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NON-IMMIGRANT VISAS TO THE U.S.

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Presentation on theme: "NON-IMMIGRANT VISAS TO THE U.S."— Presentation transcript:

1 NON-IMMIGRANT VISAS TO THE U.S.

2 What is a Non-Immigrant Visa?
A nonimmigrant visa is most frequently a tourist, business, student, or work visa that will permit the applicant to stay for a particular period of time in the United States to accomplish a specific purpose, such as visiting, studying, or working. Introduction The U.S. as a matter of long-standing policy encourages people from all over the world to visit. This is good for us, and good for them. We are especially pleased to welcome students. It is a common misbelief that student visas are hard to obtain. In fact, student applicants are accepted at a higher rate than is our general population of applicants.

3 Visa Validity A visa's validity is the time period that a visa may be used to apply for admission to the U.S. For instance, a businessman who receives a 10 year multiple entry visa has a 10 year period during which he or she may apply for admission to the U.S. ***It does not mean one can go to the U.S. and live there for 10 years.***

4 Visa Validity Cont. Upon arrival in the U.S., an immigration officer will 1)actually decide whether to authorize the traveler's admission to the United States 2) and determine the period of authorized stay.

5 Port of Entry Applicants should be aware that a visa does not guarantee entry to the United States. At the port of entry, an immigration officer may deny entry to the holder of a valid visa if the traveler's activities do not appear to agree with the specified visa category.

6 BUSINESS B1/B2

7 B1/B2 Visa - Business Acceptable B1/B2 Activities Selling
An individual traveling to the United States to take part in an exhibition, to set up an exhibition booth, to display samples, to sign contracts, to take orders for merchandise produced.

8 B1/B2 Visa – Business Cont.
*** The holder of a B-1 visa may not actually sell or take orders for merchandise produced in the United States.

9 B1/B2 Visa – Business Cont.
2. Conference Participants in scientific, educational, professional, or business conventions, conferences or seminars may travel to the United States on B-1 visas

10 B1/B2 Visa – Business Cont.
3.Business venture The B-1 visa is the appropriate visa classification to travel to the United States to survey potential sites for a business and/or to lease premises. ***However, the holder of a B-1 visa may not remain in the United States to manage the business.

11 TEMPORARY WORK VISA (H VISAS)

12 H – Temporary Work Visa Intention of working in the United States temporarily in specific prearranged employment. The employment must be approved in advance by the U.S. Citizenship and Immigration Services (USCIS)

13 Types of H Visa H1B (Specialty Occupation):
Required by an employee to perform services in a prearranged professional job. Requires a bachelor’s or higher degree in the specific specialty.

14 Types of H Visa H2B (Skilled/Unskilled Worker):
Required for temporary or seasonal jobs and for which there is a shortage of U.S. workers.

15 Types of H Visa H3 (Trainee):
Is required by a trainee to receive training from an employer in any field of endeavor, other than graduate education or training.

16 What happens once the petition has been approved ?
If an H petition has been approved in your name you will be required to apply for a visa before traveling to the United States.

17 If you are applying for an H-1B visa, you need to present:
All the required documents for any non-immigrant visa PLUS: I-797 The original notice of approval. The complete I-129 petition including the Labor Condition Application. The originals plus one copy of university diplomas, mark sheets and any certificates. Letter from petitioning employer confirming employer's intent to hire the applicant. The original plus one copy of your work experience letters from your previous employers. Introduction The U.S. as a matter of long-standing policy encourages people from all over the world to visit. This is good for us, and good for them. We are especially pleased to welcome students. It is a common misbelief that student visas are hard to obtain. In fact, student applicants are accepted at a higher rate than is our general population of applicants.

18 First Time Applicants May Consider Submitting the Following Documents: Part 1
Pay slips from current or most recent place of employment. Names and current phone numbers of the personnel managers at present and past jobs. Photographs of the inside and outside of current or most recent employer's place of business. Names and contact information of two co-workers from your current or most recent place of employment. However, it is also our policy, and U.S. law, that foreigners can only visit temporarily, and when their visit is over, they must return home. The hard fact is that many visitors do not return home when they should. Some overstay for a short time, some indefinitely. In the post 9/11 environment, the Consular Service must be especially careful in separating out persons who deserve visas from those who don't. We're doing our best to make the process faster and easier for applicants. The more that applicants know about this process, the better they can prepare, and make my job easier, and improve their chances. Hopefully, my remarks today will be of assistance to you as you prepare your visa applications. It is my job, as a consular officer, to separate out those applicants who I can reasonably expect to return home on time, from those who are likely to overstay. I have, on average, 3-5 minutes to make this decision. I make it based upon U.S. law and what the applicant tells me in answer to my questions during the interview. Some of you undoubtedly are hoping that I will give away the secret to getting a visa. In fact, there is no secret. There are no magic words that guaranty acceptance. All I can do is tell you generally what we look for. The rest, is up to you. Also, note that issuance of a visa does not guaranty you entry to the U.S. All it does is permit you to get on an airplane, and make an application to an immigration officer, when you arrive at the immigration booth in the U.S. Most people who have visas will be granted entry without problem. But, keep in mind that you can make it all the way to U.S. Immigration at the airport and still be denied entry, if the immigration officer doesn't like your answers to his questions.

