the “Certificate of Eligibility for Exchanger Visitor (J-1) Status”. This form is the official documents used by the US Department of State that will permit you to get an interview with the U.S. embassy or consulate. If you will be accompanied by your spouse or child(ren), they will also be given a separate DS-2019 form. This two-page form is issued by your designed sponsoring organization and will include a description of the exchange program, including the start and end date, as well as the cost of the program (with a breakdown on financial support).

Step 3. Pay Your Fees

You will be required to pay a SEVIS I-901 fee to the Department of Homeland Security (DHS) as part of your J-1 visa application – or this fee may already be part of your program fees to your sponsoring organization. It’s important to check with your sponsor to confirm whether it will be paid by you, or for you. If the sponsor pays the SEVIS fee on your behalf, be sure to get a receipt confirming payment.

Another fee you will be required to pay is the Non-immigrant Visa Application Processing Fee, which is $160 and can be paid by visiting the Department of State’s Fee for Visa Services. Those participants who are part of a program with the U.S. Government, Department of State, U.S. Agency for International Development (USAID), or a U.S. Government funded educational and cultural exchange program are exempt from the Non-immigrant Visa Application Processing Fee as part of their J-1 visa application.

Step 4. Interview with a U.S. Embassy or Consulate

In order to have your J-1 visa application accepted, you will need to have final approval by a consular officer at a US embassy or consulate. Depending on where you are located, waiting times to get an appointment can vary so it’s important to schedule early to ensure that you have sufficient time before your program begins.

If you will be traveling with a spouse and/or child, you can schedule an appointment for those family members who will be accompanying you. At the interview, you will be asked about the program, your intentions after the program, how you plan to cover your expenses, etc. It is important to stress that your intention is to complete the program and return to your home country upon termination. Be prepared to show your binding ties to your home country and bring any documentation that can further show your ties back home.

When applying for a J1 visa, you will need to submit the following documents to the U.S. Embassy or Consulate:

• DS-2019 Form, Certificate of Eligibility for Exchange Visitor Status
• DS-7002 Form, A Training/Internship Placement Plan (for exchange visitor trainees or intern visa applicants)
• Form DS-160, Online Non-immigrant Visa Electronic Application
• A passport valid for travel to the U.S with validity six months after the intended period of stay in the US
• One 2×2 photographIt’s important to check with your particular embassy or consulate to confirm the necessary documents when applying for a J1 visa

If you would like to ascertain your eligibility for a J1 Exchange Visitor visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. J2 Dependent Visa

The J-2 visa is US non-immigrant visa for dependents. Spouses or unmarried children under 21 years old can accompany a J-1 visa holder with the J-2 visa. J-2 visa holders are dependent on the status of the J-1 person, so any changes to the J-1 status will result in changes to the J-2 status too.

J-2 Visa Requirements

The requirements to qualify and be eligible for a J-2 visa are as follows:

• Be the spouse of an approved J-1 visa holder
• Be the unmarried child under 21 years old of an approved J-1 visa holder
• Be allowed to accompany the J-1 visa holder from their sponsor or program

Many people who are in partnerships but have not been married yet wonder whether they can accompany their J-1 partner to the US. Unless you are married to the J-1 visa holder and have genuine proof of marriage, you do not qualify for a J-2 dependent visa.

J-2 Visa Application

The J-2 visa application is similar to the J-1 visa application. If the J-1 sponsor allows them to bring dependents, they will issue them a separate DS-2019 form. With that form the J-2 application procedure is as follows:

• Apply online by filing the DS-160 form
• Pay the visa application fee of $160
• Schedule an interview appointment and get the confirmation letter
• Submit these documents:
  • Your passport
  • Your DS-160 form barcode
  • Your interview confirmation letter
  • One US visa style photograph
  • All SEVIS pages and a copy of yourDS-2019 form
  • A copy of the J-1 visa holder’s DS-2019 form
  • If the J-1 visa holder is an intern or trainee, also submit a copy of their DS-7002 form
  • Marriage certificate to prove you are married to the J-1 visa holder
  • Wedding album and invitation cards
  • Wedding guest list
  • If married at the registrar, the copy of the affidavit, and pictures with marriage witnesses
  • Birth certificates of children
  • Proof of financial resources which show enough funds to cover expenses
• Attend the interview where you will have J-2 visa interview questions related to your intentions in the US, your relationship with the J-1 visa holder, and financial situation.

In addition to all this, you must have health insurance to qualify for getting the J-2 visa. Most exchange program sponsors provide health insurance to the primary J-1 visa holder. Some of them might also provide the insurance for J-2 dependents too, but some of them do not. If the J-1 program sponsor does not provide valid health insurance coverage for J-2 dependents, you will have to enrol in one yourself.

If your application and interview go well, the US Embassy where you have applied will grant you a J-2 visa. The visa will allow you to depart for the US at the same time or after the J-1 visa holder. However, you cannot leave for the US before the person who has the J-1 visa.

J-2 Visa Processing Time

The processing time for a J-2 visa is different case by case. As US Embassies have different case -loads, your visa might take more or less time to process. However, a general time frame for how long it takes to process the J-2 visa is around 30 days or 1 month

If you would like to ascertain your eligibility for a J2 Dependent visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

e.M1 Visa -Vocational Study Visa

The M1 Visa is a non-immigrant visa that allows foreign pupils to come to the US to take part in vocational, non-academic studies.

While on the M1 Visa students cannot register for academic courses. If you would like to come to the US to study at an academic institution, you should consider applying for the F1 Student Visa instead.

Those who come to the US on the M1 Visa can study on a part-time basis for up to six months but they are not allowed to seek employment and work.

To be eligible for the M1 Visa, you have to be able to prove that you have enough funds to cover all expenses during your stay in the US.

In most cases, the M1 Visa is initially granted for a period of one year.

Nevertheless, those who wish to stay in the US longer can apply for an extension of up to three years.

Requirements

• Be accepted at an institution from the list published by the Student Exchange Visitor Program (SEVP)
• Be proficient in English – you have to be able to understand lectures and coursework. To prove your proficiency, you can take a standardized English proficiency test such as TOEFL or IELTS
• Be able to prove your non-immigrant intent – you can do it by showing that you can prove strong ties to your home country that will make you return once your visa expires.
• Have enough funds to cover your expenses in the US – you will need to submit bank statements or other evidence to confirm your financial status.

If you get in touch with our immigration lawyers, they can assess your eligibility for the M1 Visa. If they determine that you do not meet the requirements, they can advise you what other US visas you can apply for (e.g., F1 Student Visa, J1 Visa, or the EB2 Visa.

Application process

After your chosen educational institution accepts you, they will issue Form I-20 to you. Only schools approved by USCIS can issue the form.

Once you receive it, you will be able to initiate the application process. Keep in mind that being accepted by a US school does not mean that your visa will be granted.

You have to go through the application process and receive the decision from USCIS.

Once you receive approval from the US institution, you have to submit Form DS-160 online.

There, you will have to provide information about your background, the purpose of your trip to the US, and the vocational program you wish to attend.

Make sure to print the confirmation page you will see at the end of the form as you will need to bring it to your visa interview later on.

The next step is to pay your visa application fee of $160. Depending on which country you are applying from, you might also have to pay additional visa issuance fees.

In addition to that, you will have to pay the SEVIS I-901 fee of $200. That is because all international students coming to the US on the M1 Visa are registered in SEVIS.

Remember to keep the receipts for all these fees because they will be needed later.

After you have paid all the fees, you can schedule your visa interview and start gathering the required supporting documents.

Finally, there will be a visa interview which will require physical attendance, during the interview you will be asked questions designed to verify whether you meet the eligibility criteria for the M1 Visa.

Documents required

When you are applying for the M1 Student Visa, you have to submit a number of supporting documents to prove that you meet the eligibility requirements for it. Your portfolio has to include the following:

• A valid passport for at least six months beyond your intended stay in the US
• Proof of your educational qualifications
• Proof of your proficiency in English
• Evidence of having enough funds to cover your stay in the US
• Evidence of having strong ties in your home country, for example, a job contract or a lease for an apartment
• A passport size photograph.

To make sure that you prepared all the necessary documents, hire one of our immigration lawyers. Thanks to their help you can avoid delays caused by the failure to include some of the needed evidence

There are certain things that international students on M1 Visas are not allowed to do, however. These include:

• Working full-time out of campus
• Taking part in the vocational program as part-time students
• Changing schools or programs after six months of arriving in the US
• Enrolling in a degree bearing education
• Enrolling in language courses.
• Enrolling in technical courses

If you would like to ascertain your eligibility for a M1 Vocational Study Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

f.Q1 visa-Cultural Exchange Visa

The Q1 visa is a temporary USA exchange visa for international cultural exchange visitors that allows them to work. The employment also gives these participants the opportunity to share their culture and traditions with people in the US.

During the time that the Q1 visa holder spends in the US, they will participate in practical training programs that are given by their US employer. They will have the opportunity to gain and improve their skills, become familiar with US culture, and also inform US citizens of the visa holder’s history and customs of the country that they are from. This is a two-way beneficial program to increase cultural diversity and information exchange for the US and other foreign countries.

The main difference of the Q1 visa with the J-1 visa is that the programs for J-1 visa are administered by the US Department of State, while the Q1 visa programs are administered by USCIS. Therefore, all procedures for the Q1 visa must go through USCIS.

Requirements

To be eligible as a participant for the Q1 visa, you must fulfil these criteria:

• Be at least 18 years old.
• Be knowledgeable and skilled enough to be able to communicate the cultural aspects of your home country.
• Demonstrate that after you complete your Q1 program you will return to your home country.

As for the sponsor or employer of the Q1 visa holder, they must meet these conditions:

• Be a registered business in the US.
• Have an international cultural exchange program in their business.
• Employ international cultural exchange participants to share their culture.
• Has a person who acts as a liaison between the business and USCIS.
• Organizes events to provide cultural exchange information from the participant.
• Is able to compensate the Q1 visa holder for their services while in the US, with the compensation being similar to what they would pay US workers in that position.
• Is able to offer an appropriate working condition to the Q1 visa holder.

As you can see, there are more requirements from the employer or sponsor of the program than the participants. However, each eligibility criteria must be proved through valid documents during the application phase, and the participant must provide documents which prove they can get the Q1 visa.

Application process

The application procedure for the Q1 visa includes both the applicant and the employer or sponsor. The process must be initiated by the sponsor to get permission from USCIS so as to be able to hire the visa applicant.

Steps

File the petition 

All those employers or sponsors who hire foreign nationals to work in the US, must obtain approval for their petition from USCIS. They will have to petition to legally bring the foreign nationals into the country.

