Posts Categorized: Work Visa

24
August 2016

H-1B and L-1 Site Visits-The Basics

U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP) in 2009. Under the program, site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS conducts site visits for religious worker petitions, H-1B petitions, and since 2014, L-1 petitions. (Administrative Site Visit and Verification Program (updated 10/30/14), USCIS, https://www.uscis.gov/aboutus/directorates-and-program-offices/fraud-detection-and-national-security/administrative-site-visit-and-verificationprogram.)

An employer that signs Form I-129 agrees that “any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.” FDNS site visits are voluntary, but it is strongly recommended that employers cooperate should one occur. Employers should also be advised to contact their immigration attorney immediately should an FDNS investigation take place. Though most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present if logistically possible and might be permitted to participate via telephone.

Common Red Flags for FDNS Site Investigators:

 

• The beneficiary’s salary in pay statements does not match the amount stated in the petition.

• Reported income on the beneficiary’s Form1040 does not match the beneficiary’s salary, or the beneficiary reports as “self-employed.”

• The address of the beneficiary’s work location in the petition is not an actual work site.

• Virtual offices or empty offices without equipment are listed as the beneficiary’s place of employment.

• The beneficiary lacks a work email or work phone number.

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17
August 2016

Cuban Family Reunification Parole (CFRP) Update

This is an important update regarding the Cuban Family Reunification Parole (CFRP) program:

Invitations to participate in the CFRP Program will resume in August 2016.

Within the next few weeks, USCIS, with the help of the U.S. Department of State’s National Visa Center, will resume issuing invitations to eligible petitioners to apply for the Cuban Family Reunification Parole (CFRP) Program.

Petitioners who are invited to apply for the program and who choose to apply must now file Form I-131, Application for Travel Document, with USCIS and pay the filing fee or request a fee waiver for each family member in Cuba they wish to have considered for parole under this program. Only petitioners who receive invitations are eligible to apply for the program.

USCIS announced new CFRP Program filing requirements in December 2014. For additional information, please see uscis.gov/cfrp.

CFRP Program

Established in 2007, the CFRP Program allows certain eligible Cuban beneficiaries of family-based immigrant visa petitions to be paroled into the United States before their immigrant visa priority dates become current. Once paroled into the United States, these beneficiaries will be able to apply for work permits and will be eligible to apply for lawful permanent resident (LPR) status when they have been present in the United States for at least one year, or when their immigrant visas are available.

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If you believe that you are eligible for this program, please ensure that the Department of State‘s National Visa Center has your current mailing and email address. You may update your mailing address using the Public Inquiry Form on the NVC’s website.

21
July 2016

Who qualifies for the E3 visa?

The E-3 visa classification applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate.

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In addition to the Electronic Visa Application Form DS-160, completed online (https://ceac.state.gov/genniv/ ) you may need to provide the following documentary evidence with your application for an E-3 Visa:

  • An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.
  • Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.
  • If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take a copy of any certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
  • In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
  • A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.

 

 

 

 

 

15
July 2016

What is Port Parole?

Port Parole is a unique authority reserved to U.S. Customs and Border Protection at the port of entry. This authority is given to CBP by INA §212(d)(5), which allows CBP to “parole [individuals] into the United States temporarily and under such conditions as [DHS] may prescribe only on a case-by-case basis for urgent humanitarian reasons or a significant public benefit…” This authority is used very sparingly where the applicant for admission is otherwise inadmissible to the United States but presents a compelling emergent reason for needing to come to the United States.

Port Paroles are not approved in advance of the person’s entry to the U.S. but a decision is made at the time of the applicant’s request for admission. However, applicants or their attorneys may call the port of entry in advance of making the formal request for a Port Parole to outline the basis for the parole request in writing, with any relevant supporting documents. The ports often appreciate this advance notice because it allows time for deliberation while the person is not waiting in the CBP office, and also permits the port to run the request up the chain of command to the relevant CBP Field Office for higher authorization, if needed.

Port parole is wholly discretionary; if it is denied, there is no formal appeals process.

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The only form used to document approval of the Port Parole is the I-94 Form issued to the applicant at the time of entry. The fee for the request is $65, but may be waived.

