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H-1B ProcessThe H-1B Visa program was established to allow U.S. employers to employ foreign-born professionals in the U.S. on a temporary basis. In order to qualify for an H-1B visa, the proposed position with the U.S. employer must qualify as a specialty occupation. For purposes of the H-1B program, the term ``specialty occupation'' means an occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. This category is currently limited by statute to no more than 65,000 new admissions each year. This does not include extensions or amendments of existing H-1B Visas. The initial H-1B Visa may be approved for up to three years, and extensions are permitted for an additional three years thereafter, for a total of six years in H-1B status. Under certain circumstances, it may be possible to extend an H-1B Visa beyond the sixth year. The H-1B Visa is employer specific, meaning that the holder of an H-1B Visa can only work for the sponsoring employer. In the event that a candidate for an H-1B Visa is already in the United States on an H-1B Visa for an unrelated company, the candidate may generally begin working for a subsequent employer upon the filing of an H-1B petition by the second employer to transfer the H-1B Visa. If the H-1B petition to transfer the visa to the second company is denied, then work authorization immediately ceases. In the event that the candidate for an H-1B Visa is outside of the United States, the candidate cannot begin working for the employer until the H-1B petition is approved, the candidate applies for and obtains and H-1B Visa from a US Consulate and the candidate enters the United States on the H-1B Visa. The time that it takes to obtain an H-1B Visa can vary greatly. It generally takes between 2-5 months for the USCIS to make a decision on an application, although it may take longer. TN PROCESS (NAFTA)Only citizens of Canada and Mexico are eligible under the North American Free Trade Agreement (NAFTA) to qualify for TN status. To qualify, the applicant must be a Canadian Citizen and coming to the United States to perform services at a professional level in one of the occupations that are designated under NAFTA. In the computer field, the occupations that may qualify include Computer Systems Analyst, Management Consultant, Scientific Technician/Technologist and Software Engineer. TN status is granted for a period of up to 1 year with unlimited extensions of stay in increments of 1 year thereafter. TN status is employer-specific. Canadians may be admitted to the United States under TN status without first obtaining a TN Visa at a U.S. Consulate. A valid passport is required. Canadians may apply for TN status at an appropriate port of entry, or for a Canadian lawfully present in the United States, a US employer may file a petition with the USCIS to extend TN status or to change the individual's status to TN. For Mexican citizens, petitions for TN status If outside of the United States, Mexicans must apply for a TN Visa at a US Consulate before entering the United States. The general requirements for the two widely used occupations in the computer field are as follows: Eligibility for a Computer Systems Analyst: Possession of a baccalaureate degree (OR) A postsecondary diploma/postsecondary certificate and 3 years' experience. Eligibility for a Management Consultant: Possession of a baccalaureate degree (OR) Equivalent professional experience as established by statement or professional credential attesting to 5 years' experience as a management consultant. Green Card Process A Permanent Resident Alien Card, or "Green Card," allows a foreign national to live and work in the United States on a permanent basis. There are three phases to the employment-based Green Card process: 1. Labor Certification (ETA 9089 Application for Permanent Employment Certification); 2. Preference Petition (I-140 Immigrant Petition for Alien Worker); and, 3. Final Application for Permanent Residence (I-485 Application for Adjustment of Status). Obtaining a Green Card is often a lengthy and time consuming process. This section is meant to provide a general overview of the steps involved. What do I need to apply for an H-1B visa abroad? This page describes the documentation that is generally required by most U.S. Consulates in connection with an application for an H-1B Visa. Please note that each consulate may have its own interpretation of the law and requirements for obtaining a visa. Applicants are cautioned to check with the local U.S. Consulate for holidays, fee requirements, and other special requirements: 1. OF-156 form (can be obtained at the consulate or can be downloaded from http://travel.state.gov/ 2. $45 Application Fee and in some cases a Reciprocity Fee (the consular officer will inform you of the required amount) 3. Valid passport 4. 