The way that is done is by filing Form I-129, Petition for Non-immigrant Worker to USCIS and paying the $460 filing fee. Besides the form and the receipt for the fee, the sponsor for the Q1 visa must also attach supporting document such as:

• Proof that they have an international cultural exchange program in their business, such as catalogs, brochures, or other promotional materials
• Proof that they are financially stable to pay the Q1 visa holder, such as financial statements, previous payments to similar positions, business tax forms, etc.
• Description for the exchange program with detailed activities and locations as to where the participant will share their cultural information
• Proof of the participant’s eligibility for the program by submitting documents for age and education

All these documents must be filed at an appropriate USCIS branch. After submission, USCIS will review the petition and send either an approval or denial for the program. If USCIS approves the sponsor’s petition for the participant, then they will send a Form I-797, Notice of Action to both the sponsor and the cultural exchange participant.

After USCIS gives approval for the petition, it is up to the program participant or visa applicant to go through the process of getting their visa. The application must go through a US Embassy or Consulate in the applicant’s country of residence.

Submit Form DS-160

Form DS-160, Online Non-immigrant Visa Application is the standard form that all non-immigrant visa applicants fill. It will inquire on your personal information, background, and purpose of visit to the US. You must fill out the necessary sections for your visa and then submit it. Upon submission, you will get a confirmation page and code which you need to have with you for your documents file.

Pay the Q1 Visa application fee

The visa application fee for the Q1 visa is $190. You must pay this fee to be able to proceed with your application. Besides the application fee, there might be other fees depending on the relationship of the US with your home country. These are called visa issuance fees and their amount is different depending on the country. Make sure you pay all the fees and keep the receipts, since you must attach them to your document file.

Schedule the Q1 visa interview

All non-immigrant visa applicants between 14 and 79 years old must attend a visa interview with an official from the US Embassy where they are applying. This is standard procedure and to be able to complete it, you must schedule a visa interview.

Since US Embassies might have high workloads, make sure you schedule your interview as early as possible to avoid long wait times. When you have scheduled it, you will receive an interview confirmation letter, which you need to bring with you on the day of the interview.

Compile your document file for the Q1 Visa Application

You must also have a documents file to support your application and prove you are eligible for the Q1 visa. The documents file has to contain the following:

• Your valid passport.
• A photograph meeting thePhoto Requirements for US visa application.
• Your Form I-797.
• The DS-160 confirmation page and code.
• Receipts proving you have paid the fees.
• The visa interview confirmation letter.
• Documents of your educational qualifications and previous work experience.
• Proof that you intend to return to your home country after completion of the exchange program.

Attend the interview

The interview is a crucial part of the application procedure. On the day of the interview, make sure you arrive on time and have all your documents with you. The interviewer will ask about your background and why you are going to the US. They will also ask about your future plans, so make sure to state that you will return to your home country

If you would like to ascertain your eligibility for a Q1 Cultural Exchange Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

a.H1B Visa

The H1B visa is also called a Person in Specialty Occupation Visa. This means that you qualify for the H1B visa if you are accepted in a specific job position which has the following requirements:

• Possession of an advanced educational degree such as:
  • A 4 four year Bachelor’s Degree (or equivalent degrees)
  • A Master’s or Doctoral Degree
• Advanced training or vocational skills (examples include fashion models)
• Qualify to work in research and development projects of the US Department of Defense or other government positions.
• Examples of job positions might be:
  • IT specialists.
  • Architects.
  • Accountants.
  • Professors.
  • Doctors.
  • Lawyers, etc.

The H1B work visa is initiated by an employer in the United States. The employer must have an open job position and they cannot find an American employee who is qualified enough to complete the work. This can be any position that requires higher education degrees or that is specialized enough in skills that not many people can do it successfully.

Then, the employer receives applications from various candidates and if the requirements for the job are fulfilled by a foreign employee, then the US H1B visa process is initiated.

H1B Visa Cap

The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1^st to September 30^th of the following year.  6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B visas. The applications of the first 20 thousand applicants with a master’s degree are exempt from this visa cap.

Requirements

Here are the steps you need to go through in order to apply for the H1B visa:

1. Make sure you qualify for the H1B visa.
2. Find a petitioner by applying for a job opening in the United States.
3. Have the petitioning initiated by your employer.
4. Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.

H1B Visa Petitioning Process for Employers

Here are the steps that employers need to go through to petition a foreign worker:

1. Have a Labor Condition Application (LCA).
2. File a petition with USCIS.
3. Fill in form I-129.
4. Submit the forms and the documents file.
5. Wait for the review from USCIS.

Steps to Apply for an H1B Visa

The H1B Application is filled by the applicant. In addition to the employers, employees or H1B applicants also have to complete these steps:

1. Fill in Form DS-160.The DS-160 is the most important part of the application. You need to follow all instructions and provide accurate information.
2. Schedule an interview.Try to schedule the interview as early as possible. US Embassies take time to process each request, so the earlier you make the appointment, the better it will be for you.
3. Pay the H1B visa fees. The application fee is $190.
4. Submit required documents for H1B Visa.
5. Attend the H1B interview.During the interview, you should have your documents and be prepared to answer extensive questions about your place of work and your specific job. If it is your first time applying, they will also take your fingerprints which will be saved in the US system.

Required Documents for an H1B Visa Application

After you have paid the H1B visa fees, you must submit the required documents for employees as listed below:

• Your current passport.
• Copy of your current passport pages.
• All previous passports.
• Receipts that prove you have paid your visa fees.
• A photograph which meets the Digital Image Requirements.
• Visa interview appointment letter (Original and 1 copy).
• Printed Form I-129 Receipt number and the original and 1 copy of Form I-129.
• Copy of Form I-797.
• Letter from your employer with your job description.
• Your qualifications (diplomas and certifications).

If you have worked before in the US, you also have to submit:

• Your tax return forms.
• Names and contact information of previous employers and supervisors.
• Resume or CV.
• Pay slips for the past 12 months.

If this is the first time you are applying, you should submit these additional documents:

• Resume or Curriculum Vitae (CV).
• Names and contact information of supervisors and managers of your current and previous jobs.
• Names and contact information of two co-workers of your current and previous jobs.
• A letter describing your job duties and responsibilities of the job you will have in the US.
• Photographs of your current and previous job locations.
• Photographs of the building where you will be working in the US (outside and inside), annual report, prospectus, any brochures.
• Bank statements

If you would like to ascertain your eligibility for a H1B Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

b.H1B1 Visa

In 2004, the US government signed the Free Trade Agreement (FTA) with Chile and Singapore. Under this agreement, Chile and Singapore nationals are eligible to apply to work in the US with the H-1B1 visa. Chile and Singapore permanent residents who do not have a passport from one of the countries are not eligible to apply for the H-1B1 visa.

The agreement specified that during one year, 1,400 visas would be given to Chile nationals, and 5,400 would be given to Singapore nationals. In total, this makes 6,800 visas for H-1B1.

This visa is given to professionals from these two countries. Professionals are those who have completed higher education degrees, such as Bachelor’s, Master’s, or Doctoral Degrees. This includes fields like:

• Mathematics
• Computer Science
• Engineering
• Physical Science
• Health care and medicine
• Business
• Biotechnology, etc.

In addition, others who might not have higher education degrees, but have extensive training and special skills also qualify for the H-1B1 visa, such as:

• For Chilean nationals only:
  • Agricultural Managers
  • Physical Therapists
• For both Singapore and Chile nationals:
  • Disaster Relief Claims
  • Management Consultants who have another degree besides their specialization, but can prove experience.

H-1B1 Requirements

The H-1B1 visa requirements are quite similar to the H-1B visa requirements. They include requirements from both employers and employees (H-1B1 visa applicants from Chile and Singapore).

Visa Requirements for Employers

Employers have to follow these procedures, file documents, and pay different fees to sponsor applicants for H-1B1 visas.

1. Offer a job position to a Chilean or Singaporean national. The job position has to require a professional who meets the educational and experience criteria.
2. Obtain Labor Condition Application (LCA) Certification through theETA-9035E Form from the Department of Labor. This form guarantees the US government and the employee that:

• The salary will be a full prevailing wage
• The employee will be notified of any changes made in the certification
• The work environment will conform to all US laws
• The government will be aware where the work is being completed
• The government will have company information, number of employees, state employee job descriptions, and income

This is the most important document that both employer and employee need to have approved before any other steps are taken. It is illegal for the employee to go to the US and start working without an approved LCA.

3. Pay the applicable fees. Except the Fraud Prevention and Detection fee, all other H-1B1 visa fees are the same as the H-1B visa. However, since Premium Processing is not available for the H-1B1 visa, the fee is also not available.
4. The employer has to hand in documents that prove to the Department of Labor that the employee is a national of Singapore or Chile (hand in copy of passport), their tax information, and a report of the wages that are paid to the state employees.

After the employer gets the LCA certification from the DOL and it is approved, the employee may start the application procedure.

Visa Requirements for Employees

The employee or applicant of the H-1B1 visa also has to fulfil some criteria and hand in documents for the visa application process.

• The applicant has to prove professional occupation through diplomas, certifications, and work experience letters
• The applicant cannot work as an independent contractor or freelancer
• The applicant has to prove that they intend to return to their country (Singapore or Chile) by presenting certificates such as property holdings or others. For more information on what documents constitute proof that you do not intend to stay in the US permanently, contact your local US Embassy.
• The applicant has to demonstrate that they have a job in the US by submitting job offer letters with a job description and benefits

H-1B1 Application

After gathering the certification and documents from the employer, and proving your eligibility for the H-1B1 visa, you can start the application procedure.

You must apply at the US Embassy in your country. This means that you have to apply from the consulates in Singapore or in Chile. The reason for this rule is that the Free Trade Agreement states that H-1B1 visas are only for these two countries and it is much more difficult to apply from other places.

Complete the DS-160 Form

The DS-160 form can be found online and needs to be filled with full and accurate information. It is one of the most important parts of the application together with your interview.

Schedule your interview

Try to schedule your interview as early as possible, since appointments take time to be scheduled. Also, if you complete your interview early, you will also get a response in less time and will know whether you have been granted the H-1B1 visa.

Submit the required documents

• Your valid passport
• Your job offer and description
• The LCA certification from DOL
• A recent US visa photograph taken within the last six months
• Your DS-160 Form confirmation page

You have the option of sending the documents via courier or in person. If you submit them in person, you will have to bring the originals, but if you send them via courier, you can attach copies.

Attend the interview

During the interview you will be asked about all the information and documents you have submitted, and the interviewers will try to determine whether you intend to stay permanently in the US or not.

H-1B1 Visa Processing Time

Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.

