WANI & ASSOCIATES, P.C. provides quality legal services in immigration, personal injury, family law,bankruptcy, international trade, corporation and wills to residents of the Washington, DC metropolitan area including Virginia, Maryland.
5. Chapter 1
2012
1.1 February
About (2012-02-01 08:58)
Immigration | Bankruptcy | Personal Injury | Criminal Defense | Family Law |Attorneys at Wani and Asso-
ciates
Mumtaz A. Wani is licensed to practice law in Commonwealth of Virginia, State of Maryland and Courts
in India. Mr. Wani ’s practice concentrates on Immigration Law, Family Law, Personal injury, Bankruptcy,
International Trade and Corporate Law. Mr. Wani has represented Domestic and International Companies
in Commercial Disputes. With over 27 years of legal experience, Mr. Wani has represented hundreds of
International clients as well as Northern Virginia, Maryland, and Washington DC metropolitan area residents
in complex legal areas to maximize their opportunities in the fields of immigration law, family law, and
corporate law, while minimizing their risks. Mr. Wani is a graduate of the George Washington University
School of Law. He is an member of the Virginia Bar association, Maryland Bar Association, New Delhi Bar
Council, International Bar Association. He has over 27 years of legal experience. Mr. Wani ’s advice on legal
matters is solicited on regular basis on TV and Radio programs. He also publishes his legal advice in local
journals and newspapers.
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Immigration
A United States Permanent Resident Card, also known as a Green card, is an identification card attesting
to the permanent resident status of an alien in the United States of America. Green card also refers to an
immigration process of becoming a permanent resident. The green card serves as proof that its holder, a
Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission
to reside and take employment in the USA. The holder must maintain permanent resident status, and can be
removed from the US if certain conditions of this status are not met.
Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has
been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the
Department of Homeland Security (DHS). Shortly after re-organization BCIS was renamed to U.S. Citizenship
and Immigration Services (USCIS).
An alien with a green card application can obtain two important permits while the case is pending. The first
is a temporary work permit known as the Employment Authorization Document (EAD), which allows the
alien to take employment in the United States. The second is a temporary travel document, advance parole,
which allows the alien to re-enter the United States.
Types of Immigration U. S.
Immigration legislation in the Immigration and Nationality Act (INA) stipulates that an alien may ob-
tain permanent resident status only through the course of the following proceedings:
"Immigration through a family member
"Immigration through employment
"Immigration through investment
"Immigration through the Diversity Lottery
"Immigration through ”The Registry” provisions of the Immigration and Nationality Act
6
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Information about Nonimmigrant Visa Processing at Consulate (2012-02-01 09:33)
[1] Before a foreign visitor can enter the U.S.A. in a [2]nonimmigrant status, he
or she must obtain a visa from a U.S. consulate located outside the [3]United States. This rule applies to
all foreign nationals except Canadians and a few others groups. This exemption covers Canadian citizens
only (an identical exemption covering Canadian landed immigrants was recently revoked as discussed below).
A Canadian citizen does not obtain a visa, but rather presents himself or herself to the[4] immigration
officer at the border (either a land crossing point or an international airport). At the border, the Canadian
nonimmigrant documents that he or she is eligible for admission to the U.S. as a nonimmigrant by presenting
to the [5]immigration officer the same type of documentation as other nationals do to U.S. consulates. The
one exception to this procedure relates to Canadian nationals seeking E status under the North American
Free Trade Agreement (NAFTA) who must apply for an E visa at the U.S. consulate in Canada.
Another class of nonimmigrant exempted from the visa requirement includes nationals of selected coun-
tries participating in the [6]Visa Waiver Program (VWP). This special program permits the arrival of aliens
without a visa of they are citizens of certain designated countries visiting the United States in the B category
(for tourists and short-term business visitors). The program was established for nationals of countries with
good “track records” of tourists and business persons who abide by the terms of their admission to the
United States and do not work or overstay their visits. Citizens of 27 countries have been included in
the program –Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San
Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Periods of stay are
limited to 90 days, and other limitations apply as well; if the foreign national s plans can be fitted within
90-day limit and other restrictions, however, the convenience and time-savings of avoiding obtaining a B
visa at the U.S. consulate can be a significant advantage.In January 2003, the [7]Immigration Service and
State Department issued rules that require landed immigrants of Canada from the British Commonwealth
countries to obtain nonimmigrant visas in order to enter the United States. The new regulations took effect
7
8. on March 17, 2003. The rules provide that permanent residents of Canada (commonly referred to as landed
immigrants) having a common nationality with Canadian nationals or residents of Bermuda who share a
common nationality with British subjects in Bermuda mist present a valid [8]passport and visa when applying
for admission to the United States. Nationals of Ireland and British Commonwealth countries, who reside in
Canada, will be affected by this change. Permanent residents of Canada or Bermuda who are nationals of a
designated visa waiver program (VWP) country who present a valid passport may still be admitted under
the VWP. The rule will not alter existing waivers of passport or visa requirements for Canadian citizens of
for citizens of Bermuda, now referred to as “Citizens of the Overseas Territory of Bermuda.” Nationals of 54
countries who reside in Canada or Bermuda have benefited from the waiver and these individuals will now
need to obtain [9]nonimmigrant visas to enter the United States, unless they are entering for less than 90
days as short-term visitors for business or pleasure and are eligible to enter under the Visa Waiver Program.
In light of the new policy, the U.S. Embassy in Canada has outlined visa procedures for Canadian landed
immigrants who are affected by the new policy.
Application process
[10]Foreign nationals seeking nonimmigrant visas must file an application at a U.S. consular post abroad.
The application package consists of Form DS- 156, or DS-160 (Electronic filing) Special Supplements (field in
particular cases), the [11] applicant’s passport and photograph, [12]applica-
tion fees (based on reciprocity), fee for issuance of machine readable visa, evidence of approval of petition
or certification from sponsoring institution (when required) , and supporting documentation establishing
eligibility for type of visa sought.
State Department rules provide that a nonimmigrant visa application can be made at any visa-issuing
[13]U.S. consulate, not just a consulate in the alien’s home country. In practice, however, aliens who are
nationals of countries with a high rate of visa refusals and overstays may find it difficult to have a visa issued
at consulates in third countries. In addition, certain[14] nonimmigrant visa applicants are required by law to
submit their applications at a consulate located in the country of the alien’s nationality. The requirements
is applicable to an applicant who was issued a nonimmigrant visa in the past, was admitted on the basis
of that nonimmigrant visa, and remained in the United States beyond the period of stay authorized by
the USCIS. Absent extraordinary circumstances the applicant is not eligible for further nonimmigrant visa
issuance except in the country of the alien’s nationality. Applications for E visas field by third country of the
also unlikely to be adjudicated. The reasons for this is that E visa applications present complex issues that
often are best examined by the consulate located in the alien’s home country.The individual visa application
must be submitted according to the post’s established procedures, e.g., via mail, in person, via courier, etc.
