martedì 15 febbraio 2011

Nella ragnatela dei visti per gli US

The H1B Visa is the primary US work visa / permit made available to people from all over the world.
The US Government introduced the H1B visa program to offer and enable skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in the USA.
The H1B is the most popular and sought after US work visa and US Immigration requires 'every' foreign national to obtain a visa in order to legally work in America.
One of the main advantages of the H1B visa is that it is a 'dual intent' visa which means that you can apply for a Green Card (Legal Permanent Residency).
The Process to obtain an H1B Visa:
Step 1 - you Must 1st find an H1B Sponsorship Job with a US Sponsoring Company (employer)
Step 2 - your H1B employer files your H1B Visa Application with the US Immigration Bureau
* individuals can NOT sponsor or apply for their own H1B visa. Only US Employers can.

To Qualify for the H1B Visa Program, you must work in a 'specialty occupation':
Specialty Occupations include: IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management and Hospitality.
An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children (under 21) to accompany you and live in the USA on an H4 visa. The H4 dependent visa does not allow your spouse/children to work (unless they get their own H1B visa). 
To get issued an H1B visa the type of job must be directly related to either the education or the work experience that qualifies the applicant for the H1B visa program. For example: if you have a qualifying degree or work experience in 'X' then the type of job required to get issued an H1B visa must be 'X' related (to get issued an H1B visa for any other type of job / profession would require having multiple H1B qualifications for multiple professions).
The level of job required to get issued an H1B visa must require at least the same level of education or work experience that qualifies the applicant for the H1B visa program. For example: if you qualify for a job by having a degree, the job level required to get issued an H1B visa must also require a degree.
Under current law, you can be in H1B status for a maximum period of six (6) years at a time. After that time you must remain outside the USA for one year before another H1B petition can be approved. 

The H1B cap is an annual limitation on the number of new visas available for during a Fiscal year. The H1B 2011 cap is currently 65,000 + an additional 20,000 visas available to persons who have earned masters’ or higher degrees from U.S. institutions of higher education.
The H1B cap numbers become available at the beginning of each fiscal year. The government's fiscal year currently starts on October 1st. However, cases can be filed six months in advance of the requested start date. Therefore, cases can be filed on the preceding April 1st. Then the USCIS continues to accept cap cases for the current fiscal year until the quota is reached.
The employer must pay the training fee for the petition, if applicable, and one should not enter into a reimbursement agreement with the employer. The employer must also pay the Fraud Fee, if applicable, and it is recommended that the employer also pay the base filing fee of $325. Either the employee or the employer may pay the $1,225 optional premium processing fee.

Short Term 'Seasonal Jobs' Work Visa / Permit
The H2B visa is a great way for people who want to temporarily live in the USA, working in seasonal and fun jobs.
If you want to travel to America and work over the Summer in a hotel, theme park or on a cruise ship, or if you want to work in a restaurant or as a ski instructor over the Winter - this is the visa for you.
Types of H2B Visa Jobs / H2B Work includes:
Hospitality workers, Hotels / Motels, Chefs, Resorts and Theme Parks, Ticket Sales, Cruise ships, Construction workers, Maintenance, Janitorial, Ski Resorts, Landscaping, Golf Courses, Water parks, Security, Ride Operators, Restaurants and bars, Warehouse, Retail Stores
The H2B visa Process and Requirements:
1) The employee must 1st have a
job offer from a US employer to perform a temporary job
2) The employee must meet the minimum qualifications for the job that the employer has offered.
3) The US employer files the H2B application with the US Immigration Bureau.
4) The employee must intend to return home when the job ends and visa expires.
The duration of the H2B is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration up to three years in some situations.

For Practical Work Training / Internships
The J1 visa Program is for foreign nationals who want to participate in an exchange visitor program, (commonly known as an internship program) in the USA.
The J1 visa is intended for students needing practical training that is not available in their home country to complete their academic program. The training must be directly related to the academic program.
The J1 visa obligates the student to return to their home country for a minimum of two years after the end of their studies in the USA before being eligible to apply for an immigrant (permanent residence) visa.
Applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:
That they plan to remain in the U.S. for a temporary, specific, limited period;
Evidence of funds to cover expenses in the United States;
Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.


F1 Student Visa
There are two student visa categories for people who want to study in the USA:
1) The primary USA study visa is an F1 visa which is for 'academic' studies, and
2) the second type of study visa is an M visa is for 'nonacademic or vocational' studies.

The first step for a prospective student is being accepted for enrollment in an established school (University/College) which is SEVP certified . In general, for academic students, including those in language training, F1 visas are the appropriate category, and for nonacademic vocational students an M visa is the appropriate category
If you are applying for an F1 Student Visa from your home country, you will begin by selecting a school in the USA where you want to study and applying to the school. If your application is accepted you will obtain Form I-20 from the DSO (Designated School Official). Applicants must demonstrate that they properly meet student visa requirements including: Have a residence abroad, with no immediate intention of abandoning that residence; Intend to depart from the United States upon completion of the course of study; and possess sufficient funds to pursue the proposed course of study.

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