2 color photographs (2 x 2 inches, frontal view) 5. Original H-1B approval notice, Form I-797 (will be sent to you by KENNEDY) 6. Professional and educational credentials, including diplomas and transcripts 7. Academic evaluation (will be sent to you by KENNEDY) 8. Offer of employment letter, if you are not yet employed by KENNEDY (if requested by consulate) Employment verification letter, if you are already employed by KENNEDY 9. Certified copies of the I-129 Petition, supporting letter, and Form ETA-9035/Labor Condition Application (will be sent to you by KENNEDY). Study these documents carefully and present them to the consular official if requested. What is needed for spouse/child to apply for an H-4 visa abroad? Your spouse will need to appear in person at the nearest U.S. Consulate/Embassy with the following: 1. Valid passport 2. Marriage Certificate (spouse) or Birth Certificate (child) 1 original + 1 copy 3. Copy of your H-1B approval notice 4. Employment Verification Letter unless spouse is applying with you, in which case you will have one. 5. OF-156 form (can be obtained at the consulate or can be downloaded from (http://travel.state.gov/visa_services.html#of156) 6. 2 color photographs (2x2 inches, frontal view) 7. $45 Application Fee and in some cases a Reciprocity Fee (consular official will inform you of the required amount) We suggest that you or your spouse contact the office BEFORE to going in person, to verify the above instructions and to confirm that the consulate will be open on the day you plan to apply for the visa. Go to http://travel.state.gov/travel/tips/embassies/embassies_1214.html for information about U.S. Embassies and Consulates. The following Visa Revalidation Instructions are as provided by the U.S. Department of State. Please go to the Departments website at http://travel.state.gov/revals.html for the current version of the instructions. Your application for revalidation (or renewal) of an 'H,' 'L,' 'O,' or 'P' visa will be considered upon receipt of the documents and/or information listed below. Before mailing your visa package please check carefully to ensure that all required items are included. Departures from these guidelines usually will result in visa refusal and long delays: 1. Passport valid for at least (6) months. The passport (or accompanying previous passport) must contain a previous visa bearing the same classification as that which is now being sought. A visa may be revalidated if it has a remaining validity of not more than sixty (60) days, or has not been expired for more than one year. Each applicant will receive an individual visa, and each Machine Readable Visa (MVR) covers a full page. Therefore, passports must contain a blank, unmarked visa page for each U.S. visa to be placed in the passport. 2. The original Form I-94 annotated by the U.S. Immigration and Naturalization Service (INS) Inspector when s/he was last admitted to the United States. The original I-94 should remain firmly stapled in your passport at all times. If the Form I-94 has expired, you should submit a valid Form I-797 Notice of Approval from the INS for each visa applicant. 3. A valid Employment Petition (Form I-797) issued by the INS must be submitted. The form will indicate the applicant's current employer and the approved extension of temporary stay. 4. A comprehensive letter from the principal alien's employer identifying the applicant and describing in detail the nature and function of the position, the kind of business and what it does, and justifying the need for the visa. The letter submitted must be on the letterhead of the current employer, with an original signature from the company representative and must be addressed to the Visa Office, Department of State. The Visa Office cannot accept letters signed by the visa applicant. If the visa applicant is the sole employee of the company in the United States, the latest copy of the company's FICA and IRS forms must be submitted along with the applicant's letter of explanation. Please include the company's fax number. 5. A typed Form OF-156 (Non-Immigrant Visa Application Form) with one passport size photograph, with white or light background, for each applicant regardless of age. The photographs must be attached to the respective forms in the designated place. Please spell out the month of birth (i.e., write "January 2," NOT 1\2or 2/1). Incomplete or improperly filled out applications are returned without visas. 6. If the spouse and/or dependent children are applying for visas separately from the principal alien certified copies of the principal alien's visa and valid I-94 (front and back) must be submitted in addition to all other requirements. 7. There is a required $45 non-refundable fee for each Machine Readable Visa. Payment may be made by bank draft, money order, or corporate check made to the order of the "U.S. Department of State.”Cash or personal checks are not acceptable. In addition, certain nationalities must also pay a "reciprocity fee." The amount of these fees varies from country to country. In the case of multiple applicants, payment of all MRVs may be consolidated in one check, and all reciprocity fees in another. However, you may not combine payment for both fees in one single check. 