The time also depends on seasonal fluctuations, so for more accurate information, you should contact the US Embassy where you applied.

In addition, if you want to vary the status of your visa, you can also visit the US Department of State. On this page, you should choose the visa type (Immigrant or Non-immigrant), which for the H-1B1 visa, it is Non-immigrant. Then you should enter your location and your application ID, or case number. The website will show you whether your visa is pending or still processing.

H-1B1 Extension

The H-1B1 visa is given for 12 to 18 months, with the potential to extend it on a one year basis, indefinitely. So every time you see your visa is about to expire, you can apply for an extension 4 to 6 months before it expires. The H-1B1 visa can be extended indefinitely as long as you prove you are working in the US and that at some point you intend to return to Singapore or Chile.

Your employer will have to submit the LCA certification and you will have to submit your pay stubs to demonstrate you are working. There are two ways to extend or renew your H-1B1 visa:

• Your employer should apply 4 to 6 months before expiration
• You can seek a new H-1B1 visa at an embassy outside the US

H-1B1 Transfer

The H-1B1 visa transfer can mean two things:

• You want to change employers while you are on an H-1B1 visa
• You want to transfer to another type of visa

If you want to switch employers, your new employer should go through the same procedures of obtaining LCA certification from the Department of Labor and get a form I-797A. Your transfer must be approved before you start working. Another way that you can do this is by going to a US Embassy outside of the US and get another H-1B1 visa stamp with your new employer’s name and LCA number on it.

If you want to transfer to another visa, you have to go through the procedures as if you were getting the visa for the first time. For example, if you want to get an H-1B visa, you will have to get LCA certification and USCIS petition approval from your employer and then follow the other instructions.

During the time you are on an H-1B1 visa, you may apply for other types of visas, except the American Green Card. If you attempt to apply for the Green Card while on an H-1B1 visa, your status might be at risk and you could be deported.

However, if you intend to get the Green Card, you can apply to get a different type of visa, such as the H-1B, and then apply for the Green Card.

H-1B1 Dependents Visa

As a rule, your spouse and children under 21 years old are allowed to accompany you to the US while you are working. They can get H-4 visas, which allow them entry into the US, and they are allowed to enrol in academic studies. However, they are not allowed to engage in employment while in the US.

For your spouse to get approval, you will need to submit your marriage certificate. If your spouse is of a different nationality than Singaporean or Chilean, it is best for you to apply together for the visas. The reason for this is that if your spouse applies for the H-4 visa after you, they might be required to go to their home country and apply from the US Embassy there.

Health Insurance for H1B1 visa holders

The type of health insurance you are eligible as an H1B1 for depends on how long you will be staying in the United States. As an H1B1 visa holder you can have:

• Short-term insurance
• Long-term (domestic) insurance

If you would like to ascertain your eligibility for a H1B1 Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

c.H2A visa for agricultural visa

The H-2A visa is directed to those who will work on temporary or seasonal agricultural work. By seasonal, this means that the work is within a specified period of time or event. By temporary, it means that the work does not take more than 1 year to complete.

Based on this, employers in the US who have farms, farming companies or corporations, are allowed to hire farm hands from foreign countries. These farm hands will help the employers with agricultural related jobs for a specified period of time.

There is no cap for the H-2A visas. This means that anyone who applies for the visa and gets approved can come into the US to work and there are not restrictions on how many people can be employed in this work.

Who can apply for an H-2A visa?

The H-2A visa beneficiaries are US farm employers and foreign employees. Any US farm owner who needs extra workers qualifies to initiate the H-2A visa process for foreign workers. They should fulfil the following criteria:

• The job positions that they offer should be temporary and seasonal agricultural work
• Show that US workers are not willing, qualified, able, or available to work in those positions
• Show that by hiring foreign workers they will not negatively affect wages and work conditions of US employees in the same sector
• Have the necessary documents and petition approvals

In addition to the employers, there are conditions for employees too. The conditions to qualify for an H-2A visa as an employee are:

• Find a job from a US employer who is offering temporary agricultural work
• Prove that they intend to return to their home country after the visa expires
• Be of a certain nationality. Not all farm workers from all countries can come to the US to work. The Department of Homeland Security (DHS) has determined the number of countries from which H-2A workers can be hired. These countries are listed below:

However, if a US employer wants to hire an agricultural worker from a country that is not on the list, they will have to go through some procedures, such as:

• Send a request in writing to the DHS
• Identify the foreign workers by name, date of birth, country of birth, and country of citizenship
• Submit proof that the US benefits from giving an H-2A visa to the workers

The DHS will take into account the request and might update the list to include that country if they determine that it is in the interest of the US to have that worker in the country.

US employers who are hiring workers from countries on the list and off the list are recommended to submit two petitions. This is because it will take less time to process them if they are separated into two groups.

What are the requirements for H-2A employers?

Employers who want to hire foreign workers for temporary and seasonal agricultural work have to follow two steps:

• Get certification from the Department of Labor (DOL)
• Submit petition to USCIS
• MeetDOL requirements

If all of these are approved from their respective agencies, the applicant or employee can start the visa application. Otherwise, if the certification and petition are denied, the employee cannot get the H-2A visa and will not be allowed to enter and work in the US.

Certification from DOL

The first step to getting permission to hire H-2A workers for agricultural purposes is to get certifications from the US Department of Labor. This can be done by filing the following forms:

• Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer)
• Form ETA-9142A – Foreign Labor Certification

Form ETA-790 should be submitted to the State Workforce Agency where the work will be performed 60 to 75 days before the employer needs the agricultural foreign workers. This form together with the ETA-9142A should be filed to the Chicago National Processing Center (NPC) about 45 days before there is a need for the employees.

These forms are filed so that the DOL can verify the reasons that the US employer wants to hire foreign employees. They want to know that the employer was unable to find workers from the US who could do the work and that the workers will not affect the wages of US employees.

The certification is processed by the Chicago NPC and a decision is communicated to the employer 30 days before the employees are needed. If the DOL approves the Temporary Labor Certification, the employer can then move on to the next step.

Submit petition to USCIS

The second step is to petition for the US government to allow foreign workers to be hired in a US company. This is done by filing Form I-129 to USCIS. The form is filed by the employer and a fee if $460 is paid for it. Employers should file Form I-129 for each employee that they intend to hire.

The I-129 is reviewed from USCIS and a response is returned to the employer. If USCIS approved the petition, they will give a Form I-797 which means that the employee can start applying for the H-2A visa and is allowed to work in the US.

Meet DOL requirements

The Department of Labor has more requirements for employers in order for them to be allowed to hire foreign workers. The employer has to prove the following:

Efforts for recruitment

Pay foreign workers fair wages

Provide housing

Provide meals

Provide transportation

What are the requirements for H-2A employees?

After the employer has proven that they will meet all the necessary conditions to hire foreign workers and get approvals from DOL and USCIS, the employee can start their visa application. Applications are done at the US Embassy where the employee is applying from. These are the procedures:

1. Fill in the DS-160 form online
2. Pay the visa application fee of $190
3. Set up a visa interview appointment
4. Show up to the interview with these documents:
   • Form DS-160 receipt
   • Forms I-129 and I-797 to show USCIS approval
   • Your passport
   • One photo which meets the US Visa Digital Image Requirements
   • Documents which prove that you intend to return to your home country after your visa expires such as a deed of a property, a lease of an apartment, or letter from an employer who states that they will hire you when you return.
   • Documents for your family members if they are accompanying you
5. If your visa application is approved, apply for visa stamping
6. In case all of these procedures go well, at the end you will have a US H-2A visa through which you can go to the US to work temporarily

If you would like to ascertain your eligibility for a H2A Visa for Agriculture to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

d.H2B visa for non- agricultural workers

The H2B Visa is a non-immigrant visa that allows U.S. employers to hire foreign workers for temporary non-agricultural work. This can be a one-time job, seasonal job, intermittent, or peak load.

It’s the direct contrast with the H-2A visa, which is for temporary workers in the agricultural sector. At the same time, it’s different from temporary employment in the non-agricultural sector.

Non-agricultural seasonal workers, both skilled and unskilled, are eligible to apply for the US H2B visa. Business trainers, performers, athletes, camp counsellors, ski instructors, and home attendants for terminally ill patients are all typical eligible candidates for this visa.

You must first have a job offer for a position for which there is a scarcity of U.S. workers willing or able to fill it. With an H2B visa, you can bring your eligible immediate relatives to the United States.

The U.S. Congress set a numerical maximum of 66,000 H2B visas per fiscal year. 33,000 commencing in the first half of the fiscal year (October 1 – March 31) and 33,000 for employment commencing in the second half of the fiscal year (April 1 – September 30).

Because this category receives a high volume of applications, not all eligible applicants get a visa in the year they apply.

H2B Visa Requirements

To apply for the H2B visa, you need a sponsor in the United States. You must have a temporary job offer from your sponsor. The job offer must not be in agricultural or associated industries.

In addition, your sponsor (employer) must show that there aren’t enough US-based workers to fill the job positions. In summary, you must meet the following requirements to be eligible for application:

• You must be a citizen of one of the eligible countries as designated by the Secretary of State for the H2B Visa Program.
• Your sponsor (employer) must be US-based with labor certification.
• You must have the basic qualifications for the non-agricultural job you want to do.
• There must be no qualifying and willing U.S. workers to fill the position.
• You must have ties to your home country to show that you will return home when your visa expires.

Job Position Eligibility Criteria

The H2B Visa Program allows you to work in a variety of fields in the United States. However, to qualify as a temporary job position, it must be any of the following:

• Seasonal need: These are jobs that are needed during a specific season. These types of jobs are recurring, usually annually. However, the job duration cannot change and mustn’t be during the vacation period of permanent U.S. workers.
• Intermittent need: These are jobs without sufficient full-time workers. Hence, the employer needs temporary part-time workers to assist.
• Peak-load need: These are open job positions during very busy times, and an employer needs additional workers.
• One-time need: These are jobs that last for a very short period and just for a one-time period.

H2B Visa Application Process

To start your application, your employer must post recruitment adverts for the job in the United States. If no U.S. worker is available, then they can apply for a temporary labor certification from their local state workforce agency (SWA).

The U.S. Department of Labour will receive the application from the SWA and issue the labor certification after assessment. Following the approval of the labor certification, your employer must file a visa petition on Form I-129 with the USCIS.

Form I-129 is the petition for non-immigrant worker form. If you’re already lawfully in the United States on another visa, your current status will change to H2B after the approval of Form I-129.

This means you can start working with your H2B sponsoring employer immediately after the I-129 approval. If you’re outside the United States, you may need to undergo consular processing, which includes a visa interview.

