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Introduction
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To stay legally in the United States, as a
foreigner, you have to get you a valid visa. All visas have
to be done in your actual country of residency. Don't come
to the USA without visa or you will have to come back to your
country with the next plane (:-) to make one. A special kind
of visa exists for every purposes of your stay. There are
so much of them, we hope , you will find one fitting your
needs.
Here is a rapid summary of almost alll available visas. Only
a summary because it is so hard and also so important to manage
the whole process, everybody is taking an immigration lawyer
to do so. Nevertheless, we are sure those information will
help you to find your key to the USA.
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| Visa
WT (waiver pilot program) :
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Official purpose:
Allows you to stay in the USA as a tourist
or business traveler for 90
maximum.
Limits:
Works not permitted
Duration:
VISA: unlimited
STAY: Should not exceed 90 days.
Requirements:
1. Be citizen of a country signatory
of treaty.
2. No previous violation of immigrations
laws.
How to apply:
Only show your passport to the custom
representative.
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| Visa
B1:
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Official
purpose:
Allows you to stay up to 6 months in the
USA for business purposes
Limits:
1. Works not permitted
2. Automatically canceled if duration of the
stay is exceeded
3. Frequent Go/Back could lead to questioning,
even refusal of entry in the USA
Duration:
VISA: up to 10 years
STAY: No stay should exceed 6 months
A 6 months extension is available if asked
before the ending of the first 6 months period
Requirements:
1. Justify the purpose of the business trip.
2. Being paid by a non American source.
3. Justify intention to come back in your
original country (relatives, house...)
How to apply:
1. Ask to the American Embassy
2. Fill in a form OF-156 + FF700
3. Usually delivered in 24 hours
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| Visa
B2:
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Official purpose:
Allows you to stay up to 6 months in the USA as a tourist
Limits:
1. Works not permitted
2. Automatically canceled if duration of stay
is exceeded
3. Frequent Go/Back could lead to questioning,
even refusal of entry in the USA
Duration:
VISA: up to 10 years
STAY: Should not exceed 6 months
A 6 months extension is available if asked
before the ending of the first 6 months period
Requirements:
1. Justify why the visa WT is not enough
2. Justify intention to come back in your
original country (relatives, house...)
3. Justify enough financial resources for
the stay
How to apply:
1. Ask to the American Embassy
2. Fill in a form OF-156 + FF700
3. Usually delivered in 24 hours
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| Visa
E1:
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Official purpose:
For people who create substantial business
market between the USA and their country of origin.
Limits:
1. The visa will be canceled if the
company close.
2. This is not a general working permit it
only allow to operate the company.
3. Conversion to permanent residence is nearly
impossible with this visa.
Duration:
VISA: up to 5 years, unlimited renew until
the substantial business market does exist
STAY: as long as visa is valid.
Requirements:
1. The country of origin should have signed
the reciprocity treaty with the USA
2. Justify existence of a substantial business
market between the USA and the country of origin.
How to apply:
1. Ask to the American Embassy
2. Fill in a form OF-156E with asked documents
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| Visa
E2: |
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Official purpose:
Investors
Limits:
1. The visa will be canceled if the
company close.
2. This is not a general working permit it
only allows to operate the company
3. Conversion to permanent residency is nearly
impossible with this visa
Duration:
VISA: up to 5 years, unlimited renew until
the business does exist
STAY: as long as visa is valid.
Requirements:
1. The country of origin should have signed
the reciprocity treaty with the USA
2. The investor should have the nationality
of the signator country.
3. Justify existence of substantial investment
in a commercial business in the USA.
4. Justify that the investor got the control
of the company (50% shares)
5. Justify that the financial resources are
coming from the investor.
6. Justify that the company will not be the
only investor source of income OR a proof that the company will
be very profitable : creation of work for US citizens, forecast
profit, income outside the company.
How to apply:
1. Ask to the American Embassy
2. Fill in a form OF-156E with asked documents
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| Visa
F1:
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Official purpose:
Student visa
Limits:
1. No work permitted. Except for a
1 year period after passing a Bachelor Degree (practical training)
Duration:
VISA: 5 years
STAY: as long as the student is registered
and continue is studying.