Once a visa application has been field, the consular officer will review the application and the supporting
documentation to determine the alien’s eligibility for the nonimmigrant visa sought. The next step is the
visa interview with the visa applicant (unless the requirement is waived). The consular official will also
run security checks on the applicant through government database. It should be noted that a number of
new State Department Security procedures have been established in recent years. Foreign nationals may
find themselves subject to additional security clearances, lengthier and more frequent personal interviews
at consulates or embassies, biometrics collection, and additional documentary requirements. Since staffing
8
9. has not increased, the wait to get a visa issued has grown as a result of these new procedures. If the officer
can make a determination on the[15] visa application based on the papers submitted and the interview, it
is possible that the visa can be issued the same day as the interview (provided all security clearances have
been completed by the date of the interview). If more information is requested by the officer or the security
clearances have not been completed, the applicant will have to return, either for another interview or to have
the visa issued. While the nonimmigrant visa has traditionally taken the form of a visa stamp placed in the
alien’s passport all consulates now issue machine-readable visas. The number of entries and the period of
validity of the visa depend on the visa category and the visa applicant’s nationality, as the maximum period
of validity and numbers of entries are set on the basis of reciprocity between the U.S. and the foreign state.
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1.2 July
Basic Information About The B Category Visa To USA (2012-07-13 08:10)
B Category Nonimmigrant Visa Process.
1. General Requirements
The B nonimmigrant [1]visa category covers alien visitors for business (B-1) and pleasure (B-2).Sec
101(a)(15)(B) of the Act, 8 U.S.C.A. Sec 1101(a)(15)(B). By far the vast majority of aliens who enter the
[2]United States each year do so as nonimmigrant visitors in the B visa category. Generally, stays in the
United States in this category are brief, and involve such activities as touring, visiting family members,
obtaining health care, or conducting business on behalf of an overseas employer. The trips are temporary
and cannot involve employment in the United States or the undertaking of an [3]academic study program.
2. Duration of Stay
While most stays in the U.S. in the B visa category are short, it is possible under current B rules
to obtain a period of admission of one year on initial entry to this country. In addition, extensions of stay
can be granted for no more than six months at a time.
9
10. A [4]business visitor (B-1) will be granted only a period of entry necessary to conduct his or her
business. Most such visits are approved for less than three months, and only in unusual circumstances would
a stay of more than six months be granted. [5]Tourists in the B-2 category are automatically given a period
of entry of six months, even if the visitor intends to remain only for a shorter period. A longer period than
six months can be granted, but only under unusual circumstances, while a border agent can give less than six
months only ”for good cause,” and only when approved by a higher-level official.
Admissions under visa waiver programs: Aliens admitted to the United States as part of the Visa
Waiver Program (VWP) or the Guam [6]Visa Waiver Program have different rules applicable to them
regarding duration of stay and extension of stay.
3. Application Process
Unlike many other [7]nonimmigrant categories, the B visa category requires application only to the
U.S. consulate; no special permission needs to be obtained from the Immigration Service in the U.S. before a
visa is issued. The [8]visa application process is straightforward and for many foreign nationals, particularly
from Europe, the visa can be issued for a period of validity upto 10 years and for an unlimited number of
enteries. To addition, a visa waiver program has been put into effect for visitors from 27 countries.
4. Special Conditions
The key [9]condition of the B category is that the alien cannot engage in gain-full employment (la-
bor for hire) in the U.S. The crucial factor is: Will the alien be paid a salary from a U.S. employer or
otherwise engage in activity here that results in payment to the alien of a fee for [10]services rendered? Gray
areas on this point can become a problem for some business visitors in the B-1 category.
5. Family Members
Unlike most other nonimmigrant categories, no derivative status is provided to family members of
principal B nonimmigrants. As a result, family members must independently qualify for[11] B status. For
example, a spouse of a B-1 business visitor may be able to qualify for B-2 status if accompanying or following
to join the B-1 spouse. The B-2 category has been utilized for family members of [12]nonimmigrants in other
categories who do not themselves qualify for derivative status provided all standards for B-2 classification are
satisfied.
6. Visa Waiver Program
Nationals (i.e., citizens) of 27 countries do not need to obtain B visas for business or tourist visits
to the United States of 90 days or less, provided certain conditions are met. The countries are Andorra,
Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (note that, under a different rule), visas are
not required for Canadian citizens, some Canadian permanent residents. The advantages of avoiding the
[13]visa-issuance process are many, including savings in time and the convenience of travelling on short notice.
The limitations placed on persons who participate in the visa waiver program (VWP) should be carefully
noted, however, because some of the limitations may make its use inappropriate for a particular national.
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1.3 November
Basic Information About The F Category Visa To USA (2012-11-12 08:29)
F Category Nonimmigrant Visa Process:[1]
1. General Requirements
Foreign nationals may enter the United States as nonimmigrant in order to engage in [2]academic
studies in this country, subject to certain restrictions. These students, who can range from elementary school
students to doctoral candidates and persons engaged in postdoctoral studies, are classified in the [3]F visa
category. Sec 101(a) (15) (F) of the INA, 8 U.S.C.A. Sec 1101(a) (15) (F).
Students in vocational or nonacademic programs at one time were included in the F category, but
since 1982 have been admitted only in the [4]M visa category. This category, with much greater limitations
than are placed on the F category, is not discussed here. Students in academic programs can also be admitted
11
12. to the U.S. in the J visa category for exchange visitors, if the school sponsors an exchange visitor program
recognized by the U.S. Department of State. Many schools have such programs. The [5]J visa category
has a major disadvantage for some students: if the program is funded in whole or in part by the student’s
government or the U.S. government, the student may be subject to a requirement that he or she return to
his or her home country for two years before being permitted to return permanently to the United States or
to return temporarily to work in the H or L [6]nonimmigrant categories.
As long as F-1 students are bonafide nonimmigrants, they can pursue their academic goals in the
U.S. without regard to the availability of similar training in their own country, and can remain here for many
years in order to complete a full academic program. They may even engage in a specific period of practical
training after completion of their studies as long as the training would not be available in their own country.
2. Duration of Stay
Unlike most other nonimmigrant who are given a definite period of stay in the United States, for-
eign students are permitted to remain in the U.S. for the ”[7]duration of status.” Duration of status means
that a student remains in valid status during enrollment in any number of academic programs (e.g., high
school followed by college followed by master’s degree), plus any periods of authorized practical training, and
a 60-day grace period to depart the U.S.
