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Working in the United States. January 2011 Jeffrey Pilgreen. U.S. Consulate General - Vancouver. Visa vs. Status – What’s the difference?. Gives you permission to apply for entry. Gives you legal status and length of stay in the U.S. . http://vancouver.usconsulate.gov.

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Working in the united states

Working in the United States

January 2011

Jeffrey Pilgreen

U.S. Consulate General - Vancouver


Visa vs status what s the difference

Visa vs. Status – What’s the difference?

Gives you permission to apply for entry

Gives you legal status and length of stay in the U.S.

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Canadians do not need a visa to work

Canadians do not need a visa to work!

  • They can apply for their working status directly at the Port of Entry.

  • Canadians still have to prove they meet the requirements for the status they seek.

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Visa waiver program participants

Visa Waiver Program participants

  • You cannot work in the United States on the Visa Waiver Program. You must apply for a visa.


General information about working visas

General information about working visas

  • Most U.S. employment visas are employer-initiated, petition-based visas

  • Department of Homeland Security adjudicates all employment-based petitions

  • Almost 450,000 employment-based visas issued in 2007

  • 65,000 H1B petitions approved each year

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Obtaining an employment visa

Obtaining an employment visa

  • Find a job and an employer in the U.S.

  • Have your U.S. employer petition for your employment through U.S. Department of Homeland Security (DHS)

  • Once you obtain your approved petition, set an appointment for visa interview

  • Attend visa interview

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Skilled workers are needed and welcomed

Skilled workers are needed and welcomed

  • Accountants

  • Financial and business analysts

  • Software engineers

  • Physical therapists

  • Medical technologists

  • Nurses

  • Executives or managers

  • Workers with specialized knowledge

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Petition based working visas

Petition-based working visas

  • H-1B – temporary worker in specialized occupation

  • H-1C – foreign nurses

  • H-2A – seasonal agricultural workers

  • H-2B – laborers and tradesmen

  • H-3 – trainees

  • J – exchange visitor

  • L – intracompany transfer

  • P – athletes, artists, and entertainers

  • R – religious workers


Working visas that do not require petitions

Working visas that do not require petitions

  • B1 – temporary visitor for business

  • D – crew members

  • E – treaty trader/treaty investor

  • I – information media representatives


H visas skilled and unskilled workers

H visas – Skilled and unskilled workers

  • H-1B workers

    • Workers with specialized skills (engineers, computer professionals, and so on)

      • Must have Bachelor’s degree or higher

    • Doctors

      • Proper licensing (state and USMLE)

      • English language (ECFMG certification or graduate of U.S school)

    • Fashion models

      • Must be prominent, well-known


H visas continued

H visas (continued)

  • H-1C

    • Nurses

    • Full and unrestricted license to practice nursing

    • Must pass approved examination (CGFNS)

    • Must be able to practice immediately

  • H-2A

    • Agricultural workers

    • Must be nationals of participating countries


H visas continued1

H visas (continued)

  • H-2B

    • Temporary and seasonal workers

    • Perform non-agricultural work (not medical workers)

    • Must be nationals of participating countries

  • H-3

    • Trainees

    • Receiving training in any field not provided by an academic or vocational institution

    • Special education exchange program participants


Total periods of stay on h visas

Total periods of stay on H visas

  • H-1B

    • Total period of stay no more than six years, with one possible extension of an additional three years for models and specialized workers

    • Total period of stay no more than 10 years for DOD R&D project workers

  • H-2A and H-2B – total period of stay no more than three years

  • H-3

    • Total period of stay no more than two years

    • Total period of stay no more than 18 months in a special education exchange program


L visa intracompany transfer

L visa – Intracompany transfer

  • Petitioner is same company for whom you are employed abroad

  • You are a manager or executive, or have specialized knowledge, and are taking a managerial or executive position or a position requiring specialized knowledge

  • You must have one year prior continuous qualifying experience within the previous three years