Requirements:
1. Examination TOEFL
2. Register in an American school/university
agreed by the INS.
3. Justify the proof of sufficient financial
resources (work not permitted).
4. Intention to come back after the end of
studying.
How to apply:
1. Register in an American school/university
for full time court. The school will issue form I20B
2. Pass the TOEFL
3. Ask to the American Embassy
4. Fill in a form I-20AB + OF-156E with asked
documents
If already in the United States under status B1, B2 or WT, asking
for changing of status to F1 next to the INS.
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| Visa
H1B: |
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Official purpose:
For professional with at least a Bachelor
Degree ( or equal )
Limits:
1. No special limits
Duration:
VISA: 3 years, with 1 renew. (Maximum 6 years)
STAY: After 6 years, the applicant have to
leave the United States for minimum 1 years before apply for
another visa H1B.
Requirements:
1. Position have to require a Bachelor Degree
minimum, or the similar professional experience.
2. The Employee has to prove his qualifications.
3. The Employer has to prove his ability to
pay the employee.
How to apply:
1. Testimony from the labor department that
the employee will be paid the minimum salary or more for the
position.
2. Hire by an American employer, who will
make the visa with form I-129 next to INS.
3. The approval of the form I-129 have to
be sent to the American Embassy to make the visa.
4. If the person is already in the United
States under a WT visa, ask to change of status next to the
INS
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| Visa
H2B: |
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Official purpose:
For seasonal workers
Limits:
After a 3 years stay, the applicant
can't ask for an extension or a change of status or being admit
to the United States under the visa H or L. Unless the applicant
can prove a minimum of a 6 month residency outside the USA.
Duration:
VISA: 3 years
Requirements:
The employer should prove to the American
Department of Labor and to the INS the lack of American workers.
How to apply:
1. Obtain from the Labor department a certificate
justifying the need of seasonal workers for the American
employer.
2. Form I-129 next to the INS proving the
qualifications of the seasonal worker
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| Visa
H3: |
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Official purpose:
Temporary internship
Limits:
Very difficult to obtain !
Duration:
VISA: 2 years, 1 renew (4 years total maximum)
Requirements:
The employer should prove that it is an internship
and that the position is not available in the country of the
applicant.
How to apply:
1. Employer have to fill the Form I-129 next
to INS
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| Visa
J1:
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Official purpose:
Wide category : particular student program,
professor or researcher who take part in seminars or conferences
in the USA, professor or researchers who teach the USA for maximum
3 years, doctors, international or governmental visitors.
Limits:
The trainee can only works for the
company that has hired him. If the intern isn't happy with the
Internship and decides to quit, he loses the whole visa period
he applied for. The Visa won't be renewable if it has reached
it 18 Months maximum period!
Duration:
VISA: 5 years
STAY: "duration" of status"
as long as the applicant is still in the program. But some program
can be limited to 18 months.
Requirements:
1. pass the TOEFL
2. obtain sponsorship from a private or governmental
organism
3. proof the financial resources for the stay.
How to apply:
1. Obtain sponsorship from a private or governmental
organism agreed by the "United States Information Agency"
2. obtain the form IAP-66.
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| Visa
L1A: |
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Official purpose:
Employees transfer from a company to a subsidiary or a mother
company in the USA.
The employee should have special knowledge of products, services
or research of the company.
Limits:
Duration:
VISA: new subsidiary =1 year visa, subsidiary
over 1 year = 3 years visa.
Possibility to request the residence after
one year in the American company
Extension 6 year maximum. After 6 year the
applicant should leave the USA for 1 year before asking for
a new L1 visa.
STAY:
Requirements:
1. Prove the existence of the American company,
subsidiary or mother company.
2. Have been employed for at least one year
in the past three years.
3. Being transferred as special knowledge
employee in the American company in a similar position.
How to apply:
1. Form I-129 submitted to the INS in the
USA.