In short, Port Parole is a discretionary authority reserved for CBP with no appeals process; determinations are made on a case by case basis; and this remedy should be used only as a last resort when all other options have been exhausted.

 

 

 

 

 

 

 

 

 

 

 

 

07
June 2016

U.S. Consulate Colombia and Visa Preparation for Colombia versus Paraguay

Colombia team Coach Jose Pekerman is being more cautious, making it unlikely Rodriguez will play in Tuesday’s game with Paraguay at the Rose Bowl (7:30 p.m. PDT, FS1, UniMas, UDN). Organizers expect a crowd of more than 40,000.

“I want to be optimistic. James is very important for Colombia,” Pekerman said after Friday’s game. “We also know he has a lot of desire to play. But I think the medical professionals know to what extent he’ll be running a risk.”

The U.S. Consulate in Bogota, Colombia is available to process non-immigrant visas including visas for artists, athletes, coaches, soccer players, trainers, nurses, physical therapists, tourists, visitors, business visitors, entrepreneurs and many others.

Check out the full schedule here.

U.S. Consulate Colombia, the Visa Section!

The Visa Section of the United States Embassy in Bogota processes applications for both nonimmigrant and immigrant visas to the U.S. Click on the links below or on the left side of the page to learn more about the Visa Section.

Public Service Statement

The Department of State manages the visa process strictly but fairly in order to best protect the United States and they are committed to the essential openness for which the United States has always been known. Travel to the United States is welcomed and encouraged.

Nonimmigrant visas

Nonimmigrant visas are for people visiting the U.S. temporarily for tourism, business, education, medical treatment, or petition-based employment. The type of visa required depends on your purpose of travel.

Immigrant visas

Immigrant visas are for applicants planning to permanently relocate to the United States for either family or employment reasons.

Fraud Prevention Unit

The Fraud Prevention Unit investigates any incidents of fraud in visa applications and provides information to visa applicants about possible fraudulent scams.

News and Announcements

Recent announcements regarding the visa application process.

Contact Information

How to contact the visa section regarding your visa applications.

Consular Calendar

View holiday and administrative closures.

Temporary visitors to the United States must apply for and obtain a nonimmigrant visa before beginning their journey. Our operation is one of the largest in the world - this past fiscal year we adjudicated more than a half million applications!

Many people apply for tourist visas (or B1/B2 visas), but we also adjudicate more than 20 other types of nonimmigrant visas, including student visas, work visas, exchange visas, and investor visas. We encourage applicants to use this website to learn as much as they can about the laws, regulations and policies involved in processing a nonimmigrant visa application.

We recommend that you do not purchase your airline ticket or incur non-reimbursable expenses until you have received your visa.

The information in this website is designed to help you to understand the process and, if a visa interview is required, to come to the interview prepared.

The following documents are required for all categories of nonimmigrant visas:

The following documents are highly recommended to ensure speedy processing on the day of your interview:

  • A Colombian national identity card.
  • For an applicant under the age of 14, a copy of his or her birth certificate (folio del Registro Civil de Nacimiento).

Certain categories of visas, such as work and student visas, require additional documentation. Please visit the Visa Categories page for more information on these required documents. The CSC Visa Information Servicealso has additional instructions.

You may choose to bring additional documentation to your interview in order to support your situation here in Colombia and your motive for travel. This additional documentation is not required by the consular officer nor the U.S. Embassy.

The consular officer often determines an applicant’s visa eligibility based on information provided orally during the interview and on the DS-160 application forms, without referring to the supporting documents you bring.

Important Note: Please do not make travel plans or purchase nonrefundable airplane tickets until your visa is approved. Please see the information regarding visa refusals and administrative processing. If your application must undergo administrative processing, it will take significantly longer for you to receive your visa.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

07
June 2016

U.S. Consulate Colombia-Need to Know for Getting a Visa

Colombia assistant manager Nestor Lorenzo says no decision has been made on whether to include captain James Rodriguez in the side to face Paraguay in the Copa America on Tuesday. James scored his country’s second goal before he was forced off by a dislocated shoulder in Colombia’s opening game of the tournament, a 2-0 win over host the United States in Santa Clara.

