January 2011 Jeffrey Pilgreen Working in the United States U.S. Consulate General - Vancouver.

January 2011Jeffrey Pilgreen

Working in the United States

U.S. Consulate General - Vancouver

Visa vs. Status – What’s the difference?

U.S. Consulate General - Vancouverhttp://vancouver.usconsulate.gov

Gives you permission to apply for entry

Gives you legal status and length of stay in the U.S.

Canadians do not need a visa to work!

• They can apply for their working status directly at the Port of Entry.

• Canadians still have to prove they meet the requirements for the status they seek.


Visa Waiver Program participants

• You cannot work in the United States on the Visa Waiver Program. You must apply for a visa.

General information about working visas• Most U.S. employment visas are employer-

initiated, petition-based visas• Department of Homeland Security adjudicates all

employment-based petitions• Almost 450,000 employment-based visas issued in

2007• 65,000 H1B petitions approved each year


Obtaining an employment visa

1. Find a job and an employer in the U.S.

2. Have your U.S. employer petition for your employment through U.S. Department of Homeland Security (DHS)

3. Once you obtain your approved petition, set an appointment for visa interview

4. Attend visa interview


Skilled workers are needed and welcomed• Accountants• Financial and business analysts• Software engineers• Physical therapists• Medical technologists• Nurses• Executives or managers• Workers with specialized knowledge


Petition-based working visas• H-1B – temporary worker in specialized

occupation• H-1C – foreign nurses• H-2A – seasonal agricultural workers• H-2B – laborers and tradesmen• H-3 – trainees• J – exchange visitor• L – intracompany transfer• P – athletes, artists, and entertainers• R – religious workers

Working visas that do not require petitions

• B1 – temporary visitor for business• D – crew members• E – treaty trader/treaty investor• I – information media representatives

H visas – Skilled and unskilled workers• H-1B workers

− Workers with specialized skills (engineers, computer professionals, and so on) • Must have Bachelor’s degree or higher

− Doctors• Proper licensing (state and USMLE)• English language (ECFMG certification or

graduate of U.S school)

− Fashion models• Must be prominent, well-known

H visas (continued)• H-1C

− Nurses− Full and unrestricted license to practice

nursing− Must pass approved examination (CGFNS)− Must be able to practice immediately

• H-2A− Agricultural workers− Must be nationals of participating countries

H visas (continued)• H-2B

− Temporary and seasonal workers− Perform non-agricultural work (not medical

workers)− Must be nationals of participating countries

• H-3− Trainees− Receiving training in any field not provided

by an academic or vocational institution − Special education exchange program

participants

Total periods of stay on H visas• H-1B

− Total period of stay no more than six years, with one possible extension of an additional three years for models and specialized workers

− Total period of stay no more than 10 years for DOD R&D project workers

• H-2A and H-2B – total period of stay no more than three years

• H-3− Total period of stay no more than two years − Total period of stay no more than 18 months

in a special education exchange program

L visa – Intracompany transfer• Petitioner is same company for whom you

are employed abroad• You are a manager or executive, or have

specialized knowledge, and are taking a managerial or executive position or a position requiring specialized knowledge

• You must have one year prior continuous qualifying experience within the previous three years

Readmission after maximum stay on BOTH H and L visas• H-1B and L – must reside outside the U.S.

for the immediate prior year• H-2A and H-2B – must reside outside the

U.S for the immediate prior three months• H-3 – must reside outside the U.S. for the

immediate prior six months

J-1 – Exchange visitor• Accepted into designated exchange visitor

program• Financial ability to pay for expenses• Adequate English language ability• Intend to return to country of residence• Qualified for program• Comply with INA 212(e), if applicable


Categories of exchange visitors• Physician• Au Pair• Camp counselor• Government visitor• Intern• International

visitor• Professor

• Research scholar• Short-term scholar• Specialist• Students• Summer work

travel• Teacher• Trainee


Exchange visas and INA Section 212(e)

Some participants in exchange programs may not be permitted to change status, obtain an immigrant visa, or acquire certain non-immigrant visas until they have resided in their country of nationality or last country of residence for two years following the completion of their exchange program.

NAFTA professional worker (TN) status• Canadian professionals apply for TN status

at the Port of Entry, not at the Consulate− No visa is required, TN is status only− Applicants must show:

• Proof of citizenship• Evidence of an offer of employment in a

profession covered by the treaty• Evidence of minimum education and/or

experience

− Complete list of skills and requirements:www.nafta-sec-alena.org


http://www.nafta-sec-alena.org/

B-1 – Temporary visitor for business• Engage in commercial transactions which

do not involve employment in the U.S.• Negotiate contracts• Consult with business associates• Litigate• Participate in scientific, educational,

professional or business conventions, conferences or seminars

• Undertake independent research


Other business activities allowed under B-1• Domestic or personal employee for U.S.

citizen or foreign national• Professional athlete• Yacht crewperson• Foreign airline employees• Installing, servicing or repairing foreign-

purchased industrial equipment• Cultural program participants• Some musicians and other performers• Some religious workers• Some trainers and exhibitors


E – Treaty trader and treaty investor• Hired by an E-qualified company• Must be executive, supervisory, or

essential employee (similar to L visa requirements)

• Employer applies for you


Qualifying for an employment visa• Are you qualified for the position?