Hence, you need to complete a U.S. non-immigrant visa application, Form DS-160. There are documents you have to present at your visa appointment. You may also have to attend a medical exam to prove you’re in good health to enter the U.S.

H2B Visa Required Documents

For applicants outside the U.S., you’ll need to provide all or some of the following documents at your visa appointment:

• Form DS-160 application confirmation page
• Form I-129 approval page from your employer
• Valid international passport
• Passport-style photographs according to U.S. visa standards
• Proof of ties to your home country to show that you’ll be returning. This could be proof of ownership of valuable property, family ties, etc.

If you’re applying alongside your dependents, then they’ll also present the following documents:

• Valid international passport
• Passport style photographs
• Birth certificates for unmarried children under 21
• Marriage certificate for spouse

You should only go with the original copies of this document. If any of your documents are not in English, you’ll have to provide certified English translations.

If you would like to ascertain your eligibility for a H2B Visa for Non-Agriculture to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. H3 Visa for special education workers

The H3 Visa is a non-immigrant visa that allows foreign citizens to temporarily come to the US either as a trainee to receive professional training in any field other than graduate medical education, or as a Special Education Exchange Visitor to participate in a special education programme focusing on helping children with disabilities.

Thanks to the H3 Visa, you can come to the US to receive training that is not available in your home country. You can then use the experience and skills you get in the US to find a job abroad. Keep in mind that if you come to the US on the H3 Visa, you will not be able to work.

Who qualifies as a Trainee for the H3 Visa?

To be able to receive the H3 Visa, Trainees have to be invited by an individual or organisation to come to the US to receive training that will help them find employment outside the US. Foreign citizens can train in any field including communications, finance, transportation, and agriculture. Nevertheless, other sectors might also be eligible for the H3 Visa.

To be able to receive a trainee, a US employer or organisation has to be able to show that:

• The training programs offered are not available in the foreign citizen’s country.
• The H3 Visa holder will not be placed in a position where US citizens and permanent residents are regularly employed.
• The H3 Visa holder will not engage in regular employment in the US.
• The training is intended to help the foreign citizen coming as a trainee to find employment outside the US.

Before the foreign citizen can initiate their application for the H3 Visa, a US employer or organisation needs to petition to USCIS on their behalf. In the petition, they need to include the following information:

• The type of training that will be given to the H3 Visa holder
• The structure of the training programme
• The duration of the training
• The reason why the training cannot be obtained in the visa applicant’s home country
• The reason why it is necessary for the applicant to receive the training in the US
• The remuneration that the trainee will receive
• The benefits the employer or organisation will have from taking on a trainee.

Who qualifies as a Special Education Exchange Visitor?

Organisations that want to host Special Education Exchange Visitors need to have professionally trained staff that know how to take care of and provide education to children with disabilities. Each year only 50 Special Education Exchange Visitors can be admitted into the US.

The application process for the H3 Visa as a Special Education Exchange Visitor starts with the facility submitting a petition to USCIS for them. The petition has to include the following:

• Description of the training the foreign citizen will receive
• Overview of the facility’s professional staff
• Description of what the foreign citizen’s tasks will be during the training
• Proof that the Special Education Exchange Visitor has completed or is about to complete a baccalaureate or higher degree programme in special education, or proof that the Special Education Exchange Visitor has extensive experience in working with children with physical, mental, or emotional disabilities.

What are the requirements for the H3 Visa?

Regardless, whether you want to receive the H3 Visa as a Trainee or as a Special Education Exchange Visitor, you have to meet the following requirements:

• Not be coming to the US with the purpose of receiving graduate medical training.
• Not be coming to the US to seek employment
• Not being a US citizen or permanent resident
• Be coming to the US to receive training that will help you find employment in another country.
• Be able to prove that the same training is not available in your home country.

As for the organisations that want to host H3 Visa holders, they have to:

• Be able to provide a detailed description of the training, its objectives and schedule
• Be able to prove that the training can help the foreign citizen find employment in another country.
• Be able to prove that the training is relevant to the field the applicant specialises in
• Be able to provide an example of how the foreign citizen can use the skills and experience gained during the training after they leave the US.
• Be able to prove that the organisation is adequately trained to work with children with disabilities.

If you are not sure whether you meet the requirements for the H3 Visa, talk to our immigration lawyers. They will assess your eligibility for it and can help you submit your application. If they determine that the H3 Visa is not the right permit for you, they will suggest what other US visas you can apply for. For example, if the main purpose of your trip to the US is to participate in a short recreational course of study, you could apply for the B2 Tourist Visa instead.

How to apply for the H3 Visa?

The application process for the H3 Visa starts with a US employer or organisation filing Form I-129, Petition for Non-immigrant Worker on behalf of the visa applicant. If you do not have a US sponsor, you will not be able to apply for the H3 Visa. The petition should not be filed more than six months before the planned start of the training.

After the petition is approved by USCIS, you will be able to proceed with the application. To do that, you will have to complete and submit Form DS-160 to the US Consulate in your home country. You will also need to include the following documents:

• Form I-797
• Valid passport
• Passport size photograph
• Birth certificate
• Marriage certificate (if you are legally married)
• Evidence of having ties in your home country that will make you go back there once your visa expires.

To make sure that you completed the application forms correctly, seek advice from one of our immigration lawyers. Any mistakes can lead to your visa application being delayed or even denied.

What are the privileges and limitations of the H3 Visa? 

If you are granted the H3 Visa, you will be able to enter the US and receive professional training. While your H3 Visa is valid, you will be able to leave and re-enter the US as many times as you wish. Moreover, if you would like to bring your loved ones to the US, they can apply for the H4 Visa and accompany you.

There are, however, certain limitations of the H3 Visa. When you are in the US on the H3 Visa, you will not be able to receive any type of medical training and you will not be able to seek regular employment. Similarly, if your dependents come to the US with you, they will not be allowed to work. Finally, once your visa expires, you need to leave the US immediately. It is not possible to extend it.

How long is the H3 Visa valid for?

If you receive the H3 Visa as a Trainee, you will be able to come to the US and stay there for up to two years. If, however, you are coming to the US as a Special Education Exchange Visitor, your H3 Visa will be valid for up to eighteen months

If you would like to ascertain your eligibility for a H3 Visa for Special Education workers to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

f.H4 Visa for dependents

The H4 visa is a dependent visa for family members of H visa holders. The visa is available to dependents of the following H visa holders:

• H1B Specialty Occupation Visa
• H1B1 Visa
• H2A Visa
• H2B Temporary Workers Visa
• H3 Trainee Visa

Dependents eligible for the H4 visa are spouses and unmarried children under 21. Though parents of H visa holders can’t apply for H4, they can travel to the US with other visa types.

With an H4 visa, you can travel to the US and live with the main H visa holder. This visa has many benefits, which include:

• You can live in the US
• You can attend schools
• You can open a bank account
• You can work anywhere with an EAD
• You can work full-time or part-time.
• You can get a social security number and tax ID
• You can start up your own business
• You can apply for a driver’s license

There’s no annual quota or cap on the number of people that can apply for an H4 visa. Hence, there’s no deadline, and you can apply at any time.

Required Documents

The following documents are necessary for your H4 visa application;

• Copy of your international passport
• Copy of the principal H visa (approved visa or application if applying at the same time)
• Copy of the international passport of the principal H visa holder
• Two passport size photographs
• H4 visa application confirmation
• Birth certificate for unmarried children under 21
• Marriage certificate for spouses
• A reference letter from the sponsor of the H1 visa holder
• Proof of financial stability
• Application fee receipts

You’ll upload some of these documents during the application process. You’ll also have to take them along with you to your visa interview.

The US Embassy only accepts original documents for visa applications. Other government-issued ID documents may substitute for birth and marriage certificates in some cases if the original documents are unavailable.Furthermore, you’ll need certified English translations for non-English documents.

H4 Visa Application

The first thing to do is to complete the Form DS-160 online. Provide all the necessary details and upload all required documents. Finally, print the application confirmation page – this is the page containing the barcode.

You have to pay the DS-160 application fee before the embassy can begin processing. Ensure to print the payment confirmation receipt.Next, you have to schedule a visa interview. The interview will most likely take place in the country you reside in. You can schedule an appointment with any US Embassy closest to you.

It’s important to schedule your interview as soon as you can. You also have to schedule an appointment for biometrics.

If you’re already in the US on a different non-immigrant visa, you don’t have to file Form DS-160. You have to apply for a change of visa status by filing Form I-539.

The form is available on the USCIS website. You’re to fill the form and submit it at the specified mailing address.

H4 Visa Fees

For the Form DS-160 application, the fee is $160. You may also have to pay a biometrics services fee of $85. If you’re in the US, the filing fee for Form I-539 is $370.

The money you pay for visa applications and biometrics services is non-refundable regardless of the outcome of your application.

Depending on your country of residence, you may need to pay a visa reciprocity fee after your visa interview. Mainly, it’s if your country also imposes additional fees for US nationals applying for visas.

H4 Visa Interview

Your H4 visa interview is a major deciding factor on your visa application. An embassy staff will ask you questions about your application. The interview questions will mainly be about yourself and your relationship with the principal H visa holder. The main reason for this interview is to ensure only genuine immediate relatives receive the visa.

Before attending your interview, try to know as much detail as you can about the principal H visa holder and their work in the US. Furthermore, the answer you give must be true with what you submitted in forms and other documents.

After your interview, you’ll know if your visa application is accepted or rejected. The verdict may not be out immediately. You may have to check the USCIS website regularly with your application number.

Nevertheless, you’ll get a notification from the embassy once a decision has been made on your application.

If you would like to ascertain your eligibility for a H4 Visa for Dependents to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

g.L1 visa for intracompany transferees

The L1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a US company. The US company must be a branch office, parent, subsidiary, or affiliate of the foreign company.

The employee that is transferred must work for the US company as a manager, executive, or person with specialized knowledge. If the employee will work as a manager or an executive, the visa is specifically called an L1A visa. If the employee will work as a person with specialized knowledge, the visa is specifically called an L1B visa.

The L1 visa is not an eligible for self-petition. The US company must file the petition on the employees behalf. Therefore, the US company is considered the petitioner, and the L1 visa recipient, is considered the beneficiary.

The L1 visa allows you to live and work in the United States for extended periods of time and also provides immigration benefits for your spouse and children.

What are the L1 Visa Requirements?

In order to get an L1 visa, there are 4 main requirements:

• There must be a qualifying relationship between the foreign company and the US company.
• The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L1 petition.
• The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.
• The employee’s work for the US company must be in a managerial, executive, or specialized knowledge capacity.

What Documents are Needed to Apply for an L1 Visa?