Readmission after maximum stay on both h and l visas

Readmission after maximum stay on BOTH H and L visas

  • H-1B and L – must reside outside the U.S. for the immediate prior year

  • H-2A and H-2B – must reside outside the U.S for the immediate prior three months

  • H-3 – must reside outside the U.S. for the immediate prior six months


J 1 exchange visitor

J-1 – Exchange visitor

Accepted into designated exchange visitor program

Financial ability to pay for expenses

Adequate English language ability

Intend to return to country of residence

Qualified for program

Comply with INA 212(e), if applicable

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Categories of exchange visitors

Categories of exchange visitors

  • Physician

  • Au Pair

  • Camp counselor

  • Government visitor

  • Intern

  • International visitor

  • Professor

  • Research scholar

  • Short-term scholar

  • Specialist

  • Students

  • Summer work travel

  • Teacher

  • Trainee

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Exchange visas and ina section 212 e

Exchange visas and INA Section 212(e)

Some participants in exchange programs may not be permitted to change status, obtain an immigrant visa, or acquire certain non-immigrant visas until they have resided in their country of nationality or last country of residence for two years following the completion of their exchange program.


Nafta professional worker tn status

NAFTA professional worker (TN) status

  • Canadian professionals apply for TN status at the Port of Entry, not at the Consulate

    • No visa is required, TN is status only

    • Applicants must show:

      • Proof of citizenship

      • Evidence of an offer of employment in a profession covered by the treaty

      • Evidence of minimum education and/or experience

    • Complete list of skills and requirements:

      www.nafta-sec-alena.org

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


B 1 temporary visitor for business

B-1 – Temporary visitor for business

Engage in commercial transactions which do not involve employment in the U.S.

Negotiate contracts

Consult with business associates

Litigate

Participate in scientific, educational, professional or business conventions, conferences or seminars

Undertake independent research

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Other business activities allowed under b 1

Other business activities allowed under B-1

Domestic or personal employee for U.S. citizen or foreign national

Professional athlete

Yacht crewperson

Foreign airline employees

Installing, servicing or repairing foreign-purchased industrial equipment

Cultural program participants

Some musicians and other performers

Some religious workers

Some trainers and exhibitors

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


E treaty trader and treaty investor

E – Treaty trader and treaty investor

Hired by an E-qualified company

Must be executive, supervisory, or essential employee (similar to L visa requirements)

Employer applies for you

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Qualifying for an employment visa

Qualifying for an employment visa

  • Are you qualified for the position?

    • Bring your degree, transcripts, etc to prove you do

  • Is your U.S. employer qualified to petition you?

    • Bring your employer’s financial documents

  • Does the position you have been offered qualify as a specialty skill job?

    • Bring the I-129 packet your employer gave you

  • Will you be likely to be paid as petitioned?

    • Bring your employer’s labor certification

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Studying in the united states

Studying in the United States

U.S. Consulate General - Vancouver


What kind of study visa do i need

What kind of study visa do I need?

  • F1 – for academic study

    • College, university, seminary, conservatory, or other academic institution or in a language training program

  • M1 – for non-academic study

    • Established vocational or other recognized non-academic institution other than a language training program

  • J1 – for exchange programs

    • Work/travel, au pair, company/medical internship, or academic research

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Qualifying for an f1 or m1 student visa

Qualifying for an F1 or M1 student visa

  • Students are required to demonstrate:

    • Intent to return to their country of residence upon completion of their studies

    • Financial ability to pay for schooling (tuition plus expenses)

    • Commitment to full-time course of study

    • English language ability

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Qualifying for an j1 exchange visa

Qualifying for an J1 exchange visa

Students are required to demonstrate:

Intent to return to their country of residence upon completion of their studies

Financial ability to pay for schooling (tuition plus expenses)

Adequate medical insurance for the duration of the program

English language ability

If you are entering as an intern or resident for clinical training at a hospital, you must present evidence that you have passed the VQE or FMGEMS exam

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Exchange visas and ina section 212 e1

Exchange visas and INA Section 212(e)

  • Some participants in exchange programs may not be permitted to change status, obtain an immigrant visa, or acquire certain non-immigrant visas until they have resided in their country of nationality or last country of residence for two years following the completion of their exchange program.