Several years ago, the [8]Immigration Service adopted rules that eliminated completely the exten-
sion of stay application for foreign students. Under the rules, the student remains in valid status as long as
he or she has not exceeded the estimated program completion date inserted by the designated school official
on the student’s Form I-20; that date, in turn, can be an estimate based on the time an average foreign
student would need to complete a similar program in the same discipline, and can include a grace period of
up to one year. If a student completes the program by the estimated completion date, he or she can advance
to the next academic level without requesting an extension from the USCIS, and remain in statement of
[9]student status.
Reinstatement requires that the student show that the violation of status was due to circumstances
beyond the student’s control or that the student would suffer ”extreme hardship” if he or she is not reinstated.
3. Application Process
The foreign national seeking to enter the United States to study does not need any advance per-
mission from the Immigration Service. The student must obtain a certificate of eligibility (Form I-20)
from the academic institution at which he or she will enroll, and submit this certificate, together with a
[10]nonimmigrant visa application and supporting documentation, to a U.S. consulate in the alien’s home
country. Once the visa is issued, the student can apply at the border for admission to the U.S., the same
as any nonimmigrant. A prospective student already in the U.S. in a different nonimmigrant status may
apply to the USCIS to change to student status to undertake studies here. Such changes are often viewed
skeptically by[11] immigration officers, however, based on their suspicion that the alien intended to engage in
studies when he or she entered the U.S. in the different category.
4. Special Conditions
Foreign students must be enrolled in a full course of study, not part-time studies (although a lim-
ited exception exists for certain border commuter students). They must also demonstrate prior to the
granting of a [12]visa that they have sufficient means of support to cover them through their full academic
program. Authorization to work because of financial need is granted to students in only the most limited
12
13. circumstances. Other limited employment opportunities are also available to students. Although the spouses
and family members of students may enter the U.S. with the principal student in the [13]F-2 visa category,
under no circumstances may they be granted permission to work. Unlike some students who enter in
an exchange-visitor program sponsored by their school (J-1 status), F-1 students are not subject to any
[14]special requirement to return to their home countries for two years prior to accepting employment here as
a nonimmigrant or prior to immigrating.
IIRIRA imposes special restrictions on the granting of F-1 status to attend public schools. Note
the following:
• An alien cannot be granted F-1 status in order to pursue a course of [15]study at a public elementary
school or in a publicly funded adult education program.
• An alien cannot be granted F-1 status to attend a public secondary school unless the alien reimburses
the school for the full, unsubsidized per capita cost of his or her education, and the alien intends to
remains at the school in such [16]status for no more than a year.
• An alien who obtains an[17] F-1 visa to attend a private elementary school, or a language training
program that is not publicly funded, may not transfer into a publicly funded elementary school, a
publicly funded adult education program, or a publicly funded adult education language training
program.
• An alien who obtains an F-1 visa to attend a private secondary school may not transfer into a publicly
funded secondary school unless the alien intends to remain at the school in such status for no more
than a year, and the alien reimburses the school for the full, unsubsidized per capita cost of his or her
education.
A [18]student who obtained F-1 status to attend a private school and transfers into a public school or a
publicly funded adult education program as prohibited by the new law is considered to be in violation of
status and is therefore subject to removal. In addition, such an alien is inadmissible until he or she has
remained outside of the United States for a continuous period of live years. These changes went into effect
on November 30, 1996.
5. Family Members of the F-1 Student
Family members of the foreign students may enter the U.S. in the [19]F-2 visa category. Eligible fam-
ily members include the spouse and minor children of the F-1 student. A minor is a person under 21 years of
age. Keep in mind that each family member must present a Certificate of Eligibility issued in his or her own
name under [20]new rules issued in December 2002. A new form is required for a dependent when there has
been any substantive change in the F-1 student’s current information.
Although the spouses and family members of students may enter the U.S. with the principal student
in the [21]F-2 visa category, under no circumstances may they be granted permission to work. The F-2 spouse
may not engage in full-time study, and the F-2 child may only engage in full time study if the student is in
an elementary or secondary school. [22]
The spouse may engage in study that is a vocational or recreational in nature. A failure to abide by these
restrictions may result in a finding of a violation of status and may lead to the dependent’s removal.
WANI & ASSOCIATES, P.C provides quality legal services in immigration, family law, bankruptcy etc. We
severe many locations. For More Information Call Now at Toll Free Number : 1-866-755-9264
13
15. F-1 Visa Category: Employment Option For Students (2012-11-27 10:00)
Student Visa Employment Information For F-1 Visa:[1]
Generally
While, for the most part, students may not engage in employment in the United States, in some instances
employment is permissible or can be authorized. [2]Students may engage in periods of pre-graduation practical
training or practical training upon completion of their educational programs, as long as the training in their
field of study. During a student’s [3]academic program, he or she may be authorized by the USCIS to [4]work
off’-campus because of unforeseen economic necessity.
Students may also engage in some types of on-campus and work/study employment, and may do so without
explicit authorization from the USCIS. Likewise, off-campus employment that is a part of a fellowship,
scholarship, or assistant-ship grant or postdoctoral research for which the student is paid by the school is
appropriate without USCIS authorization. Without an explicit [5]employment authorization document from
the USCIS, many employers unfamiliar with the rules on employment authorization may be reluctant to hire
these students. Designated school officials provide students with documentation in these cases: notations on
the student’s Form I-20 and letters to employers verifying the [6]student’s employment eligibility.
On-campus and work/study (curricular) employment permissible without explicit USCIS au-
thorization:
(A). On-campus employment
Two types of [7]on-campus employment are permissible for students without any type of authorization
from the USCIS:
1. On-campus employment that will not displace a [8]U.S. resident
2. On-campus employment pursuant to the terms of a scholarship, fellowship, assistantship, or postdoctoral
appointment
• In either case, the student must he pursuing a full course of study, hut can work full-time during vacation
or recess periods, as long as the student will be [9]registered for the coming term. Once the student’s
educational program is completed, he or she is not entitled to engage in on-campus employment without
authorization and can only work pursuant to a period of authorized practical training.
• With regard to employment that will not displace a [10]U.S. worker, the judgment on this issue is
basically left to the school, although the USCIS would be extremely sensitive to complaints, for example
15
16. from a labor union, that foreign students were being used in a position that is displacing U.S. workers.
The on-campus employment can be for a commercial firm providing on-campus services for [11]students,
such as in the school bookstore or cafeteria. On-campus employment cannot exceed 20 hours a week,
except during holidays and recesses.
• With regard to employment pursuant to the terms of a scholarship, fellowship, or assistantship, the
employment is considered to be a part of the student’s academic program, as is a postdoctoral research
appointment. This [12]work is considered to be ”on-campus” even if it is performed in a location not on
the school’s premises, as long as the location is ”educationally affiliated” to the school. Like other types
of on-campus employment, however, such employment cannot exceed 20 hours & week while school is
in session.
• On-campus employment may include employment at off-campus locations that are educationally affiliated
with the established curriculum and contract-based educational a nations. The [13]provision enables
graduate students to conduct research under the supervision of a professor who has a contract-based
research grant which is not payable through the educational institution.