− Bring your degree, transcripts, etc to prove you do

• Is your U.S. employer qualified to petition you?− Bring your employer’s financial documents

• Does the position you have been offered qualify as a specialty skill job?− Bring the I-129 packet your employer gave

you

• Will you be likely to be paid as petitioned?− Bring your employer’s labor certification


Studying in the United States


What kind of study visa do I need?• F1 – for academic study

− College, university, seminary, conservatory, or other academic institution or in a language training program

• M1 – for non-academic study− Established vocational or other recognized

non-academic institution other than a language training program

• J1 – for exchange programs− Work/travel, au pair, company/medical

internship, or academic research


Qualifying for an F1 or M1 student visa• Students are required to demonstrate:

−Intent to return to their country of residence upon completion of their studies

−Financial ability to pay for schooling (tuition plus expenses)

−Commitment to full-time course of study −English language ability


Qualifying for an J1 exchange visa• Students are required to demonstrate:

−Intent to return to their country of residence upon completion of their studies

−Financial ability to pay for schooling (tuition plus expenses)

−Adequate medical insurance for the duration of the program

−English language ability−If you are entering as an intern or

resident for clinical training at a hospital, you must present evidence that you have passed the VQE or FMGEMS exam


Exchange visas and INA Section 212(e)• Some participants in exchange programs may

not be permitted to change status, obtain an immigrant visa, or acquire certain non-immigrant visas until they have resided in their country of nationality or last country of residence for two years following the completion of their exchange program.

Can I stay in the U.S. after I graduate?• You can stay up to 14 months after you

graduate to do an Optional Practical Training (i.e., work after graduation).

• Beyond that you must obtain an employment-based visa or immigrant visa.

• The J visa may require that you return to your country of residence for a period of 2 years.


Can spouses or children also work or study in the U.S. ?• F1 and M1:

− Dependents and spouses cannot work− Children of F1 and M1 applicants MAY study

full-time− Spouses cannot study full-time unless they

qualify for an F1 or M1 visa in their own right.

• J1 dependents may work if authorized by DHS


Can I work while I’m a student?• On an F1 visa, you can:

− work on-campus for up to 20 hours a week while school is in session, including breaks if you intend to register for the next term

− work off-campus for up to 20 hours a week during subsequent years of study IF you have been authorized by the designated school official

− engage in off-campus practical training only after receiving permission from DHS and with certain other limits

Can I work while I’m a student?• However, on an F1 visa, you may NOT:

− work off-campus during the first academic year of study

− continue to work on-campus after you have completed your course of study

• On an M1 visa, you may NOT: − work except for practical training

Applying for a visa


How to apply for a visa• Make an appointment:

− http://www.usvisa-info.com/en/selfservice/− 604-800-0917 (Vancouver)− 877-341-2441 (toll free)

• Pay the MRV fee• Attend the interview • Please plan ahead; you may not get an

appointment immediately:− http://travel.state.gov/visa/temp/wait/

wait_4638.html


• DS-160 form• Proper form (I-797, DS-2019, I-20)• Passport and photo• Proof of legal status in Canada• For complete list: http://www.consular.canada.usembassy.gov/usa_visa.asp

What to bring to the visa interview


What to expect at the Consulate• Be prepared to answer questions about

your qualifications and abilities. Your documents alone are not enough.

• BE HONEST!• Some applicants will require additional

administrative processing which can take days to months to complete.


Visa approved!

• Do not finalize your travel plans until your U.S. visa is in your hands!

• Go to the U.S. with your visa and obtain the proper status.


Visa refused – Why?

• Presumption of immigrant intent• Failure to meet the requirements of the

visa for which you are applying• Fraud trends• Economic and immigration trends• Each case is determined on its own merits


Administrative processing

• Reasons for further administrative processing include:−Insufficient documentation−Fees unpaid−Criminal or other ineligibility−Prior inadmissibility


Questions on working in the U.S.?Temporary Workers in the United States

http://travel.state.gov/visa/temp/types/types_1271.html

Bureau of Consular Affairshttp://travel.state.gov

U.S. Consulate General Vancouverhttp://vancouver.usconsulate.gov

http://www.educationusa.info/pages/students/visa.php

http://vancouver.usconsulate.gov/

Questions on studying in the U.S.?Bureau of Educational and Cultural Affairs

http://exchanges.state.gov

Study in the United States http://educationusa.state.gov

For international studentshttp://www.educationusa.info/students.php

The student visahttp://www.educationusa.info/pages/students/visa.php

http://exchanges.state.gov/

http://educationusa.state.gov/

http://www.educationusa.info/students.php



THANK YOU!


January 2011 Jeffrey Pilgreen Working in the United States U.S. Consulate General - Vancouver.

Documents

h visas h

b workers h

years h

trainees h

tradesmen h

working visas h

unskilled workers h

h visas skilled