• The evidence that you submit with your L1 petition is extremely important to getting your visa approved.
• The specific documents you need to submit will depend on your particular case. Yourimmigration lawyer can help you determine exactly which documents you will need to provide, based on your particular case.

With that disclaimer, here is a general list of some of the documents you should expect to provide to your immigration lawyer:

• Copies of your passport for you and your family
• Your resume or CV
• A detailed job description outlining your US job
• A detailed job description of your position with your foreign company
• General information for both the US company and the foreign company

7. How to Apply for an L1 Visa

Here’s a simplified breakdown of the process of getting an L1 Visa:

Step 1 – Hire an Immigration Lawyer

• The L1 visa is an extremely complex visa category that requires experience, careful preparation, and strategy.
• Yourimmigration lawyer will walk you through the process step-by-step, conduct and in-depth consultation with you, and provide you with a detailed list of the documents they need to prepare your L1 petition.

Step 2 – Document Gathering

• At this stage, you will gather all the necessary documentation identified by yourimmigration lawyer, including a detailed description of your proposed job for the US company, evidence of your employment with the foreign company, and other pertinent evidence.

Step 3 – File Form I-129 and L Supplement

• The Form I-129 is the Petition for a Non-immigrant Worker.
• This is the Form your immigration lawyer will file to qualify you for an L1 visa.
• Your immigration lawyer will also file the L-supplement along with the I-129.
• Important Note: The L1 visa cannot be filed through self-petition. Your US employer is thepetitioner and you, the prospective L1 recipient, are the beneficiary.
• All of the supporting documents, such as your evidence of employment with the foreign company, CV, etc. will also be included with the I-129
• Once your I-129 is approved, you are eligible to apply for an L1 visa.
• If you are doing a Change of Status, your steps are complete upon I-129 approval.

Step 4 – Apply for L1 Visa

• If you are not doing a Change of Status, then you will likely be applying for your L1 visa at the Consulate of your home country.
• Upon approval of your I-129, you are eligible to apply for your L1 visa.
• Yourimmigration lawyer can assist you with scheduling an interview at the Consulate and preparing the necessary documents.

Important Note for Canadian Citizens:

• If you are a citizen of Canada, you may apply for your L1 directly at a US port of entry.

• To do this, you would apply directly to the Customs and Border Protection Agency.

• As a Canadian citizen, you are not required to file a petition with USCIS. 

If you would like to ascertain your eligibility for a L1 Visa for Intracompany transfers to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. L2 Visa for dependents

Spouses and children of L1 Visa holders can come to the US with them on the L2 Visa. To be eligible for the L2 Visa spouses have to be legally married to individuals coming to the US on the L1 Visa and children have to be unmarried and younger than 21 years old. Other family members such as parents, siblings, or grandparents cannot apply for the L2 Visa.

The L1 Visa is intended to facilitate the temporary transfer of individuals employed abroad to a US branch or a US-based subsidiary of the company they work for. Once the L1 Visa is granted, foreign workers can continue employment with this firm in the US.

If the L2 Visa application is successful, spouses coming to the US can apply for an Employment Authorization Document and also work in the US. It is possible to submit the application for it as soon as you arrive in the country. After the application is approved by USCIS, you can start looking for employment.

How to apply for the L2 Visa?

If you are a spouse or unmarried child under the age of 21 of an L1 visa holder and you want to apply for the L2 visa, you need to:

• Complete the DS-160 Online Non-immigrant Visa Application. This is the first step required to initiate the application process. Once you fill in all the information that the form asks for, you will receive a confirmation page. Make sure to print it out and keep it as you will need to show it during the visa interview at a later stage of the application process.
•  Pay the Application Fee. To complete and submit the DS-160 form, you will have to pay the application fee of $160. Sometimes you might also have to pay additional fees, depending on where you come from.
• Schedule a visa interview at a US embassy or consulate in your home country. It is an essential part of the application process. Without the interview, you will not be able to receive your visa and travel to the US.
• Schedule and attend the biometrics appointment. During the appointment officials working at the Visa Application Centre will collect your fingerprints, photos, and other information that might be required by immigration officers. You need to attend the biometrics appointment before you go to your visa interview. It is not possible to have both of them scheduled on the same date.
• Attend your visa interview. Once you have had your biometrics taken, you can attend your L2 visa interview. The purpose of it is to verify whether the information you included in your application is genuine. The interview usually lasts no longer than 20 minutes.

If you meet the eligibility criteria and all the information you provided in the application is true, you can expect a positive outcome. In most cases, if your visa is approved, the consular officer will inform you about it right after the interview. You can expect to receive your L2 visa within 10 business days after the date of your interview.

What are the requirements for the L2 Visa?

The L2 Visa is designed for dependents of L1 visa holders. Only those who’s relative is currently in the US on the L1 permit are eligible for the L2 Visa. To be eligible for the L2 Visa one of the following statements must apply to you:

• You are legally married to an L1 Visa holder● You are an unmarried child under the age of 21 of an L1 Visa holder.

This is the main requirement for the L2 Visa. If you do not fall under either one of these categories but you want to come to the US to be with your loved one, you might consider applying for a different US visa. For example, you could apply for the B2 Tourist Visitor Visa instead. If your application is successful, you will be able to come to the US for holidays but you would not be able to work while being there.

What documents need to be included in the application?

To be able to proceed with your L2 visa application, you will have to submit the following documents:

• A valid passport● A passport-style photo● An original marriage or birth certificate● Additional proof of your relationship with the L1 visa holder such as photographs● A copy of your relative’s approved petition for the L1 visa● The employment letter of your relative who holds the L1 visa● Payslips of your relative who holds the L1 visa if they are already working in the US● The confirmation of having paid the visa application fee

If you fail to include these documents, your visa application might be delayed or even rejected. If you are unsure what documents are required, seek advice from our expert immigration lawyers. They will help you prepare a portfolio of evidence, making sure that your application is complete.

If you would like to ascertain your eligibility for a L2 Visa for Dependents to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. TN Visa for NAFTA workers

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN non-immigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN non-immigrant status, if:

• You are a citizen of Canada or Mexico;
• Your profession qualifies under the regulations;
• The position in the United States requires a NAFTA professional;
• You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
• You have the qualifications to practice in the profession in question.

Eligibility Criteria

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as non-immigrants without a visa.  The TN category, a non-immigrant classification, simply reflects this general exemption from the visa requirement.  NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

If you would like to ascertain your eligibility for a TN Visa for NAFTA workers to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. I Visa for journalists

The I visa or journalist visa is a work visa for employees in the media, press and radio sectors who are temporarily in the USA for journalistic purposes within the scope of their work. We have assisted well-known broadcasters, film companies and television productions with the I visa application. 

The I visa is a non-immigrant visa for the United States specifically for foreign media representatives who wish to temporarily enter and reside in the United States of America to pursue their profession. The I category officially bears the name Foreign News Media and allows temporary assignment in the USA for journalistic purposes.

Journalists and correspondents who work for an American media office or a newspaper in Germany, for example, can also travel to the USA with an I visa to report on events from the United States for an audience outside the USA.

Please note: Journalists or (freelance) media staff do not always require an I visa. It is not the job title as a journalist that decides whether media representatives need a visa and, if so, which one.

Requirements

As with all U.S. visa categories, a wide variety of criteria must be met in order to qualify for a journalist visa. Below we will guide you step by step through the requirements catalogue.

PERSONAL REQUIREMENTS

The applicant retains his permanent residence outside the USA and intends to travel to the United States only for a temporary stay. The proof of sufficient financial means to be able to cover the stay in America also plays an important role in the examination of the visa application, especially for self-employed persons.

In addition, applicants must prove that they work for a foreign media company. This is usually done by presenting an employment contract which confirms that the person is, for example, a reporter or editor. Freelance journalists or freelance employees of production companies can also qualify for an I visa if they have a contract with a media company outside the United Staes for deployment in the USA and can prove regular royalties from the past. The U.S. consulate generally requires the presentation of a press card.

ACTIVITY-RELATED REQUIREMENTS

On-site activities may be used exclusively for the dissemination and collection of news or information. This means that the journalistic material (e.g. reportage, film material, etc.) may only be of a documentary nature if it is published outside the USA.

Excluded from the I visa category are persons or companies who produce commercial projects (advertising recordings etc.) and projects from the entertainment industry (documentary soaps, entertainment programs etc.). For these activities, an appropriate work visa must be applied for (O, P or H), which also includes a work permit from the U.S. Citizenship and Immigration Services (USCIS).

The applicant must remain employed or under contract with the media company outside the United States for the entire duration of the stay. The applicant must not receive any remuneration from the U.S. side or a U.S. company and must return to their original job after their stay. The connection to a media company outside the USA is therefore indispensable.

The majority of the financing of the project or the stay must not come from the USA.

Application

I visa applicants must usually present themselves in person to one of the responsible U.S. consulates during an interview appointment. There, in addition to the general application documents, documents on the employment relationship, purpose of entry and other documents on the intention to return should be presented. The application is usually submitted to the U.S. consulate of the country in which the applicant lives.

Validity

As a rule, I visas are issued for a maximum period of five years. However, depending on the respective journalistic project, a time limit of, for example, one year may apply.

If media representatives spend more time in the USA for journalistic purposes, the I visa does not have to be applied for again and again.

Attention: The U.S. border official decides on the day of entry how long foreign media representatives are allowed to stay in the USA with the I visa. He or she stamps the passport with the residence status. There either a concrete date of departure or “D/S”, which stands for “Duration of Status”, is noted. This information is also included in the electronic I-94 entry form.

The I visa holder may only stay in the United States for as long as the journalistic activity in the United States specified at the time of entry continues under the same conditions

If you would like to ascertain your eligibility for a I Visa for Journalists to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. R1 visa for religious workers

The R1 Visa is a religious-based visa available to foreign members of non-profit vocational associations. To be eligible, applicants must provide evidence of their professional roles and planned activities in the US. With an R1 visa, you can come to the United States as a religious worker or minister.

Examples of people that can apply for an R1 Visa include religious instructors, religious counsellors, liturgical workers, catechists, cantors, religious translators, religious broadcasters, workers in religious healthcare facilities & hospitals.

Certain workers in religious organizations cannot apply for an R1 visa. Examples are those working as clerks, fundraisers, maintenance workers, and janitors.

R1 Visa Eligibility

To be eligible for an R1 visa, you must meet the following USCIS requirements:

• You must be a religious minister coming to work in a religious occupation or vocation.
• You must have a job offer from a non-profit religious organization in the United States; or a job offer from a non-profit organization affiliated with a religious organization.
• You must be a member of the religious denomination for at least two years before your application.
• Your job position allows you to work at least part-time with no less than 20 hours per week.