Note two additional points regarding on-campus employment:
• In the case of a transfer, the student may only engage in on-campus employment at the school having
jurisdiction over the student’s SEVIS record (the transfer school has jurisdiction over the [14]student’s
SEVIS record on the ”release date” specified by the current school).
• Upon initial entry in F-1 status to begin a new course of [15]study, the student may not begin on-campus
employment more than 30 days prior to the actual start of classes.
(B). Curricular Practical Training
Some schools have alternate work/study courses as a part of the regular curriculum, either for all stu-
dents or for students in particular programs of study. A student may engage in off-campus employment that
is required by a work/study or [16]cooperative education program in which the student is enrolled, and may
do so without obtaining explicit USCIS authorization.
In addition, the Immigration Service has identified two other situations which will be con-
sidered curricular practical training:
• The student is given course credit for the employment, even when the course is an elective in the
student’s program, e.g. two credits for summer employment in the student’s major field. The course
must be described in the school’s catalog with course objectives clearly defined, and must be a regular
part of the [17]curriculum, with a faculty member assigned to oversee the course.
• The student is not given credit for the employment, but the internship or practicum is a mandatory
requirement for graduation. Again, the requirement should be included in the school’s catalog. This
provision permits F-1 students to participate in educational programs, such as hotel management,
nursing, [18]law, engineering, and teaching, which routinely require their students to undertake noncredit
internships.
• Some schools with long-standing relationships with particular employers have established programs
under which the school’s students may be hired for course credit by the employer. Other schools have
established course requirements for internships to meet the [19]Service guidelines.
16
17. • Students who receive one year or more of full-time curricular practical training curricular employment
is barred for foreign students during their first academic year in [20]student status, even if such early
curricular employment is normally required at the student’s school.
• A student may be authorized 12 months of practical training, and becomes eligible for another 12
months of [21]practical training when he or she changes to a higher educational level.
As noted, the student does not need USCIS approval to engage in curricular practical training. Instead,
a request for authorization for curricular practical training must be made to the designated school official.
Finally, the DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the student’s
commencement of employment. Keep in mind that Form I-538 is no longer required in these cases under new
rules issued in December 2002 because notice to the [22]Immigration Service is accomplished through SEVIS.
Off- campus employment authorized by the USCIS because of unforeseen economic neces-
sity.
For a student to be eligible for employment authorization because of unforeseen economic necessity, the
following requirements must be met:
1. The student must show that he or she needs to work because of ”[23]severe economic hardship caused
by unforeseen circumstances beyond the student’s control.” The rules highlight the following unforeseen
circumstances:
• Loss of financial aid or [24]on-campus employment without fault on the part of the student.
• Substantial fluctuations in the value of currency or exchange rate.
• Inordinate increases in tuition or living costs.
• Unexpected changes in the [25]Financial condition of the student’s source of support.
• Medical bills or other substantial and unexpected expenses.
• The student must show that suitable on-campus employment is unavailable.
2. The student must have completed one full academic year in [26]F-1 status.
3. The student must be in good academic standing as determined by his or her designated school offi-
cial and must be carrying a full course of study.
4. The student has demonstrated that acceptance of employment will not interfere with the student’s
carrying a full course of study.
5. The student must obtain a recommendation from the designated school official in favor of work au-
thorization.
6. The student must obtain an employment authorization [27]document from the USCIS.
7. The student may work no more than 20 hours per week when school is in session (full-time work is
permissible during vacation period).
17
18. 8. The [28]employment authorization is automatically terminated whenever the student fails to main-
tain status.
(A). Procedures to obtain work authorization because of unforeseen economic necessity:
The rules set out the following procedural steps for a [29]foreign student to obtain employment autho-
rization based on unexpected financial problems:
• The student must request a recommendation from the DSO for off-campus employment.
• The designated school official evaluates the request and makes a recommendation on it; actual em-
ployment authorization must be applied for with the USCIS based on the designated school official’s
recommendation. The designated school official evaluates the request to determine if
• The student has been in [30]F-1 status for one full academic year.
• The student is in good standing and is carrying a full course of study, as defined by the rules.
• The student has demonstrated that acceptance of employment will not interfere with the student’s
carrying a full course of [31]study.
• The student has demonstrated that the employment is necessary to avoid severe economic hardship
caused by unforeseen circumstances beyond the student’s control.
• The student has demonstrated that on-campus employment is unavailable or otherwise insufficient to
meet the unforeseen circumstances.
1. The designated school official completes the certification in [32]SEVIS. Form I-538 is no longer required
in these cases under the SEVIS rule issued in December 2002. The DSO endorses Form I-20 with the
recommendation and returns it to the student.
2. The student applies for employment authorization by mailing the application to the USCIS service
center with jurisdiction over his or her place of residence. Because the application must be mailed to the
service center, it must include photos, which will be included on the employment authorization document
(EAD) issued to the student. Therefore, the [33]checklist for the EAD application for students seeking
authorization based on unforeseen economic necessity includes:
• [34]Form I-765
• Form I-20, with the employment page demonstrating the DSO’s comments and certification
• Supporting documentation, including [35]affidavits regarding the severe economic necessity requiring
employment
• Copy of Form I-94 (front and back)
• Copy of the front and back of any previously issued Employment Authorization Document (EAD)
• Two (2) photographs full-face, passport-style, the same type used for an adjustment application.
• Filing of $175 payable by check or money order to the ”[36]Department of Homeland Security.”
18
19. 3. As an alternative to filing by mail, applicants are now able to electronically complete and submit Form
I-765 and the related links fee through links on the USCIS homepage (http://www.uscis.gov). When
completing the application electronically, users should note that an e-filing session wills ”timeout” after 15
minutes of inactivity. Therefore, it is recommended that users have relevant information at hand when they
complete the [37]application, including the following:
• Bank account information
• ”A” number (if applicable)
• Form I-94 number (if applicable)
• Most recent dates of entry and port of entry into the [38]United States.
4. The student may commence employment once the RAD has been issued; the student may not commence
employment until the USCIS issues an EDD to the student.
5. The EAD may be accepted by the employer for employment eligibility verification on Form I-9.
(B). Procedure to obtain renewal of authorization because of unforeseen economic necessity:
Employment authorization based on unforeseen economic necessity may he granted in one-year intervals up
to the expected date of completion of the student’s course of study. To renew the employment authorization,
the student must submit the following to the [39]USCIS service center with jurisdiction over his her place of
residence:
• Form I-765
• Form I-20, with the designated school officials endorsement recommending employment
• Copy of Form I-94 (front and back)
• Copy of the front and back of the previously issued Employment Authorization Document (FAD)
• Two (2) photographs (full-face, passport-style, the same type used for the adjustment application,
• Filing fee of $175 payable by check or money order to the ”Department of Homeland Security”
The [40]student’s I-20 should be endorsed to reflect that the student is maintaining status and is in good
academic standing. There is no provision for back-dating a new RAD to the expiration date of a prior EAD.
