This Kit includes information for various types of temporary employment-based visas, with emphesis on H-1B Visa.
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)
Don't delay, the sooner you begin with the procedure the better. We compiled all the information, instructions, updates, and forms in one easy-to-use complete Kit.
Over the past 10 years, thousands of successful applicants have used these kits worldwide.
The easy Step-by-Step Instruction Guide with samples of completed applications will assist you in preparing, completing, and filing the necessary documents, as well as provide you with the tools necessary to:
· Assess your eligibility requirements
· Understand the procedure
· Complete the necessary applications forms
· Attach and gather the required supporting documents
· File the forms with the USCIS
Included Forms:
- Form ETA9035 Labor Condition Application
- Form I-907 Premium Processing
- Form I-129 Petition for Nonimmigrant Worker
- Form DS-156 Consular Nonimmigrant Visa Application
- Form DS-157 Supplemental Nonimmigrant Visa Application
Table of Contents:
DISCLAIMER 3
GLOSSARY OF TERMS & ABBREVIATIONS 4
ESTABLISHING ETHNIC BACKGROUND 27
GENERAL OVERVIEW 28
GENERAL GUIDE FOR U.S. BUSINESSES EMPLOYING FOREIGN
NATIONALS 33
H-1C VISAS FOR NURSES 35
H-2A VISAS FOR AGRICULTURAL WORKERS 36
H-2B VISAS FOR NON-AGRICULTURAL WORKERS 46
H-3 VISA SPECIAL EDUCATION TRAINING 48
D-1 CREW VISA 49
L-1 MANAGERIAL VISA 53
O-1 EXTRAORDINARY ABILITIES 56
P-2 TEMPORARY ENTERTAINER VISA 58
Q-INTERNATIONAL CULTURAL EXCHANGE VISA 59
E- COMMERCE/TRADE VISAS 62
R-1 TEMPORARY RELIGIOUS WORK VISA 64
NAFTA CANADIAN/MEXICAN TRADE AGREEMENTS 65
H VISA AND THE LAW 68
INTRODUCTION TO H-1B VISA 70
GENERAL OVERVIEW OF THE H-1B VISA 72
ELIGIBILITY REQUIREMENTS FOR H-1B VISA 76
EMPLOYER FORMS & FILING PROCEDURES 83
Prevailing Wage Request, Step-by-Step Guide
Form ETA 9035 - Labor Condition Application Step-by-Step Guide
Form I-129 Petition For Nonimmigrant Worker, Step-by-Step Guide
Filing Procedures for the Employer
Premium Processing Service
Expedite Processing
Submission Of Applications To The USCIS
EMPLOYEE FORMS & FILING PROCEDURE 102
Consular Form DS-156
Consular Form DS-157
Consular Filing Procedures for the Employee
ADDITIONAL CONSIDERATIONS 107
Applying for the Visa
Entry into the U.S.
Accompanying Relatives
Changing Employers
Filing a Complaints
Changing Status
Extension of Stay
Applying at the Border Posts
Visa Appointments Required
Travel and Re-entry to the US on H-1b or H-4 Visa
SUBMISSION OF APPLICATIONS 115
Direct Mail Notice
ADDITIONAL SUPPORTING DOCUMENTS 120
Photo Specification
U.S. Immigration Filing Fees
Fingerprinting
Document Translations
Document & Photocopy Information
CONTACT INFORMATION FOR GOVERNMENT AGENCIES 127
DIRECTORY OF AMERICAN CONSULATES AND EMBASSIES 129
SAMPLES 137
FREQUENTLY ASKED QUESTIONS & ANSWERS 138
UPDATES & USCIS NOTICES 142-154
Windows Download Instructions
The instructions below assume that you have Winzip or equivalent zipping tool installed as well as having Adobe Acrobat Reader 5.0 or above installed. If not, please use the links below to install these applications.
Visit: www.us-immigration.com/catalog
Click on “My Account” (Top left hand cornder)
Look at “Returning Customer”
Enter your email address:
Enter your password:
Winzip - http://www.winzip.com/downwz.htm
Adobe Acrobat Reader - http://www.adobe.com/products/acrobat/readstep2.html
Follow the steps below once these applications are installed:
1. Login to your account if not already logged in.
2. Click on the link to download the eKit zipped file.
3. Select to download to your Desktop or download folder.
4. When the download is finished, go to your Desktop or download folder and right click the zipped file.
5. Select to unzip the file to the desired location (i.e. Desktop or other folder).
6. You should see all the PDF Files from the download in the location where you unzipped the files.
7. You can now open each file individually by double clicking and Adobe Acrobat should launch so you view the file.
Macintosh Instructions
The instructions below assume that you have MacZip, Stuffit or equivalent zipping tool installed as well as having Adobe Acrobat Reader 5.0 or above installed. If not, please use the links below to install these applications. If you have Macintosh OS 10.3 or higher then the OS has built in ability to unzip the files downloaded.
MacZip - www.haase-online.de/dirk/maczip
Adobe Acrobat Reader - http://www.adobe.com/support/downloads/product.jsp?product=10&platform=Macintosh
Follow the steps below once these applications are installed:
1. Login to your account if not already logged in.
2. Click on the link to download the eKit zipped file.
3. Select to download the file.
3. When the download is finished, go to your download folder and click on the zip file.
4. Select to unzip the file to the desired location.
6. You should see all the PDF Files from the download in the location where you unzipped the files.
7. You can now open each file individually by double clicking and Adobe Acrobat should launch so you view the file.