8. This office does not have direct contact with the public. All transactions take place via U.S. mail or commercial courier. While we do not recommend any particular service, FEDERAL EXPRESS picks up daily directly from our offices. The office's mailroom is in a different building; items sent via U.S. Postal Service take at least two extra days each way. Include a prepaid air bill for the carrier of your choice to return the documents to you. If you opt for the U.S. Postal Service, you must provide a stamped, self-addressed envelope for the postal service of your choice. For safety reasons, U.S. Postal Inspectors recommend that passports sent via the U.S. Postal Service should be mailed in padded envelopes. If you make no provisions for the return of your documents, we will return them via ordinary surface mail. Application packages must be mailed to:
All incomplete cases (prior refusals) being returned to the Visa Office with additional documentation necessary to continue processing should be sent to: CA/VO/P/D2401 E Street, N.W. 2401 E Street, N.W. Room L-701 Washington, D.C. 20522-1016 Such cases will be treated by the Visa Office as new applicants and will start at the beginning of the reissuance process. No more than one family per package. Processing time depends on seasonal demand. It is best to allow a minimum of three weeks from the date of receipt. In all fairness, this office adheres to a strict first-come, first-served policy. If there are time constraints surrounding your application, please do not submit it. Instead, we urge you to apply for the visa at an overseas U.S. diplomatic or consular office.If you need additional information, please call us. Our staff answers your questions daily, except weekends and holidays, between the hours of 2:00PM and 4:00PM (Eastern Time). A recording provides general information at all other times. You may also reach us at Hr@kennedysoft.com. Supplemental Nonimmigrant VISA Application________________________________________Effective immediately, all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a DS-157 in addition to the Nonimmigrant Visa Application (DS-156). The only exceptions are as follows: Applicants for A-1, A-2, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6 and TECRO E-1 visas are not required to submit a DS-157. Also, all applicants for crew-list visas are exempt from the DS-157 requirement. Please Note: This form is required for all male A-3, G-5, and NATO-7 applicants between the ages of 16 and 45, as well as for all male C (C-1, C-2 and C-3) and D applicants between the ages of 16 and 45. The DS-157 is used in conjunction with the DS-156 to determine visa classification and eligibility. Regardless of the exceptions listed above, consular officers reserve the right to require a DS-157 from any applicant for any visa classification. The DS-157 is now available. a href="http://travel.state.gov/DS-0157.pdf">Click here to get the DS-157. Commonly Requested Reciprocity Fees________________________________________
________________________________________ Many individuals have difficulty understanding the difference between the validity of a visa, which is a stamp placed in a national passport or in a laisser-passer, and permission to remain in the United States. This page is designed to clarify the difference between a visa and extension of stay. A visa is granted by the Department of State, either by the Visa Office in St. Louis, MO or at one of our Consulates or Embassies outside of the U.S. Permission to enter and/or remain in the United States and extension of stay in this country are granted by the Department of Justice, Immigration and Naturalization Service (INS). Upon entering the United States, the INS Office at the port of entry places in your passport or laisser-passer a small white card, Form I-94. On this card the INS officer writes in either a date or "D/S" (duration of status). The date on the Form I-94 is controlling. That is, if you have "duration of status" you may remain in the U.S. as long as you are in the same job or same category of job. If you have a date on your Form I-94, you should apply for your extension of stay with INS prior to its expiry. The Department of State has no authority to extend your stay or change the information/date on the Form I-94. A visa is used solely to make application to INS to re-enter the U.S. after being outside of this country. That is, a visa is used only to cross borders and has nothing to do with the length of your stay in the U.S. To obtain more information, please visit: http://travel.state.gov/revals.html To obtain a form OF-156, please visit: http://travel.state.gov/visa_services.html#of156 |
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