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US Immigration Overview (cont.)
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H-2
Temporary Agricultural Workers
For non-immigrant visitors who wish to enter
the U.S. to work in the seasonal agricultural sector, the H-2
visa offers the means to do this. As long as the employer has
met the criteria to demonstrate that their need for casual employees
is indeed seasonal, and that there are insufficient workers locally
that they can employ, then they are permitted to offer positions
to workers from overseas to fill the gaps. Visas under this category
are granted for periods up to 364 days with extensions possible
for up to a maximum of 3 years. |
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Immigrating to the USA
By
Dan Danilov
A practical, easy-to-understand book, written by an experienced immigration lawyer, gives you the information you need to ensure an easy and hassle-free entry into the country. Highly recommended
reading.
Click here for more information
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Applicants under this visa have certain safeguards to prevent exploitation
–
- The wage you are paid must be the same as a similarly employed
U.S. worker
- Accommodation must be provided if you cannot reasonably return
to your own residence at the end of the day
- Either premises must be provided to allow you to prepare three
meals a day, or the employer must provide those meals for you
- Free transportation to the work site
- Workers Insurance will be provided where state law requires
it
US Study Visas
F-1 Student Visa:
Applicants who permanently reside in another country and only
wish to enter the U.S. for the purposes of studying, to later
return to their home country, can do so under the F-1 visa category.
The course must be with a recognised institution and, in the
case of language courses, must be approved by the immigration
service.
Under the F-1 visa category, the student must fill out an immigration
form (I-20) that will be provided by the school itself. In order
to obtain such a form the student must meet the minimum criteria
for study at that school. This criterion covers both the student’s
educational ability and financial ability to meet not only the
costs of the course but also the living expenses that the student
is likely to incur. Once this form has been issued to the student
he/she is then able to apply to their local U.S. Consul for
the F-1 visa. Generally a student, when applying for the F-1
visa, will need to demonstrate that they have sufficient funds
for the duration of their study period. During the period of
the visa the student must remain a full-time student, must maintain
a minimum number of study hours each semester and is not permitted
to undertake employment (there are some minor exceptions to
this rule though).
H-3 Visa – Trainee
The H-3 visa is typically used to allow trainees from a subsidiary
or partner company to a U.S. company to enter the U.S. for paid
training. To obtain such a visa the applicant must not be able
to undertake similar training in his or her home country, must
be able to demonstrate that the training is pertinent and will
enhance that person’s career, and must be able to convince
the U.S. immigration authorities that the training is not a
precursor to employment in the U.S. The H-3 Visa is valid for
up to two years but the applicant will need to leave the U.S.
for a period of 6 months before being able to reapply for another
H-3 permit.
J-1 Visa – Exchange Visa
The J-1 Exchange visitor visa is a specialist visa to promote
the exchange of people involved in the fields of education,
sciences and the arts. The J-1 visa has a wide scope so it pays
to get the current information available from your local U.S.
Consul to find out the latest requirements. Essentially J-1
visitors must have sufficient funds to cover their entire stay
or be sponsored by an organisation. In addition to that, J-1
hopefuls must have an adequate educational background suitable
for them to take part in their designated program and must also
have good English language skills (or be taking part in a program
that has contingencies for non-English speaking people).
J-1 Exchange visas are normally applied for at, and issued by,
the local U.S. Consul or Embassy in the region where the applicant
lives. Employment under the J-1 scheme is conditional on the
type of program that the applicant is applying to. Click here
for more information on the J-1 visa.
Permanent Immigration into the U.S.
- Overview
Permanent immigration status in the U.S. affords the holder
the ability and right to reside permanently in the U.S., and
to come and go as they please. The holder of such status will
be given an alien residence card (or Green Card). Permanent
Residency can be gained through a change of status from an existing
visa or permit, or from applying directly from outside the U.S.
Immigration policy has a habit of changing rapidly so it is
always advisable to seek professional immigration advice before
applying for residency visas or similar.
There are essentially two classes of prospective residency applicants
seeking to live permanently in the U.S. – quota or non-quota
migrants. Non-quota migrants are generally those who are spouses,
children or other family members of existing U.S. citizens and
there is no annual limit placed on the number of applicants
that can be approved for residency under this category. Quota
migrants however do have a limit imposed on the number that
can be approved in any one year, and there is a preference scale
placed on those applicants based on family or employment.
Employment based preferences are divided into 5 categories –
1st preference, 2nd and so on to 5th. The level of preference
is related to the skills and educational background of the applicant.
The 1st level preference employment category relates to those
at the upper echelon of their profession and ability, while
the 5th level relates to those coming in under the investment
scheme whereby the applicant is essentially creating their own
job. The levels of expertise and education required vary proportionately
for the intermediate preferences.
The family based preferences are divided into 4 levels, the
first being unmarried children over the age of 21 of U.S. citizens.
The second level is further divided into two categories –
spouses and minor children of U.S. residents, and children over
the age of 21 (and unmarried) of U.S. residents. The third level
relates to married sons and daughters of U.S. citizens, and
the fourth family based preference level relates to brothers
and sisters of U.S. citizens who are themselves over the age
of 21.
As these categories fall into the ‘quota’ system,
there are a limited number of applications from each and every
country that can be accepted for residency each year.
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