Check out the full schedule here.

 

U.S. Consulate Colombia, the Visa Section!

The Visa Section of the United States Embassy in Bogota processes applications for both nonimmigrant and immigrant visas to the U.S. Click on the links below or on the left side of the page to learn more about the Visa Section.

Public Service Statement

The Department of State manages the visa process strictly but fairly in order to best protect the United States and they are committed to the essential openness for which the United States has always been known. Travel to the United States is welcomed and encouraged.

Nonimmigrant visas

Nonimmigrant visas are for people visiting the U.S. temporarily for tourism, business, education, medical treatment, or petition-based employment. The type of visa required depends on your purpose of travel.

Immigrant visas

Immigrant visas are for applicants planning to permanently relocate to the United States for either family or employment reasons.

Fraud Prevention Unit

The Fraud Prevention Unit investigates any incidents of fraud in visa applications and provides information to visa applicants about possible fraudulent scams.

News and Announcements

Recent announcements regarding the visa application process.

Contact Information

How to contact the visa section regarding your visa applications.

Consular Calendar

View holiday and administrative closures.

 

 

Temporary visitors to the United States must apply for and obtain a nonimmigrant visa before beginning their journey. Our operation is one of the largest in the world - this past fiscal year we adjudicated more than a half million applications!

Many people apply for tourist visas (or B1/B2 visas), but we also adjudicate more than 20 other types of nonimmigrant visas, including student visas, work visas, exchange visas, and investor visas. We encourage applicants to use this website to learn as much as they can about the laws, regulations and policies involved in processing a nonimmigrant visa application.

We recommend that you do not purchase your airline ticket or incur non-reimbursable expenses until you have received your visa.

The information in this website is designed to help you to understand the process and, if a visa interview is required, to come to the interview prepared.

The following documents are required for all categories of nonimmigrant visas:

The following documents are highly recommended to ensure speedy processing on the day of your interview:

  • A Colombian national identity card.
  • For an applicant under the age of 14, a copy of his or her birth certificate (folio del Registro Civil de Nacimiento).

Certain categories of visas, such as work and student visas, require additional documentation. Please visit the Visa Categories page for more information on these required documents. The CSC Visa Information Servicealso has additional instructions.

You may choose to bring additional documentation to your interview in order to support your situation here in Colombia and your motive for travel. This additional documentation is not required by the consular officer nor the U.S. Embassy.

The consular officer often determines an applicant’s visa eligibility based on information provided orally during the interview and on the DS-160 application forms, without referring to the supporting documents you bring.

Important Note: Please do not make travel plans or purchase nonrefundable airplane tickets until your visa is approved. Please see the information regarding visa refusals and administrative processing. If your application must undergo administrative processing, it will take significantly longer for you to receive your visa.

 

 

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

06
June 2016

Bolivia versus Panama and Information about Getting a Visa at the U.S. Consulate in La Paz, Bolivia

Panama, ranked 56th in the world, and No. 82 Bolivia play their first Copa match at 7 p.m. Monday at Camping World Stadium. It will be the first time in history that Panama will compete in the tournament. “We’ll leave everything on the playing field,” Bolivia coach Julio César Baldivieso said through a translator. “The Bolivians are something special, they have something inside and when they know how to use it, they can be very successful.”

 

Bolivia, also known as La Verde, has faced many hurdles leading up to the tournament, including the departure of last year’s leading scorer in the Copa, Marcelo Martins, and former captain Ronald Raldes.

Visa Unit | La Paz, Bolivia - Embassy of the United States

The Consular Section in Bolivia priorities are to provide immigrant and non-immigrant visa services, including boarding foils, returning residents, and visa renewals. For detailed information. Please refer to the following website:

https://bolivia.usvisa-info.com

The Non-Immigrant Visa Unit is committed to providing a courteous and professional service to all applicants. For detailed information, please use the links on the left margin of this page to select the appropriate visa classification and to schedule an interview.

Location, open hours, and contact information

  • The Consular Section of the Embassy is located at 2780 de la Avenida Arce in La Paz, Bolivia.