Acceptable Religious Denominations

The US government only recognizes religious denominations with a codified discipline, doctrine, religious rituals, and ceremonies.

Members must share an ecclesiastical government, a uniform of worship, and a recognized creed. Tax-exempt international and domestic interdenominational religious groups may also qualify as religious denominations.

R1 Visa Required Documents

For your R1 visa application, you need the following documents:

• Approved Form I-129
• Form DS-160 confirmation page
• International valid passport for at least 6 months beyond your period of stay
• Fee payment receipts
• Passport photographs

You’ll have to provide documents to prove your status as a religious worker or minister. The document requirements sometimes vary from one applicant to another and may depend on the circumstances of one’s application.

The embassy will specifically state the documents you have to bring to your application before your interview.

R1 Visa Application Process

To start your application, your prospective or existing US employer has to file Form on your behalf. The employer must include evidence of eligibility for the classification being applied for. Your sponsor will file Form I-129, provide all necessary documents and pay the application fee.

The USCIS will review the application and either approve or deny the petition. The review process may involve a site visit to the sponsor’s headquarters to verify its status as a religious organization.

In addition, your sponsor may also attend an interview. If the petition is approved, you can then submit Form DS-160.

Form DS-160 is a non-immigrant online visa application form that you must complete to seek a visa to travel to the US after successfully processing Form I-129. You can access the form online. You will have to complete all necessary sections of the form and upload the required documents. You must also pay the application fee and submit the form online after completing it.

Print out the form confirmation page and also your payment receipt. Finally, you must schedule an interview appointment with the embassy.

If you’re in the US already but on a different visa, you shouldn’t submit DS-160. Instead, you have to file for a change of status with Form I-539

If you would like to ascertain your eligibility for a R1 Visa for Religious Workers to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

d.O1 visa for persons with extraordinary ability

The O-1 non-immigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O non-immigrant classification are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.

To qualify for an O-2 visa, your assistance must be an “integral part” of the O-1A visa holder’s performance and you must have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. worker. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder that are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the production.

If you would like to ascertain your eligibility for a O1 Visa for  Persons Extra Ordinary ability to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. P visa for athletes, artists and entertainers

P visas are granted to foreign nationals coming to the U.S. temporarily to work as an athlete, entertainer, or artist.

The P-1 classification applies to a person coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

The P-2 classification applies to a person coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

The P-3 classification applies to persons coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.[1]

P-1 Visas for Internationally Recognized Athletes and Entertainers

Athletes

If an athlete is coming to the US to compete on a team, the team that is petitioning for the athlete must have achieved international recognition in the sport. An athlete that will be competing in the US as an individual must demonstrate that he/she is internationally recognized. Individual athletes may be admitted for up to five years and athletes competing on a team may be admitted for the duration of the competition, up to one year.

Entertainers

To qualify for a P-1 visa, entertainers must be part of an internationally recognized group and the members of the group must have been performing together for at least one year, with the exception of circus personnel. Individual entertainers are not eligible for P-1visas. The P-1 visa is only issued for a specific itinerary and cannot exceed one year.

Petitioning for a P-1 visa

The petition for a P-1 visa may be filed by a US employer or organization, a foreign employer, or a US agent and must include the following evidence:

• Written contract between the individual and the petitioner, or in the absence of a written contract, a thorough description of the oral agreement
• Explanation of the event and itinerary
• Consultation from a labor organization, and
• At least two forms of documentation establishing the international calibre of the athlete, the athlete’s team, or the entertainment group.

If the petition is being filed by a US employer or agent, it should be submitted to the regional USCIS Service Center with jurisdiction over the petitioner. If a foreign employer is filing the petition, it should be submitted to the regional USCIS Service Center with jurisdiction over the location where the individual will begin employment.

P-2 Visas for International Exchange of Entertainers or Artists

The P-2 visa classification allows for the reciprocal exchange of artists and entertainers between US-based and foreign-based organizations. Both individuals and groups are eligible, so long as the exchange is between similar calibre performers employed under similar conditions and for similar periods of time. The P-2 visa does not require the same level of accomplishment as the P-1 visa. The petition must be filed by the US labor organization that negotiated the exchange agreement, the sponsoring organization, or a US employer.

P-3 Visas for Culturally Unique Programs

The P-3 visa classification is reserved for artists and entertainers who will participate in a “culturally unique” program. The category is open to individuals or groups who will perform, teach, or coach in a program that is culturally unique. The P-3 visa applicant must be at least 18 years of age, be qualified to perform the work as specified on the petition, and have not resided in the US during the last year prior to arrival. The application must include an I-129 form with a P supplement and evidence documenting the cultural uniqueness of the program. The application must be submitted to the USCIS Service Center with jurisdiction over the petitioner’s location.

What are some problems and issues to consider when submitting a P Petition?

• USCIS’ interpretation of the term “culturally unique” depends on the reviewing officer
• Logistical issues, such as rush jobs, changing itineraries, changing members of a group
• USCIS’s limited, traditional view of athletes which can restrict athletes in new sports

If you would like to ascertain your eligibility for a P Visa for Athlets, Artists and Entertainers to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. E3 visa for Australians

The E-3 visa classification applies only to nationals of Australia, their spouses and children under the age of 21.  E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens.  If your spouse, partner and/or children under the age of 21 wish to accompany or join you for the duration of your stay, they may be eligible to apply for derivative visas

Each year 10,500 non-immigrant E-3 temporary work visas are available to nationals of Australia who work in speciality occupations, as well as their spouses and children.

Applying for an E-3 work visa is a relatively straight forward process in most cases.

Eligibility

To be eligible for an E3 visa, you must:

• Be an Australian Citizen (you must have an Australian passport);
• Have a University Degree (that is deemed equivalent to at least a US Bachelor’s Degree), or 12 years of relevant work experience, or a qualifying combination of school and experience; AND
• Have an offer for a job that typically requires a Bachelor’s Degree in your area of study.

Process

• The first step is to receive a job offer from a US employer.
• Your employer will obtain an “LCA” from the US Department of Labor (we complete this step for our clients).
• Your employer is legally required to comply with certain notice and recordkeeping requirements (we guide our clients through this compliance step so that the burden on the employer is minimal).
• You may apply for your E-3 visa at a US consulate (in some situations you can apply for E-3 status from within the US, but visas can only be issued at US consulates).
• You must take a copy of the LCA approval, along with other evidence to prove your eligibility, to your visa interview

If you would like to ascertain your eligibility for a F3 Visa for Australians to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com

1. a. E1 Treaty trader visa

The E1 is a non-immigrant visa that allows foreign nationals to enter the United States for trade-related purposes. It works for business owners and employees who wish to work for an enterprise or personally engage in trade (imports/exports) with the United States.

An E1 visa applicant must be a citizen of one of the countries with which the US maintains a Treaty of Commerce and Navigation.

The E1 visa has requirements for both business owners and their employees.

To qualify for E1 Visa as a treaty trader (business owner), you must:

• Be a national of one of the 78 countries with which the US maintains a treaty of commerce.
• Engage in substantial trade
• Carry on principal trade between your country and the US.
• At least 50% of the overall volume of your trading transactions must be between the United States and the treaty country you represent.

To qualify for E1 Visa as an employee of a treaty trader, you must meet the following conditions:

• Your nationality must be the same as your E1 employer.
• You must be carrying out either an executive or supervisory role in the business. If you have a lesser role, you must have special qualifications that make your services essential to the business operation.

The E1 visa application procedures may vary from one embassy/consulate to another. Therefore, it is best to follow the guidelines on the website of the embassy/consulate where you will apply or consult an immigration expert for guidance.

In general, however, every applicant must do the following to apply for an E1 visa.

• Complete Form DS-160, Online Non-immigrant Visa Application: After completing the form online, you will need to print the confirmation page, which you will take to your interview later.
• Upload a photo: Upload a photo in the space provided while completing your application.
• Payment: You must pay the required fee for your application. The total amount may vary depending on your country of origin. You will get the details and how to pay on the embassy/consulate website.

Supporting Documents for E1 Visa

Apart from the generally requested documents, you will need to provide some additional documents to establish your qualification for the visa. This may include the following:

• Proof of Nationality: Copy of the biographical page of your passport (biographical page is the page that has your biodata, such as name, date of birth, passport number, expiration date).
• Proof of Business Ownership: This depends on the form of business.

Sole Proprietorship:

• Business registration documents

Partnership:

• Partnership or joint venture agreement
• Stock or shares certificates showing the total shares issued and outstanding shares

Corporation:

• Stock or shares certificates showing the distribution of ownership
• Corporate matrix
• If trading publicly on the principal stock exchange of a treaty country, include a sample of recently published stock quotations.

Trade Documents:

• Bills of lading
• Purchase order
• Letters of credit
• Sales contracts or contracts for services
• Trade brochures
• Client lists
• Carrier inventories
• Insurance papers documentation
• Accounts receivable and accounts payable ledgers
• Other documents that can help prove that international trade is substantial, and at least 51% of the trade is between the treaty country and the US.

NOTE: Since circumstances vary greatly from one applicant to another, the specific documentation may also vary. You should expect that the consular officer will ask for all items they need to help make a decision on your application. So, you should prepare to make them ready in due time to avoid delays.

If you would like to ascertain your eligibility for a E1 Treaty trader Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. E2 Treaty investor visa

The E-2 Visa, also known as the Treaty Trader and Investor Visa, is a non-immigrant permit for investors and investment companies who are from a treaty country. This visa allows investors to live and work in the United States for the purposes of developing their business.

To be eligible, you must intend to invest substantial funds in a bona fide U.S. business. In this case, a bona fide business refers to a real, active commercial, or entrepreneurial undertaking that produces services or goods for profit.

Executive, managerial, and employees with specialized knowledge relating to your business are allowed on this visa provided that they are of the same nationality as the treaty investor.

Those who receive E-2 investor visas can work only within their approved enterprise. If you have significant financial assets that you wish to invest in a U.S. business, this may be the best option for you to enter the country.

What are the E-2 Visa requirements?