The approval will be sent to the American embassy for the issue
of the L1 visa, or a request to change of status could be done
nearby the INS if the applicant is already in the USA (except
for status WT)
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L1B: |
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Official purpose:
Manager or executive transfer from a company to a subsidiary
or a mother company in the USA.
Limits:
...
Duration:
VISA: new subsidiary =1 year visa, subsidiary
over 1 year = 3 years visa.
Possibility to request the residency after
one year in the American company
Extension 6 year maximum. After 6 year the
applicant should leave the USA for 1 year before asking for
a new L1 visa.
STAY:
Requirements:
1. Prove the existence of the American company,
subsidiary or mother company.
2. Have been employed for at least one year
in the past three years.
3. Being transferred as manager or executive
in the American company in a similar position.
How to apply:
1. Form I-129 submitted to the INS in the
USA.
The approval will be sent to the American embassy for the issue
of the L1 visa, or a request to change of status could be done
nearby the INS if the applicant is already in the USA (except
for status WT)
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O1: |
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Official purpose:
Allows to stay for a special event or project or tournament.
For very high skill people in sciences, education, athletics,
arts, cinema, television.(Show business)
Limits:
1. Very difficult to prove the very
high skill of the applicant.
2. Could take 2-3 month because of the American
Union approval.
3. No emergency case accepted.
Duration:
VISA: Issue for the duration of the event,
maximum 3 years.
Possibility to renew every year with evidences.
Requirements:
1. Prove the high skill of the applicant.
Famous nationally or internationally
2. Prove the intention to come back to the
mother country.
3. Obtain an American union approval about
the O1 visa issue
How to apply:
1. Submit form I-129 nearby INS.
The approval will be sent to the American embassy for the issue
of the L1 visa, or a request to change of status could be done
nearby the INS if the applicant is already in the USA (except
for status WT)
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| Visa
P1-P2-P3: |
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Official purpose:
For people or team with special skills in arts, sports or show
business.
The required skills are less important than in the O1 visa.
Unique skill in sufficient.
Limits:
No work permitted besides the specific
event.
Duration:
VISA: From weeks to 5 years. 5 years extension
possible, maximum time 10 years.
STAY: Duration of the event, with 1 year stay
maximum. Extension could be issued by the INS.
Requirements:
1. Prove the unique skill of the applicant(s).
2. Prove the intention to come back to the
mother country.
3. Obtain an American union approval about
the O1 visa issue
How to apply:
1. Submit form I-129 with P supplement. Nearby
INS
The approval will be sent to the American embassy for the issue
of the L1 visa, or a request to change of status could be done
nearby the INS if the applicant is already in the USA (except
for status WT)
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| Visa
K: |
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Official purpose:
Permit to stay in the USA before marriage with an American citizen,
for applicant previously engaged.
Limits:
No possibility for extension or status change.
Duration:
VISA: 90 days.
Requirements:
1. Prove Applicant is free for marriage
2. Applicant should be married within 90 days
after arrival in the USA.
3. Prove a previous physical meeting.
How to apply:
1. Submit form I-129 to the INS
Approval is valid for 4 month, send it to the American embassy
which will ask applicant to fill out a form and pass a medical
exam.
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Lottery
(Diversity Visa) :
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Each year you can take part in a lottery, winners will
be elected immediately for the residential alien status (green
card).
Official purpose:
Permit to stay in the USA definitively, you can choose for the
US citizenship after a few years.
Limits:
No limits. It is the perfect way to enter
the USA.
Duration:
No limits.
Requirements:
1. You must be a native of a country that
is eligible to participate
2. You must have a high school diploma or
the equivalent, OR you must have two years of work experience
within the last five years in an occupation that requires at
least two years of training or experience to perform.
3. If you are elected you will be asked lost
of proof like sufficient fund or physical test (blood...).
How to apply:
1. You can avoid being part of the 2 millions
application rejected last year because of non complicance with
the INS requirements by using professional services for your
application.
We know a few companies that have been successfull to elect
some of our close friends, we will publish their name before
may 2002, to offer you a special referral discounted price :)
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