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U.S. Visas for Same-Sex Spouses

  • U.S. embassies and consulates now adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.

Fraud Prevention Unit | La Paz, Bolivia - Embassy of the United States

 

 

The Fraud Prevention Unit of the U.S. Embassy in La Paz principal mission is to safeguard U.S. borders by detecting and stopping fraud in applications for U.S. passports, Consular Reports of Birth Abroad, Immigrant visas and Nonimmigrant visas.
The consequences of fraud are extremely serious. If you commit fraud, not only will you lose the benefit that you are seeking, but you may also have to pay hundreds of thousands of dollars in fines and you may even go to jail. The Fraud Prevention Unit aggressively pursues fraud cases, referring individuals as appropriate for prosecution under U.S. and/or Bolivian law.

The Fraud Prevention Unit, because of the nature of anti-fraud work, is not open to the public. If you have a tip concerning fraud that you wish to share with us, you may contact the Fraud Prevention Unit by e-mailing us at lapazfpm@state.gov

 

 

 

 

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

05
June 2016

How to watch Mexico vs. Uruguay: Copa America time, live stream, TV

Mexico and Uruguay are set to face off in a Group C match at University of Phoenix Stadium in Glendale, Ariz. on Sunday night.

Both sides come in with high aspirations for the tournament, Mexico led by Javier “Chicharito” Hernandez up front, and Uruguay hoping to get by without star forward Luis Suarez, who has a hamstring injury but is not ready to return.

How to watch (the easy part)

Match time: 8 p.m. ET

TV channel: DirecTV and Dish Network on Fox Sports 1, and KBNT Univision Channel 17 in San Diego

Live stream: You can see Mexico-Uruguay and every match of the Copa America Centenario live in Spanish on Fubo TV. Sign up now for a 24–hour free trial. The match can be live streamed here in English.

Find the full schedule for the tournament here.

How to get a visa in Mexico to come to the U.S. (the hard part)

 

Regardless of visa class, according to U.S. immigration law, all applicants must qualify as an individual and overcome the presumption of immigrant intent. (H-1B and L visa applicants are exempt from overcoming the presumption of immigrant intent.) In addition, other specialty visa classes exist for agricultural workers, nurses, athletes, entertainers, major investors, and artists.

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05
June 2016

Mexico versus Uruguay, Getting to the U.S. from Mexico, Legally!

Mexico take on Uruguay at the University of Phoenix Stadium in Glendale, Arizona (FS1, 8 p.m. ET). After a long wait, Mexico’s Copa America quest begins in earnest Sunday with a tough game against Uruguay. Sunday’s clash between Mexico and Uruguay will very much decide Group C. Keep your eyes on Javier “Chicharito” Hernandez, this summer is his time to shine and El Tri are a different team with him on the pitch. Need further proof? Look at their 1-0 warm-up win vs. Chile last week. He came on as a 78th minute substitute, the score tied at 0-0, and promptly scored the winning goal with four minutes remaining. Chicharito (43 international goals) is just three shy of tying Jared Borgetti as Mexico’s all-time leading scorer.Juan Carlos Osorio, meanwhile, has set his team’s sights on nothing less than a trip to the final.

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Getting to the U.S. from Mexico, Legally!

If you are traveling to the U.S. from Mexico, here is some information about border wait times.

If you are seeking a visa to the U.S. from Mexico, here is some information about available visas.

Nonimmigrant visas (NIVs) are intended for those who plan to visit the U.S. for business or pleasure; students or exchange visitors embarking on study or cultural work programs in the U.S.; people who are transiting through the U.S. to other onward destinations; seasonal temporary workers or workers who have been hired by U.S. companies for longer periods of time; visitors on diplomatic, official or U.N. business; journalists who are providing media coverage of time-specific events; and others who are traveling to the U.S. for limited time periods.

 

To better understand the different visa classes for business travelers, please find below a brief description of the most frequently used visas for business work and training travel.

B1/B2 Business and Pleasure Visa:

  • Permits the traveler to consult with a business associate or negotiate a contract.
  • May buy goods or materials, or repair equipment.
  • Allows participation in conventions, conferences, or seminars.
  • May seek investment opportunities.
  • Short-term job training that takes place in a classroom or lecture hall setting, but not on-the-job training.
  • Travelers cannot be compensated from a U.S. source.