To be eligible for the E-2 Treaty Investor Visa, visa applicants must meet the following requirements:

• If you an individual investor, you must be national from a treaty country
• You have either invested or are currently investing a substantial amount of capital in a bona fide enterprise in the United States
• You are looking to enter the United States for the sole purpose of developing and directing your investment enterprise
• You must demonstrate that you hold at least 50% ownership of the enterprise or operational control through either a managerial position or another corporate device
• Your investment must be made in the attempt to generate a profit within five years
• Your business must employ the U.S. workforce
• Your company must be actively engaged in trade relations with other U.S. enterprises
• You already have a business plan detailing the strategy of your new business

How to apply for an E-2 Visa

The first step of your E-2 Visa application is to submit a DS-160 Form (Non-immigrant Visa Form). If you are traveling with your employees or colleagues, each applicant needs to file a separate DS-160F. Overall, the E-2 Visa application steps are as followed:

1. File the Form DS-160 (Non-immigrant Visa Application)
2. Pay the application fee
3. Prepare a portfolio of evidence that supports your visa application
4. Schedule and attend the visa interview

DS-160 (Non-immigrant Visa Application) is an online form that will ask you questions regarding your background and purpose for entering the United States. After you have completed this form, you will be shown a confirmation page and number at the end. It is important that you print out this page and save it for later use and it will need to be submitted in your portfolio of evidence.

The United States Citizenship and Immigration Services (USCIS) will then require access to further documentation. You must provide proof of a stable source of income and evidence of your intent to return to your country of origin at the end of your authorized stay.

It should be noted that each U.S. Embassy or Consulate may have additional application requirements. For example, in some cases, you may be asked to fill out the Non-immigrant Treaty Trader (also known as Treaty Investor Application).

What documentation do you need to apply for an E-2 Visa?

The most relevant part of your application consists of proving that your business meets the E-2 Visa requirements. The following evidence is requested:

• Form DS-160 (Non-immigrant Visa Application)
• Form DS-156E (Non-immigrant Treaty Trader / Investor Application)
• Receipt of application fee payment
• A passport valid for at least six months beyond the period of stay in the United States
• Photograph (must be according to U.S. passport standards)
• A comprehensive business plan with detailed information on how to grow and expand operations
• Your curriculum vitae/resume (this should include details of your business experience and any other qualifying credentials you have may)
• Evidence that supports your employment in either a supervisory or executive capacity, or demonstrates that the visa applicant possesses the highly specialized skill capacity essential to the efficient operation of the business
• Evidence that demonstrates that you have full possession and control of the investment funds (ex. bank records, financial statements, loans, savings, or promissory notes)
• Evidence of remittance to the U.S. (bank drafts, transfers exchange permits or receipts)
• Evidence of the establishment of an existing business in the U.S. (articles of incorporation, partnership agreement, organization, and staffing charts, shares, titles, contracts, receipts, business licenses or property leases)
• Proof of investor(s) nationality (passports, articles of incorporation of parent company or stock exchange listings)
• Proof of U.S. investment (titles, receipts, contracts, loans or bank statements)
• Proof that you have substantial funds to invest (ex. audits, U.S. corporate or business tax returns)
• Evidence that proves that your business is not a marginal enterprise (ex. payroll records, IRS Form 941, personal tax returns, evidence of other personal assets and income)
• Supporting documentation that shows your investment enterprise is a real, operating business (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate)[1]

If you would like to ascertain your eligibility for a E2 Treaty Investor Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. A1 and A2 Visa for Diplomats and Foreign Government Officials

Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. They cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government — who qualifies for an A visa regardless of the purpose of travel — your position within your country’s government and your purpose of travel determine whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.

To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa.

About Visa Interviewers

As part of the visa application process, an interview at the U.S. Embassy or Consulate is required for most visa applicants applying abroad.  Embassies and consulates generally do not require interviews for those applying for A-1 and A-2 visas, although a consular officer can request an interview.

Personal employees, domestic workers, and attendants of A-1 or A-2 visa holders applying for A-3 visas are required to be interviewed.  

Complete the Online Visa Application

• Online Non-immigrant Visa Application, Form DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page. You must submit the confirmation page as part of your application. (Important Notice:  For A-1 or A-2 visa holders on assignment in the United States reapplying for an A visa, use Form DS-1648, not DS-160.
• Photo –You will upload your photo while completing the online Form DS-160. Your photo must have been taken within the past six months, and must be the format explained

Submit Required Documentation

All applicants for A visas should gather and deliver the following required documents to the U.S. Embassy or Consulate in your home country:

• Passport valid for travel to the United States – Your passport must be valid for at least 6 months beyond your period of stay in the United States . If more than one person is included in your passport, each person who needs a visa must submit a separate application.
• Non-immigrant Visa Application, Form DS-160 confirmation page (For applicants applying outside the United States)
• Photo – You will upload your photo while completing the online Form DS-160..
• A diplomatic note – This note is written confirmation from your country’s government of your status and official purpose of travel. A-3 applicants also require diplomatic notes to confirm the official status of their employers. Beginning July 1, 2014, the sending government must provide the following information in the diplomatic note submitted with any A-1 or A-2 visa application outside the United States, and for any request for a change into such visa status in the United States:
  • the government official’s or employee’s name, date of birth, position and title, place of assignment or visit, purpose of travel, a brief description of his or her duties, travel date, and the anticipated length of the tour of duty or stay in the United States, and
  • the names, relationships, and dates of birth of any dependents and other members of household who will be accompanying or joining the government official or employee.
• For an immediate family member applying separate from the principal visa applicant – A copy of both the visa and the I-94 (both front and back) for the principal visa holder is required

If you would like to ascertain your eligibility for a A1 & A2 Visa for Diplomats and Foreign Government Officials to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. T visa for victims of trafficking

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers typically lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under U.S. immigration law by the Victims of Trafficking in Persons (T) non-immigrant visa. This status allows victims of human trafficking to remain in the United States to assist in investigations or prosecutions of human trafficking violators.

Foreign citizens seeking T-1 non-immigrant status must be physically present in the United States already, due to human trafficking. Therefore, U.S. Embassies and Consulates abroad (outside the United States) do not issue T-1 visas, but may issue qualifying family members T (derivative) visas

In order to receive T-1 non-immigrant status, you must be eligible and you must comply with the application requirements set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, applicants must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port-of-entry due to trafficking, or they must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You may apply for T-1 non-immigrant status by filing a Form I-914, Application for T Non-immigrant Status, with USCIS. Applications for T-1 non-immigrant status must be filed with the USCIS Vermont Service Center and will not be accepted at U.S. Embassies or Consulates overseas

If you would like to ascertain your eligibility for a T Visa for Victims of Trafficking to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

c .U visa for victims of crime

Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition for U non-immigrant status to the U.S. Citizenship and Immigration Services (USCIS). Victims must have suffered substantial mental or physical abuse due to the criminal activity and possess information concerning that criminal activity. Law enforcement authorities must also certify that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity.

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply.

Complete the Online Visa Application

• Online Non-immigrant Visa Application, Form DS-160 –  about completing the  You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
• Photo – You will upload your photo while completing the online Form DS-160. Your 

Schedule an Interview

If your Petition for U Non-immigrant Status is approved by USCIS and you are outside of the United States, you must apply for a U visa at a U.S. Embassy or Consulate, generally in your country of permanent residence. You may request your visa appointment immediately upon receiving the Form I-797 from USCIS stating your U non-immigrant petition was approved. 

If you would like to ascertain your eligibility for a U Visa for Victims of Crime to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. G visas and NATO visas

G visas are visas which allow employees of international organizations to enter the US. NATO visas serve the same purpose, but they are only for NATO employees. The officials from international organizations and NATO must be on official duties from their employers. Otherwise, if they want to enter the US on any other capacity, they must get different visas. If they are coming for tourism, then the tourism visas are more appropriate.

The international organization which the employee works for or NATO must prove that they are sending the person for working activities such as meetings or workshops.

With any G visa or NATO visa, the employee can enter and stay in the US. They must stay only for the duration of the official activities. That is why, most often, the G visas and NATO visas are only for the period of time that the person has duties in the US. The employee cannot use this visa for other purposes than their work.

During the time they are in the US, the official cannot work for any other employer. They are not allowed to enrol in a university or attempt to overstay their visa. Additionally, if the person qualifies under the Visa Waiver Program, they must still apply for the G visa or NATO visa. Officials of international organizations or NATO are not allowed to enter the US for official duties with the Visa Waiver Program.

What are the Types of G Visas?

Under the US rules, there are 5 types of G visas as follows:

• G-1 visa for permanent mission members of a recognized government who work for an international organization and their dependents;
• G-2 visa for representatives of a recognized government travelling to the US for meetings of an international organization and their dependents;
• G-3 visa for representatives of a non-recognized or non-member government and their dependents;
• G-4 visa for individuals travelling to the US to be appointed to an international organization including the United Nations, and their dependents;
• G-5 visa for personal employees or domestic workers of G-1 to G-4 visa holders.

What are the Types of NATO Visas?

There are 7 types of NATO visas, as follows:

• NATO-1 visa for permanent members of NATO or any of its subsidiaries, or for staff members of principal NATO representatives;
• NATO-2 visa for representatives of members states of NATO or any of its subsidiaries, or advisors/technical experts to a NATO delegation;
• NATO-3 visa for a member of the official clerical staff accompanying representatives of member states to NATO or any of its subsidiaries;
• NATO-4 visa for foreign nationals classified as NATO officials;
• NATO-5 visa for foreign nationals classified as NATO experts;
• NATO-6 visa for members of a civilian component of NATO;
• NATO-7 visa for attendants or personal employees of NATO-1 to NATO-6 visas.

What are the Requirements of G Visas and NATO Visas?

To receive any of the G visas or NATO visas, officials must prove that they have been sent by their corresponding international organizations or NATO. They must present evidence of the duties they will have while in the US. to prove eligibility for the visas.

The applicants are not allowed in any circumstances to get a G or NATO visa if they are not on official duties.

Those who are applying for G visas must prove that the international organization is recognized by the US government and president.

Some officials are exempt from having to get a NATO visa. This is applicable only if the person travelling belongs to the armed forces personnel and is:

• Attached to the NATO Allied Headquarters in the US. and is on official duties;
• Entering the US under the NATO Status of Forces Agreement

If you are travelling as armed forces personnel, you are generally required to enter the US on a military aircraft or a naval vessel. At the point of entry, you must present your military ID and supporting documents from NATO. If you have family travelling with you, they must have a valid NATO visa or they will not be allowed to enter the US.

How to Apply for a G Visa or a NATO Visa?

The steps to apply for the G visas or NATO visas are similar and are as follows.

File Form DS-160 or Form DS-1648

Form DS-160, Online Non-immigrant Visa Application is the main application form for visas in the US. You can access it online and answer the questions it has. The form mostly asks for background information and the purpose of travel. You must use Form DS-160 only if you are applying for a G-1 to G-4 visa or NATO-1 to NATO-6 visa for the first time.

After you complete Form DS-160 online, save the confirmation page that it gives you. You will need the page later to attach it to your documents.

Alternatively, if you have held a G-1 to G-4 or NATO-1 to NATO-6 visa before, use Form DS-1648, Online Application for A, G, and NATO Visas.