As a result, F-1 students must ensure that they apply for replacement EADs sufficiently in advance of the
expiration date contained in any current EAD to avoid a lapse in [41]employment authorization.
WANI & ASSOCIATES, P.C Attorneys and Counselors at Law provide wide variety of immigration services
in the states of Maryland and Virginia as well as District of Columbia. We have three offices conveniently
located in Virginia (Falls Church and Woodbridge) and Maryland (Langley Park). For More Information
Call Now At: [42]1-866-755-9264
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19
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1.4 December
How to get a Practical Training For USA Student Visa? (2012-12-24 10:30)
Curricular And Optional Practical Training For F-1 Students:[1]
Generally
Foreign students who enter the U.S. as [2]bonafide students qualified to pursue a full course of study
may undertake [3]practical training. A period of practical training must serve a legitimate purpose. For
example, it cannot be used by a U.S. employer to train a foreign national for a permanent position in the
United States. It can be used, however, to train a recent graduate for placement with a company office
abroad, as a trial period to assess the alien’s skills, or for any reason other than [4]permanent placement in
the U.S.
There are two types of permissible pre-graduation practical training directly related to the student’s major
area of [5]study, and two types of permissible post graduation practical training:
Pre-Graduation Practical Training is Permissible-
• During the[6] student’s annual vacation and at other times when school is not in session, if the student
is attending a college, university, seminary, or conservatory and is eligible to register for the next term
or semester (and intends to do so), or
21
22. • During the school year, provided that [7]employment does not exceed 20 hours per week while school is
in session.
Post Completion Practical Training is Permissible-
• When the student is in a bachelor’s, master’s, or doctoral program and has completed all [8] course
requirements for the degree (excluding a thesis or its equivalent), or
• When the student has completed his or her course of study.
Collectively, these forms of practical training are referred to as ”optional” practical training. All [9]optional
practical training must be completed within a 14-month period following the completion of study. Optional
practical training is additional to ”[10]curricular” practical training available to foreign students attending
schools offering such curricular programs.
Key Features of Optional Practical Training
Note the following key features of the optional practical training work program:
• A student is eligible for optional practical training for a total period of 12 months per educational level.
Time spent in [11]pre-graduation practical training is subtracted from the overall 12-month ceiling
on all optional practical training, and therefore may limit the availability to the student of further
pre-graduation practical training or post graduation practical training.
• A student becomes eligible for another 12 months of practical training when he or she changes to a
[12]higher educational level. For example, a student may request 12 months of practical training after
completion of a bachelor’s degree and another 12 months after completion of a Ph. D. degree.
• If a student leaves the [13]United States for more than five months before returning and resumes studies
here in a new course of study in [14]F-1 status, he or she is considered to be undertaking a new period
of stay, and is eligible for an entirely new 12-month period of optional practical training.
• If the student departs for a shorter period, however, no additional period of practical training is accorded
to the student.
• A [15]student may not participate in any optional practical training if he or she has spent 12 months or
more working full-time in a curricular practical training program, If the student has taken less than 12
months of full-time curricular practical training, however, the student is eligible for the full one-year
period of [16]optional practical training.
• Time spent in curricular practical training is not subtracted from the overall 12-month ceiling on
optional practical training.
• Students in language training programs are not [17]authorized to receive optional practical training.
• The practical training must be in a position that is directly related to the student’s major area of study.
• A student must have been in F-1 status for at least one full [18]academic
With regard to post completion practical training, continued enrollment, for the school’s [19]administrative
purposes, after all requirements for the degree have been met this does not preclude eligibility for optional
practical completion of all course requirements for the degree or prior to the completion of the course of study.
22
23. • The student may not begin optional practical training until the date indicated on his or her [20]employ-
ment authorization document.
• A student may submit an [21]application for authorization to engage in optional practical training up
to 90 days prior to being enrolled for one full academic year, provided that the period of employment
will not begin until after the completion of the full academic year as indicated by the DSO.
• Authorization to engage in optional practical training employment is automatically terminated when
the [22]student transfers to another school or begins study at another educational level.
• While engaging in full-time [23]post graduation practical training, a student may attend school part-time.
On the other hand, a student may not engage in part-time practical training after completion of studies
and attend school part-time, because maintenance of [24]student status is contingent on pursuing a full
course of study or engaging in full-time practical training.
• For the same reason, a student cannot engage in full-time post graduation practical training while also
attending school full-time.
• The [25]Service does not allow recapture of unused periods of optional practical training once employment
begins.
Procedures to Obtain Optional Practical Training
The [26]USCIS rules set out the following procedural steps for a foreign student to obtain optional practical
training:
• The student must request a recommendation from the DSO for practical training.
• A student may request optional practical training up to 90 days prior to completing one full [27]academic
year, provided that the period of employment will not begin until after the completion of the full academic
year as indicated by the DSO.
• Permitting students to apply for practical training well before completing one full academic year is
important because pre graduation practical training is usually short in duration (three months or less)
and a student may not engage in practical training until an EDD is issued.
• The [28]USCIS service center may take 90 days to issue an EDD. Allowing students to make an early
application should help to avoid any problems caused by a delay in USCIS processing.
• With regard to post completion practical training, optional practical training must be requested prior
to the completion of all course requirements for the degree or prior to the completion of the course of
[29]study.
• In these cases, the student should be aware that the EDD will be issued only up to a date no later than
14 months after the completion of studies; if the EDD is not issued until more than two months after
completion of studies, the student may not be issued a full 12-month period of practical training even if
he or she had not previously used any period of optional [30]practical training.
• D student seeking a 12-month period of post graduation practical training, therefore, should try to
obtain a placement well before he or she graduates and apply for the EDD as early as possible; by doing
so, he or she will avoid forfeiting any time because of delays in [31]USCIS processing.
23
24. • For practical training following completion of studies, the EDD will be valid from the date the EDD
is issued or the date the student completes his or her studies, whichever is later. Once the student is
issued an EDD and he or she begins the training, however, there is no way of recapturing any unused
portion of practical training authorized by the Service as reflected in the EDD.
• The designated school official completes the certification in SEVIS. Form I-538 is no longer required in
these cases under the [32]SEVIS rule issued in December 2002. The DSO will then print the employment
page of the student’s Form 1-20, and sign and date the form to indicate that optional practical training
has been recommended.