 

 

 

H-3 Trainee Visa:

  • A petition-based visa that allows the traveler to participate in on-the-job training.
  • The traveler’s pay can be based in U.S.
  • The traveler may not train in a position that would replace normal operations or take the job of a U.S. worker.

H-1B Work Visa:

  • A petition-based visa that allows work for a period of up to six years in a specialty occupation.
  • Specialty occupations are professions that require a college degree or equivalent to enter.

L Work Visa:

  • Intra-company transfers.
  • L visa classification designed for multinational businesses with offices in many countries and a corps of specialized employees.
  • A petition-based visa. The applicant must have been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or a subsidiary or affiliate.
  • Their intended position in the U.S. is managerial, executive, or involves specialized knowledge

Regardless of visa class, according to U.S. immigration law, all applicants must qualify as an individual and overcome the presumption of immigrant intent. (H-1B and L visa applicants are exempt from overcoming the presumption of immigrant intent.) In addition, other specialty visa classes exist for agricultural workers, nurses, athletes, entertainers, major investors, and artists.

 

 

05
June 2016

How to watch Panama versus Bolivia on TV and Visa Information from the U.S. Consulate in Panama

Panama plays its first-ever Copa America match, while Bolivia looks to replicate their Quarterfinal form in 2015. Bolivia coach Julio Cesar Baldivieso has bemoaned the lack of preparation time with his players going into the tournament.

“We are virtually untrained,” he told www.critica.com: “I’m no magician, I am a technician. Chile, Argentina and Panama (in Group D) are better, and the task will be difficult.”

How to watch (the easy part)

Match time: 7 p.m. ET

TV channel: DirecTV and Dish Network on Fox Sports 1, and KBNT Univision Channel 17 in San Diego

Find the full schedule for the tournament here.

How to get a visa in Panama to come to the U.S. (the hard part)

The U.S. Embassy in Panama City is located at the following address:

U.S. Embassy, Panama City
Avenida Demetrio Basilio Lakas
Building No. 783 in Clayton, Panama City (see map below)
Telephone: 011-507-317-5000
Fax: 011-507-317-5278
Email: Panama-Visas@state.gov
Website: https://panama.usembassy.gov

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To learn more about the types of visas and the process to apply for a visa and schedule an appointment in Panama, please click here.

Third-Country Nationals

Although U.S. Embassy Panama accepts visa applications from anyone who is physically present in Panama, we strongly advise you to consider carefully the following:

Applicants for most types of nonimmigrant visas (NIVs) must overcome the presumption they intend to immigrate by demonstrating strong economic, cultural, and social/familial ties to a country outside the U.S. It is often difficult for consular personnel in Panama to evaluate applicants’ ties to a different country.

Applicants for visa categories that do not require the applicant to overcome the presumption they intend to immigrate generally rely on professional or educational experience or commercial ties. It is quite often difficult for personnel in Panama to assess experience and/or business activities in a different country.

If you decide to apply in Panama despite the above, your application may take significantly longer to process than it would in your country of usual residence.

It is strongly recommended that you bring documents that show your ties to Panama:

  • All employed persons: a recent job letter addressed to the Consular Section which states: length of time in job, position (permanent or temporary), salary, and available vacation time.
  • Salaried employees: your last social security receipt (ficha), or, for an employee of the Government of Panama, your last pay stub.
  • Self-employed persons: your income tax declarations and receipts from the last three years.
  • Retirees: your last pension check stub, or for retirees of the U.S. government, any document showing your yearly income or annuity.
  • Dependents or minor children: the documents of your parents.
  • Spouse who is not employed: the documents of your working spouse.
  • Students: your last registration receipt from school or university and employment documents of your parents or whoever is paying for your education.
  • Other documents that may support your application: letters from banks where you have a checking or savings account, vehicle titles, title to property, etc.
  • Expired passports containing previously issued U.S. visas.

If you are traveling to the U.S. for medical treatment, please ensure that you bring the documents requested here.

 

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.