19 First Time Applicants May Consider Submitting the Following Documents: Part 2
Names and contact information of two co-workers from past jobs. A complete resume/bio-data and cover letter describing current job duties in detail. Personal bank records for the last six months. US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report. INA 214(b) provides that every alien applying for a student visa (like every alien applying for a tourist visa) is presumed to be an immigrant (and thus not eligible for a visa), unless s/he can establish that s/he is entitled to a visa. That is to say, when you show up at the window, I start out required to assume that you are intending to immigrate. It is your job to convince me otherwise. You convince me otherwise by showing me social and economic ties to Turkey that are so strong as to compel you to return to Turkey after your education is completed. People often ask, how do I show these ties? As I just said, there is no one answer to that question. There are many, many ways to show the ties. Generally, the more successful you are in Turkey, financially, professionally, socially, or otherwise, the better your chances are. For instance, a businessman who runs a large company and has three houses and five cars is a good visa risk. He has many reasons to return to Turkey when his trip is over. However, an elderly couple of very modest means might also be a good risk, if they own their own house, and have children and grandchildren that live in Turkey. This couple is socially successful, although perhaps not financially successful. Consider the case of a second year student at a low-ranking university, who has poor grades and little money and, midway through the semester, has decided to take a year off and go to the U.S. and learn English. This student almost certainly will not get a visa: He has not been a success in Turkey, and has little incentive to return. Or, consider the case of a student who has received an undergraduate and Masters degree in Electrical Engineering from METU, who has been admitted to MIT for a PhD program. This hypothetical student's father owns a large company selling high-tech equipment to the Turkish military. Almost certainly, this student will get a visa, because he has been quite successful to date in Turkey, and can expect to continue to be a success in the future.

20 Spouses, Children and Partners
Spouses and/or children under age of 21 require derivative H-4 visas. Spouses and/or children who do not intend to reside in the U.S. with principal visa holder but visit for vacation only may apply for B-2 (visitor) visas. Go to the U.S. Embassy website to find out more: If you use the electronic form (linked from the website), you will be give priority handling during your appointment and will spend less time at the Embassy.

21 H-4 Versus F-1 No requirement for spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they want to study in the U.S., they may study on an H-4. If qualified they may apply for the F-1 visa. For forms I-20 (F visas) and DS 2019 (J visas), the name and DOB must match the passport exactly. If they don't, you'll need to obtain a corrected form from the school before we can give you a visa. Forms DS 156 & 157 (for men years of age): Fill out completely, using "yok" or “N/A” where necessary. You must always provide a U.S. address We cannot interview you until your forms are completely filled out. If you appear with incomplete forms, you may need to make a new appointment Photograph: 5cm square, on white background. Ears must be shown. “Natural” expression: Don’t smile; don’t show your teeth. Sometimes people with poor grades won't bring transcripts, hoping they won't be asked for. Almost always we want to see transcripts. Turkish schools grade much harder than U.S. schools. Your interviewing officer, if new, may not know this. So, it is useful as well to bring a certificate that shows your individual ranking in your class, if your transcript doesn't show this. Bring your diploma, or certificate of graduation, if your diploma isn’t ready in time. Proof of ability to pay: In most instances, your family will be supporting you. If this is the case, be prepared to show that your family has the financial resources to do so. If you will be accompanied by dependents, you must be able to support them, as well -- and remember that they won't be permitted to work. Even if you have a full scholarship, if you are bringing dependents, you need to show ability to support them. Prior passport, if you have one. Proof of your family's ties to Turkey

22 Working on an H-4 Visa The holder of and H-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required. Please Note: Final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued. Fingerprinting: inkless, painless, quick. If your name or a similar name shows up in our security system, we need to get approval from Washington before issuing you a visa. Don't argue; there's nothing we can do about it. Generally, it takes 6-8 weeks to obtain this approval. For this reason, apply a minimum of 2 months ahead of time, if you can. Answer questions directly and tell the truth. You will badly hurt your chances of approval if you are caught in a lie, even if small. To interview in English, or Turkish? It is a point in your favor if you have tried to study English in Turkey before you go to the U.S., especially if you are going for English training. So, if you can speak some English, show it off for us. However, it is a mistake to overstate your understanding of English, since then you will not present your case well. If you speak but limited English, explain this at the outset of the interview. If you are having a hard time explaining yourself in English, we will conduct the interview in Turkish. English as a Second Language Students tend to be rejected at a higher rate than other students, because some of them tend to be less successful in Turkey. You can give yourself a better chance by studying English in Turkey, and doing well. If you do well at University, and seek to learn English after you graduate, this will increase your chances, as well. If you have a conditional acceptance to a Masters program, once you achieve a particular TOEFL score, you are in even a better position.