Can i stay in the u s after i graduate

Can I stay in the U.S. after I graduate?

  • You can stay up to 14 months after you graduate to do an Optional Practical Training (i.e., work after graduation).

  • Beyond that you must obtain an employment-based visa or immigrant visa.

  • The J visa may require that you return to your country of residence for a period of 2 years.

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Can spouses or children also work or study in the u s

Can spouses or children also work or study in the U.S. ?

  • F1 and M1:

    • Dependents and spouses cannot work

    • Children of F1 and M1 applicants MAY study full-time

    • Spouses cannot study full-time unless they qualify for an F1 or M1 visa in their own right.

  • J1 dependents may work if authorized by DHS

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Can i work while i m a student

Can I work while I’m a student?

  • On an F1 visa, you can:

    • work on-campus for up to 20 hours a week while school is in session, including breaks if you intend to register for the next term

    • work off-campus for up to 20 hours a week during subsequent years of study IF you have been authorized by the designated school official

    • engage in off-campus practical training only after receiving permission from DHS and with certain other limits


Can i work while i m a student1

Can I work while I’m a student?

  • However, on an F1 visa, you may NOT:

    • work off-campus during the first academic year of study

    • continue to work on-campus after you have completed your course of study

  • On an M1 visa, you may NOT:

    • work except for practical training


Applying for a visa

Applying for a visa

U.S. Consulate General - Vancouver


How to apply for a visa

How to apply for a visa

  • Make an appointment:

    • http://www.usvisa-info.com/en/selfservice/

    • 604-800-0917 (Vancouver)

    • 877-341-2441 (toll free)

  • Pay the MRV fee

  • Attend the interview

  • Please plan ahead; you may not get an appointment immediately:

    • http://travel.state.gov/visa/temp/wait/wait_4638.html

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


What to bring to the visa interview

What to bring to the visa interview

  • DS-160 form

  • Proper form (I-797, DS-2019, I-20)

  • Passport and photo

  • Proof of legal status in Canada

  • For complete list:

    http://www.consular.canada.usembassy.gov/usa_visa.asp

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


What to expect at the consulate

What to expect at the Consulate

  • Be prepared to answer questions about your qualifications and abilities. Your documents alone are not enough.

  • BE HONEST!

  • Some applicants will require additional administrative processing which can take days to months to complete.

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Visa approved

Visa approved!

  • Do not finalize your travel plans until your U.S. visa is in your hands!

  • Go to the U.S. with your visa and obtain the proper status.

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Visa refused why

Visa refused – Why?

  • Presumption of immigrant intent

  • Failure to meet the requirements of the visa for which you are applying

  • Fraud trends

  • Economic and immigration trends

  • Each case is determined on its own merits

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Administrative processing

Administrative processing

  • Reasons for further administrative processing include:

    • Insufficient documentation

    • Fees unpaid

    • Criminal or other ineligibility

    • Prior inadmissibility

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


Questions on working in the u s

Questions on working in the U.S.?

Temporary Workers in the United States

http://travel.state.gov/visa/temp/types/types_1271.html

Bureau of Consular Affairs

http://travel.state.gov

U.S. Consulate General Vancouver

http://vancouver.usconsulate.gov


Questions on studying in the u s

Questions on studying in the U.S.?

Bureau of Educational and Cultural Affairs

http://exchanges.state.gov

Study in the United States

http://educationusa.state.gov

For international students

http://www.educationusa.info/students.php

The student visa

http://www.educationusa.info/pages/students/visa.php


Thank you

THANK YOU!

http://vancouver.usconsulate.gov

U.S. Consulate General - Vancouver


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