The student applies for [33]employment authorization by mailing the application to the USCIS service center
with jurisdiction over his or her place of [34]residence. The application includes the following:
1. Form 1-765
2. Form 1-20, with the employment page demonstrating the DSO’s comments and certifica-
tion
3. Copy of Form 1-94 (front and back)
4. Copy of the front and back of any previously issued Employment Authorization Document
(EAD)
5. Two photographs (full-face, passport-style, the same type used for the adjustment appli-
cation)
6. Filing fee of $175 payable by check or money order to the ”Department of Homeland
Security.”
• The EAD may be sent to the student directly from the [35]service center, or it may be forwarded to
the nearest USCIS district office, where the student will be notified to pick it up in person.
• If Form I-765 is not adjudicated by the service center within 90 days of receipt, the student may go
to the local [36]USCIS district office with proof of identity and all communications from the USCIS
service center (including the ling receipt on Form I-797C), and an [37]interim FAD will be issued valid
for 240 days or until the application is adjudicated by the service center.
• Form I-765 is illustrated and annotated as Sample Form 2-6. That annotation covers the use of the form
for practical training [38]applications, as well as applications based on unforeseen economic necessity.
• As an alternative to filing by mail, applicants are now able to electronically complete and submit Form
1-765 and the related filing fee through links on the USCIS homepage (http://www.uscis.gov).When
completing the application electronically, users should note that an e-filing session will ”timeout” after
15 minutes of inactivity.
• Apart from submitting the supporting [39]documents to the USCIS office, the applicant will be instructed
(on the confirmation receipt notice), to call the USCIS National Customer Service Center (at 1-800-
375-5283) to schedule an [40]appointment with a local Application Support Center (ASC). The ASC
will collect a digital photograph, signature, and fingerprints from the applicant.
• Once the application is approved, the EDD (in I-765 cases) will he sent to the applicant by mail. With
regard to pre-graduation practical training, the EDD will be issued for the full period of recommended
practical training-usually three months for a summer [41]employment assignment.
24
25. • Part-time pre-graduation practical training is indicated on the I-20 as endorsed by the designated school
official; the EAD will not reflect part-time employment authorization.
• With regard to post graduation practical training, the EDD will likely be issued for the full period of
recommended practical training (12 months if the [42]student did not engage in any pre-graduation
practical training), unless the EDD is not issued until more than two months after completion of studies;
employment authorization may be issued only up to the period ending no later than 14 months after
the completion of studies.
• The EDD may be accepted by the employer for employment eligibility verification on Form I-”9. If
the student travels abroad, and has a valid [43]visa for return to the United States, he or she will be
admitted with the unexpired EAD, even though he or she does not have Form I-20 ID Copy
Procedure to Obtain a Continuation of Optional Practical Training
• Students who wish to continue in a pre-graduation practical training program may apply for further
authorization under the procedures outlined above provided he or she has not met the 12-month ceiling
on optional practical training and the student has not engaged in 12 months of full-time [44]curricular
practical training.
• With regard to post graduation practical training, foreign students do not need to file an application
to continue practical training if the full 12 months is granted initially, which is permissible under the
rules. Once the student is issued a 12-month EDD and he or she begins the training, there is no way
of recapturing any unused portion of practical training. If the student plans to transfer into a higher
educational level, however, he or she is eligible for another 12-month period of practical training.
Visa Issuance and Travel for a Student Granted Practical Training
A student who is applying for permission to accept practical training will already have a valid F-1 visa
stamped in his or her passport. The [45]F-1 visa is obtained prior to entering the U.S. by submitting the
prepared [46]visa application to the U.S. consulate.
Some students, however, may have an expired visa for one of two reasons:
• The student’s visa was originally issued with a validity date based on his or her projected period of
study in the U.S.
• The student comes from a country for which the period of visa validity is limited on the basis of
reciprocity.
• Students who are seeking to renew their [47]F-1 nonimmigrant visas in order to continue in a program
of optional practical training after completion of classes must also present a Form I-20 Certificate
of Eligibility that is properly annotated by the designated school official, according to recent State
Department guidance issued in January 2004. If the form is not properly annotated, the visa application
will be denied.
• The January 2004 guidance reminds consular officers that they must review the Form I-20 when
adjudicating [48]student visa applications for individuals seeking to continue in a program of optional
practical training after classes. Specifically, the third page of the I-20 form must be properly annotated
by the DSO before the visa application may be approved.
25
26. • [49]SEVIS records should also reflect the DSO’s recommendation for optional practical training, with a
new, separate entry in the SEVIS database indicating the optional practical training program. If such
an entry has not been made, consular officers are instructed not to issue the F-1 visa. In these cases,
students should contact their DSO’s to ensure that their SEVIS records have been updated.
Travel and Readmission during Optional Practical Training: In a related matter, the ICE has re-
cently changed its policies concerning travel during optional practical training. The new policy permits
[50]F-1 and J-1 with approved practical training to depart and reenter the United States only if they obtained
a job or job offer before departure. If the foreign national has an approved practical training but departs the
United States before he or she gets a job or job offer, the [51]practical training ends and the foreign national
cannot reenter. If the foreign national has a job or job offer, he or she may travel and reenter the United
States to resume work at the same job. If the foreign national has not yet begun the job, he or she should
carry a job offer letter from the [52]employer.
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an
accredited college, university, seminary, conservatory, academic high school, elementary school, or other
academic institution or in a language training program. You must be enrolled in a program or course of study
that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government
to accept international students.If you are a potential immigrant or are already in the United States, an
immigration lawyer Fairfax can help you find successful answers to many of the legal issues that foreign
citizens face. Please contact Wani & Associates for a free consultation. We can be reached by telephone, fax,
or by filling out the client intake form. Call Now at: [53]1-866-755-9264
[54]http://www.wanilaw.com/
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26
28. Basic Information About The J-1 Category Visa To USA (2012-12-29 10:24)
J-1 Category Non Immigrant Visa Process:[1]
1. General Requirements
The[2] J-1 visa category is used by [3]foreign students, scholars, experts, medical interns and residents,
“International Visitors,” and industrial and business trainees to enter the United States as ”exchange visitors,”
in U.S. government approved Exchange-Visitor Programs, for the purpose of gaining experience, studying,
or doing research in their respective fields. This article presents the information needed to understand how
the[4] J-1 visa category can be used to bring aliens to the United States.
2. Duration of stay
Note the following:
• Students: Secondary school students may be admitted for a one-year period. College and university
students may be admitted for the anticipated length of their [5]academic program. [6]Students in degree
programs below the doctoral level may also engage in 18 months of training after completion of their
degree programs. Post-doctoral training is permissible for a period of 36 months following conferral of
the degree. Non-degree college university students are admissible for a two-year period.
• Short-Term Scholars: This new [7]category permits entries for a six-month period, with no extensions
allowed. Note that the usual three-week minimum stay requirement is waived for this category.
• Trainees: [8]Business trainees may be admitted to the United States for an 18-month period. Trainees
in flight training programs may receive a 24-month period of stay.