23 TREATY TRADER INVESTOR
(E-1) (E-2)

24   Introduction   The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a Treaty of Commerce and Navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested or is actively in the process of investing a substantial amount of capital. Introduction

25 Requirements for Treaty Trader Visa (E-1)
The applicant must be a national of the treaty country The trading firm must have the nationality of the treaty country The international trade must be "substantial"

26 Requirements for Treaty Trader Visa (E-1) Cont.
The trade must be principally between the United States and the treaty country Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other

27 Requirements for Treaty Investor Visa (E-2)
The investor, either a real or corporate person, must be a national of a treaty country The investment must be substantial.The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise

28 Requirements for Treaty Investor Visa (E-2) Cont.
The investment must be a real operating enterprise The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States

29 Requirements for Treaty Investor Visa (E-2) Cont.
The investor must have control of the funds and the investment must be at risk in the commercial sense The investor must be coming to the United States to develop and direct the enterprise

30 Requirements for Employees of both categories who are not investors
Must have the same nationality as the Employer Must be employed in a supervisory or executive capacity or have a highly specialized skill

31 Application Procedure
All requirements for E-1/E-2 mentioned above must be met DS-156E and and all required company documentation DS-156 DS-157 For male applicants between the ages of 16-45 One Photograph Fee Passport and statement of intent to depart the United States on termination of ‘E’ status

32 New Enterprise Applications Enterprise:
DS-156E "Non-immigrant Treaty Trader/Investor Application Form Corporate documents A letter of introduction to the enterprise A five year plan

33 Investor/employee Part III Applicant Form DS-156E, together with curriculum vitae, copy of degrees etc Form DS-156 Form DS-157 Photograph Fee statement of intent to depart the United States on termination of ‘E’ status Certificate of net worth duly authenticated

34 Family members Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative ‘E’ visas Spouses of ‘E’ visa holders may seek employment authorization on derivative ‘E’ visas. (For further information, please contact the U.S. Citizenship and Immigration Services (CIS)

35 Revalidation of ‘E’ status
DS-156E duly completed Updated corporate documentation Copies of most the recent U.S. tax returns and financial report W2 (for investors with 10 employees or less) and letter from the company summarizing its performance to date and outlining future plans

36 New employees for companies who currently hold ‘E’ status
All the forms and information detailed above A brief narrative of applicant's quality/suitability for the position An organization chart showing the employee position in the enterprise. (All corporate documentation needs to be updated and resubmitted; this information to include latest U.S. tax returns and financial reports if the company’s status is about to expire)

37 Port of Entry The U.S. Customs and Border Protection Agency (CBP) has authority to deny admission A CBP official validates the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted Contact the U.S. Citizenship & Immigration Services (CIS) to request Form I-539, Application to Extend Status

38 Time Limits Holders of ‘E’ visas may reside in the United States as long as they continue to maintain their status with the enterprise

39 How to apply: Schedule an appointment through the non-immigrant visa appointment system Bring all required documents for submission on the day of interview Review of corporate files may take between two to four weeks (in rare cases, applicants will be called in for another interview)

40 Intra-company Transferee Visa (L-1)
L VISAS Intra-company Transferee Visa (L-1)

41 L-1 classification Intracompany transferees who, within the three preceding years, have been employed outside the U.S. continuously for one year Who wishes to establish, or be employed by a branch, parent, affiliate or subsidiary of that same employer in the U. S. in a managerial, executive, or specialized knowledge capacity

42 Blanket L-1 visa Blanket L-1 visa applicants are required to pay a $ Fraud Prevention and Detection Fee.

43 For detailed information visit www.travel.state.gov

44   U.S. VISA PROCEDURES  

45 Be Prepared The average interview takes 3-5 minutes.
The central questions: Will the visa applicant return to their home country? What will the applicant do in the U.S.?

46 What We Look For Immigration and Naturalization Act, section 214(b): Everyone is a presumed immigrant. You overcome this presumption by showing social, economic, professional or family ties to Turkey. There are many ways to show these ties.

47 Documents (Part I) Complete instructions are available on the website: ankara.usembassy.gov/guide_to_niv.html Use the electronic visa application form and get priority.

48 Documents (Part II) DS 156, DS 157 (for men 16-45)
Photograph (strict rules!) Documents about your job Proof of ability to pay Prior passport Ties to Turkey

49 The Interview Apply 6-8 weeks before you intend to travel.
Tell the truth! English, or Turkish?

50 Congratulations, You Got A Visa!
UPS Delivery of your passport and visa in 2-3 days. Don’t open that sealed envelope!

51 Sorry, You Don’t Qualify for A Visa ...
221(g) refusals: What’s missing? 214(b) refusals: Should you reapply?

52 We hope to see you at the visa window!
THANK YOU! We hope to see you at the visa window!


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