Submit supporting documents

In addition to the main application forms, you must also attach supporting documents. They will be used by the US Embassy to evaluate your application and eligibility of the visa. Prepare a file with these documents:

• Passport which must be valid for more than 6 months after your return from the US.;
• Form DS-160 confirmation page;
• Photos which meet the USA visa Photograph Requirements;
• Diplomatic note from the international organization or NATO confirming your status and explaining your duties in the US. The letter must include:
  • The employee name, date of birth, job title, the name of the international organization the person will be working for, description of duties, travel dates, and length of stay in the US.;
  • The same information of the dependents of the employee if they are accompanying him or her.

The US Embassy might require additional documents based on the person’s position and purpose of visit to the US.

Visa interview

The US does not require a visa interview for those applying for a G-1 to G-4 or NATO-1 to NATO-6 visa. Only those who are applying for a G-5 or NATO-7 visa will have to attend a visa interview at the US Embassy where they are applying. The interviewer will ask for application information and will then make a decision regarding the vis

If you would like to ascertain your eligibility for a G Visas and NATO Visas to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. S visas for informants

The S visa is a US non-immigrant visa that allows persons who witnesses or informants to assist law enforcement and provide information about a criminal organization in the US. It is otherwise known as the “Snitch” visa. This visa is temporary and does not give permission to live in the US permanently.

What Are the S Visa Requirements?

Since there are two main types of S visas, they both have different requirements. For the S-5 visa, the Attorney General is the main authority to determine the eligibility. For the S-6 visa, the authorities for determining eligibility are the Attorney General and the Secretary of State.

The requirements for the S-5 visa for Criminal Informants are as follows:

• The informant must have reliable information about an important aspect of a crime or pending commission of a crime;
• The informant must be willing to share that information with US law enforcement officials or become a witness in court;
• The informant’s presence in the US is important and leads to the successful investigation or prosecution of that crime.

The requirements for the S-6 visa for Terrorist Informants are as follows:

• The informant must have reliable information about an important aspect of a terrorist organization or their activities;
• The informant must be willing to share that information with US law enforcement officials or become a witness in court;
• The informant is or will be in danger if they give this information;
• The informant is eligible to receive an award from the State Department
• because they provided this information.

How to Apply for the S Visa?

The person who is an informant cannot apply for the S visa. They must go to the law enforcement authorities to prove that they have valuable information. The authorities will first determine whether the person is eligible under the S-5 or S-6 visas.

If the person is eligible, the law enforcement agency will file an application. The application is to submit Form I-854, Inter-Agency Alien Witness and Informant Record. Form I-854 must also have a worksheet prepared by the Office of Enforcement Operations (OEO). Finally, they must also attach any supporting documents.

The person who is being considered for the S visa must also write a declaration. This declaration will certify that the applicant is waiving their rights to a deportation hearing and to contest. The application is then signed by a senior official of the law enforcement agency. It is then submitted for adjudication.

Finally, the application is considered by the Attorney General, the State Department, and the OEO. They work together and make a decision about the visa.

How Long is an S Visa Valid?

The S visa is only valid for 3 years. The US authorities have determined that 3 years is enough time for the informant to communicate any valuable knowledge on criminal or terrorist activities. After the 3 years, the informant must either return to their home country or seek a change in status.

The S visa does not allow for an extension. It is also difficult for the informant to qualify for changes in status due to their inadmissibility. But, one potential solution is to apply for a Green Card

If you would like to ascertain your eligibility for a S Visa for Informants to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

1. C Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Transit (C) visas are non-immigrant visas for persons traveling in immediate and continuous transit through the United States en route to another country, with few exceptions. Immediate and continuous transit is defined as a reasonably expeditious departure of the traveller in the normal course of travel as the elements permit and assumes a prearranged itinerary without any unreasonable layover privileges. If the traveller seeks layover privileges for purposes other than for transit through the United States, such as to visit friends or engage in sightseeing, the traveller will have to qualify for the type of visa required for that purpose.

How to Apply

You must take several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply.

Complete the Online Visa Application

• Online Non-immigrant Visa Application, Form DS-160 

 You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.

• Photo – You will upload your photo while completing the online Form DS-16

• You must schedule an appointment for your visa interview, generally, at the S. Embassy or Consulatein the country where you live. You may schedule your interview at any U.S. Embassy orc consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence

1. Crew member visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Crewmember (D) visas are non-immigrant visas for persons working on board commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days. If you travel to the United States to join the vessel you will work on, in addition to a crewmember (D) visa, you also need a transit (C-1) visa or a combination C-1/D visa.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply

Complete the Online Visa Application

• Online Non-immigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
• Photo – You will upload your photo while completing the online Form DS-160. 

• You should schedule an appointment for your visa interview at the S. Embassy or Consulatein the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.
• Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply

If you would like to ascertain your eligibility for a C Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

a.Spouse

If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required. 
• Non-immigrant visa for spouse (K-3) – It is important to note that application for the non-immigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:  Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F.

fiancé(e)

If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a non-immigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

• Parent• Brother or sister

If you would like to ascertain your eligibility for a Spouse & Fiance Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

Family preference immigrant visas are granted to more distant relatives of US citizens and legal permanent residents. While a distant relative’s relationship to a US citizen may allow them to qualify for a visa or green card, visas in this category are subject to numerical limitations and potentially decades-long wait times before being issued. It is only when an applicant’s priority date becomes current that an immigrant visa may be issued.

A person may qualify as a preference relative if they fit into any of the following categories:

• Family First Preference (F1): Unmarried sons and daughters aged 21 and over of US citizens, and their minor children, if any.
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (aged 21 and over) of legal permanent residents. A minimum of 77% of all visas available for this category will be granted to spouses and children, with the rest being allocated to unmarried sons and daughters.
• Family Third Preference (F3): Married sons and daughters aged 21 or over of US citizens, and their spouses and minor children.
• Family Fourth Preference (F4): Brothers and sisters of US citizens, and their spouses and minor children, provided the US citizens are at least 21 years of age.

If you would like to ascertain your eligibility for a Family Preference Visa to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

Every fiscal year (October 1^st – September 30^th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

CATEGORIES

Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability

There are three sub-groups within this category:

1. Persons with extraordinary abilityin the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
2. Outstanding professors and researcherswith at least three years’ experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
3. Multinational managers or executiveswho have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

1. Professionals holding an advanced degree(beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

1. Skilled workersare persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
2. Professionalsare members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
3. Unskilled workers (Other workers)are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (E4): Certain Special Immigrants

A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
2. Ministers of Religion
3. Certain Employees or Former Employeesof the U.S. Government Abroad – Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
4. Certain Former Employeesof the Panama Canal Company or Canal Zone Government
5. Certain Former Employeesof the U.S. Government in the Panama Canal Zone
6. Certain Former Employeesof the Panama Canal Company or Canal Zone Government on April 1^st, 1979
7. Iraqi and Afghan interpreters/translatorswho have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters for more information.
8. Iraqi and Afghan nationals who have provided faithful and valuable servicewhile employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20^th, 2003 and prior to September 30, 2013, or while employed by, or on behalf of the U.S. government, the International Security Assistance Force (ISAF), or a successor mission in Afghanistan for a period of not less than one year between October 7^th, 2001 and December 31, 2023, and have experienced an ongoing serious threat as a consequence of that employment. See Special Immigrant Visas for Iraqis – Worked for/on behalf of the U.S. Government and Afghans – Worked for/on behalf of the U.S. Governmentfor more information.
9. Certain Foreign Medical Graduates(Adjustments Only)

• Certain Retired International Organization Employees
• Certain Unmarried Sons and Daughtersof International Organization Employees
• Certain Surviving Spousesof deceased International Organization Employees
• Special Immigrant Juveniles(no family member derivatives; Adjustments Only)
• Persons RecruitedOutside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
• Certain retired NATO-6 civilians
• Certain Unmarried Sons and Daughters of NATO-6 civilians
• Certain Surviving Spouses of deceased NATO-6 civilian employees
• Persons who are beneficiariesof petitions or labor certification applications filed prior to September 11^th, 2001, if the petition or application was rendered void due to a terrorist act on September 11^th, 2001
• Certain Religious Workers

Employment Fifth Preference (E5): Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.

If you would like to ascertain your eligibility for a Employment Sponsored Visas to USA, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

4.Green Card

Having a Green Card  allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation.

1. Diversity visa program

The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).

Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa. 

1. Family based green card

U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, you need to apply for Green Card for Immediate Relatives of U.S. Citizen 

Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:

• First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
• Third preference (F3) – married sons and daughters of U.S. citizens; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older)

1. Employment based green card

  U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

• First preference (EB-1)– priority workers
  • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
  • Outstanding professors and researchers; or
  • Certain multinational managers and executives.
• Second preference (EB-2)– aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 
• Third preference (EB-3)– skilled workers, professionals, or other workers

returning Resident Visas

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

If your application for returning resident status is approved, this eliminates the requirement that an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad – If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the United States.

Step 1 – Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

Applying for a Returning Resident Visa

If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact the nearest U.S. Embassy or Consulate in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing. As part of the visa application process, an interview at the U.S. Embassy or Consulate is required. .

Required Documentation

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

A consular officer will review your application and supporting documents to determine whether you meet the criteria for Returning Resident (SB-1) status. If you do, you must be eligible for the immigrant visa in all other respects in order to be issued a Returning Resident (SB-1) immigrant visa.

Required Fees

The following are the required fees:

• Application to Determine Returning Resident Status, Form DS-117. Select Fees for current Department of State fees.

Additionally, if you are approved for Returning Resident (SB-1) status, the following fees will be required based on the immigrant visa processing explained below:

• Form DS-260 application processing fee
• Medical exam and vaccination fees

Step 2 – Immigrant Visa Application and Documentation

The U.S. Embassy or Consulate will provide you with specific instructions for the remainder of the processing for your Returning Resident (SB-1) immigrant visa. While exact instructions may vary by embassy or consulate, these instructions will include:

Before your interview:

• Instructions for your medical examination, including a list of required vaccinations

Instructions for your interview, including the following documentation to bring:

Form DS-260, Immigrant Visa and Alien Registration Application. 

Preview a sample DS-260 (6.4MB).

Original passport;

Two photographs, meeting Photograph Requirements

A list of civil documents to bring to your immigrant visa interview, as requested by the embassy or consulate

If Your Application to Determine Returning Resident Status is Not Approved

If, after reviewing your Application to Determine Returning Resident Status, Form DS-117, and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States, it may or may not be possible to obtain a non-immigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally

If you would like to ascertain your eligibility for a USA Green Card, you can book an appointment for an initial consultation with our USA Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.