• Teachers: Primary and secondary school teachers may he admitted for a three-year period.
• College and University Professors and Research Scholars: Responding to concerns from the
university community, a State Department rule, finalized in May 2005, increases the maximum [9]du-
ration of exchange program participation for professors and research scholars from three years to five
years, measured from the program begin date (or initial program begin date for continuing exchange
visitors) as documented in [10]SEVIS and ending five calendar years later. During the five-year period,
the program participant will be permitted an unlimited number of departures from and reentries to the
United States, provided that he or she is in good standing in the exchange program.
• Specialists: This new category [11]permits periods of stay up to one year.
28
29. • Foreign Medical Graduates: Foreign doctors participating in U.S, internships and [12]residencies
may be admitted for the length of their program, with a usual maximum of seven years. Additional
time may be conferred, however, under complex agency rules.
• Summer Student Work/ Travel Programs: Agency [13]rules do not specify a maximum [14]periods
of stay, but presumably the four month period applicable to other summer programs applies as well to
this category.
a) Au Pairs: Participation in the [15]au pair programs is limited to one year.
b) International Visitors: One-year maximum period of stay.
c) Government Visitors: 18-month maximum period of stay.
• Camp Counselors: This program has a four-month limit on stay.
Under the exchange visitor rules, extensions beyond the usual program maximum may be authorized by the
DOS when adequate justification is given. [16]Experience shows that such extensions are rarely granted.
3. Application Process
The U.S. Sponsor must proceed through an [17]Exchange-Visitor Program designated by the State
Department. Sponsors may:
1) Proceed through already-established programs within their own organizations
2) Bring [18]J visa holders to the U.S. through another organization’s program, provided the eligi-
bility requirements of that organization are met
3) Establish their own exchange-visitor program by applying to the DOS
The [19]sponsor of an Exchange-Visitor Program is empowered by the DOS to issue a Certificate of
Eligibility for each exchange visitor. DOS approval for each exchange visitor is not required. Once the
[20]Certificate of Eligibility is issued, the exchange alien must take the certificate to a U.S. consulate to apply
for issuance of a J-1 visa. The consulate will use an electronic system (SEVIS) to verify the data on the
Certificate of Eligibility and to inform DHS that a J-1 visa was issued.
4. Special Limitations:
Two-Year Foreign Residence Requirement: Requirement is imposed on some categories of exchange
aliens once their U.S. stay is completed. Any J-1 exchange visitor subject to the foreign residence requirement
is ineligible for permanent residence or [21]nonimmigrant visas in the [22]H or L category until he or she
spends two years-after completion of stay-in his or her home country or country of last residence. Some
[23]waivers of the requirement are available in special cases.
The issues of who is subject to the requirement and how to obtain a waiver of it are complex ones.
Nevertheless, the foreign residence requirement is an important consideration in determining whether to use
the[24] J visa category, because the options for placement of an alien who is subject to the requirement after
completion of training are limited.
29
30. Bar on participation as professor or scholar for previous J-1 visa holders: A rule issued
in April 1996 and amended in May 2005 bars program participation as a professor or research scholar for
aliens who have been physically present in the United States as an [25]F-1 student or J-1 exchange visitor
for all or part of the one-year period immediately preceding the commencement of such participation as set
forth in the Certificate of Eligibility. The May 2005 rule clarifies that the one-year bar applies to spouses
and dependents as well as principal non immigrants. This bar was established to prevent the movement of
[26]J-1 students into the professor and research scholar category, and to prevent aliens who had completed
a three-year period of [27]J-1 status as a professor or research scholar from leaving the United States and
reentering in a ”new” research or professor program for an additional three years. As revised by a final rule
issued in June 1996, this one-year bar does not apply to exchange visitors:
1) Who participated in a exchange visitor program for six months or less?
2) Whose previous J-l stay was in the short-term scholar category?
3) Who is transferring to the sponsor’s program?
Bar on participation in consecutive training programs: In an October 2003 notice to ex-
change program sponsors, the State Department affirmed that foreign nationals may not participate in more
than one single [28]business or industrial [29]J-1 training program. The notice was issued because the State
Department was made aware that some program sponsors were requesting that trainees who had already
participated in an exchange program be admitted for participation in a second training program.
”Exceptional extensions” beyond the maximum [30]duration of the sponsor’s program are available
where authorized by the State Department. For example, if the exchange program sponsor has been
authorized to administer a 12-month J-1 training program and the visitor is issued a DS-2019 for a one-time
12-month program, the visitor’s stay may be extended past the [31]authorized 12 months if the program
sponsor applies for and receives the State Department’s approval of the extension.
5. Family Members of the J-1 Exchange Visitor
Family members of the exchange alien enter the U.S. in the [32]J-2 visa category. Eligible family
members include the [33]spouse and minor children of the J-1 exchange visitor. A minor is a person under 21
years of age. Keep in mind that each family member must present a Certificate of Eligibility issued in his or
her own name.
The spouse and minor children can accept employment with USCIS authorization, but only if their
compensation will be used for their own support, not to support the principal alien. The[34] J-2 alien applies
for employment authorization by mailing Form I-765, to the [35]USCIS service center with jurisdiction of
his or her [36]U.S. residence. Form I-765 is illustrated as Sample Form 2-6 (c) of this Handbook. But the
J-2 alien must demonstrate that the employment is not required for the support of the J-1 principal alien;
therefore, evidence of the salary paid to the [37]J-1 alien or the existence of sufficient means of support for
that alien is required.
RAD applicants must also submit:
1) Two full-face, passport-style photographs
2) The filling fee of $175 payable by check or money order to the ”Development of Homeland Secu-
30
31. rity”
[38]Employment authorization, once received, is valid for employment with any employer, but lim-
ited to the period stated on the employment authorization document (EAD). The EAD will be issued for the
authorized period of stay, whichever is shorter; it can be renewed upon expiration. Current USCIS guidelines
direct [39]service centers to adjudicate I-765 applications within 75 days. Under current regulations, if the
USCIS has not completed action on the [40]application within the 90-day period after the filing of the
application, it must grant an interim period of employment authorization for 240 days.
Update: USCIS Now Requires Passport-Style Photos: On September 1, 2004, the USCIS
officially adopted the Department of State’s photograph standard for all new applications and petitions
filed with the agency. This [41]new policy requires the submission of full-face, passport -style photographs
rather than the three quarter profile. ADIT- style photographs that were previously accepted by the agency.
Further [42]information regarding passport-style photograph guidelines can be found in the Handbook.
If you have any questions, our office in Wani & Associates will be happy to help you explain the
J1 Visa program requirements. Please feel free to Contact Now: [43]1-866-755-9264 .For more detailed
information then come our website: [44]http://www.wanilaw.com/
1. http://wanilaw.wordpress.com/2012/12/29/basic-information-about-the-j-1-category-visa-to-usa/
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2. http://www.wanilaw.com/
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15. http://www.wanilaw.com/lawyer-attorney-application-for-non-immigrant-visa-us.aspx
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22. http://www.wanilaw.com/
31
33. Chapter 2
2013
2.1 January
Basic Requirements For Obtaining J-1 Status (2013-01-14 11:21)
Types of Exchange Programs For J-1 Visa:[1]
To enter the U.S., the alien must have plans to participate in a designated Exchange-Visitor Program.
An [2]Exchange-Visitor Program may be sponsored by a government agency, educational institution, hospital,
nonprofit association, business, or industrial concern. A group can sponsor its own Exchange-Visitor Program
or it may bring aliens to the U.S. for [3]training under an already-established program. [4]Authority to
approve or deny designation as an Exchange-Visitor Program rests with the State Department’s Bureau of
Educational and Cultural Affairs.
List of Types of Exchange Programs
Participation in an [5]exchange visitor program is limited to persons who will he engaged in one of the
following activities in the United States:
1. Students: This category includes persons who:
• It will study in the United States and pursue a full course of study at a secondary accredited educational
institution, pursue a full course of [6]study leading to the award of a U.S. degree from a post secondary
33
34. accredited educational institution, or pursue a full-time course of study of up to 24 months duration
conducted by a post secondary accredited educational institution or an institute approved by the post
secondary accredited educational institution where the [7]student is to be enrolled upon completion of
the non degree program;
• It will engage in [8]academic training as permitted under the State Department rules.
• It will engage in English language training at a post secondary accredited educational institution, or
an institute approved by the post secondary accredited [9]educational institution where the college or
university student is to be enrolled upon completion of the language training.
1. Short-Term Scholar: This category includes a professor, research scholar, or person with similar
education or accomplishments coming to the United States on a short-term visit for the purpose of
lecturing, observing, [10]consulting, training, or demonstrating special skills at research institutions,
museums, libraries, post secondary accredited educational institutions, or similar types of institutions.
2. Trainee: This [11]category covers individuals who will participate in a structured training program
conducted by the selecting sponsor.
3. Teacher: This program category includes individuals teaching full-time in a primary or secondary
accredited educational institution.
4. Professor: This category covers persons primarily teaching, lecturing, observing, or [12]consulting at
post secondary accredited educational institutions, museums, libraries, or similar types of institutions.
A professor may also conduct research, unless disallowed by the sponsor.
5. Research Scholar: This category includes persons primarily conducting research, observing, or
consulting in connection with a research project at research institutions, corporate research [13]facilities,
museums, libraries, post secondary accredited educational institutions, or similar types of institutions.
The research scholar may also teach or lecture, unless disallowed by the sponsor.
6. Specialist:This category covers persons who are experts in a field of specialized knowledge or skill
coming to the [14]United States for observing, consulting, or demonstrating special skills.
7. Other Person of Similar Description: The programs designated by the Department of State in
this category consist of the following:
• International visitors (including persons who are [15]recognized or potential leaders, selected by the
Department of State for consultation, observation, research, training, or demonstration of special skills
in the United States).
• Government visitors (including persons who are influential or distinguished, selected by a U.S. federal,
state, or local [16]government agency for consultation, observation, training, or demonstration of special
skills in the United States)
• Camp counselors (including individuals selected to be counselors in a summer camp in the United
States who impart skills to American campers and [17]information about their countries or culture).
Certain categories of exchange visitors must spend an aggregate of two years following comple-
tion of their U.S. training program in the country of their nationality or last legal residence:
Aliens subject to this requirement are those who have participated in Exchange-visitor Programs.
34
35. • Whose programs have been financed in whole or in part by their governments or by the [18]U.S.
government?
• Who are nationals of countries that the DOS has determined clearly require the skills and [19]services
of people with the aliens’ special training?
• Who are receiving graduate medical training in the U.S.? (Interns and Residents).
The requirement is that such aliens must, absent a waiver, return to the country of their nationality or last
[20]residence for an aggregate period of two years following completion of their U.S. training, before being
able to return to the U.S. in the H or L non immigrant categories, or as a [21]permanent resident.
The alien must maintain a foreign residence which he or she has no intention of abandon-
ing:
The alien’s intent to enter the U.S. for a temporary period of time is judged independently from the
sponsor’s intent not to keep the alien permanently in the United States. It is therefore necessary for the alien
to maintain his or her [22]foreign residence as evidence of an intention to return abroad.
If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visa
program requirements. Please feel free to Contact Now: [23]1-866-755-9264 .For more detailed information
then come our website: [24]http://www.wanilaw.com/
1. http://wanilaw.files.wordpress.com/2013/01/j-1-visa.jpg
2. http://www.wanilaw.com/
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4. http://www.wanilaw.com/Attorney-lawyer-for-filling-bankruptcy-va-dc-md-us.aspx
5. http://www.wanilaw.com/Legal-expertise-Immigration-Bankruptcy-Family-Law-Experienced-Attorney.aspx
6. http://www.wanilaw.com/attorney-lawyer-for-filling-bankruptcy-va-dc-md-us.aspx
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10. http://www.wanilaw.com/
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11. http://www.wanilaw.com/Professional-legal-affiliations.aspx
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14. http://www.wanilaw.com/Legal-expertise-Immigration-Bankruptcy-Family-Law-Experienced-Attorney.aspx
15. http://www.wanilaw.com/lawyers-attorney-law-firms-solicitors-for-family-law-in-va-dc-md.aspx
16. http://www.wanilaw.com/attorney-lawyer-in-va-dc-md-apply-for-investors-visa-us.aspx
17. http://www.wanilaw.com/Attorney-lawyer-for-filling-bankruptcy-va-dc-md-us.aspx
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35
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Basic Information About The H-2B Category Visa To USA (2013-01-16 06:07)
H-2B Category Non Immigrant Visa Process:[1]
1. General Requirements
The [2]H-2B visa category is used by U.S. companies temporarily to employ skilled or unskilled foreign
nationals in non-agricultural positions for which the employer has a temporary need and for which qualified
U.S. workers are unavailable. The company must intend to employ the foreign nationals for a [3]temporary
period and the employer’s need for the skills possessed by the [4]foreign nationals must also be temporary. In
addition, the employer must seek a ”labor certification” from the U.S. Department of Labor (DOL) certifying
that:
• The foreign national is not displacing a qualified unemployed U.S. worker in the region of proposed
[5]employment
• The proposed employment does not adversely affect the [6]working conditions of U.S.
The temporariness of the employer’s need for the alien’s skills, and not just the temporariness of the employer’s
need for the particular alien, is the crucial element of the H-2B category. This element differentiates it from
the [7]H-1 category, in which the employer’s need for someone with the alien’s skills can be [8]permanent,
even though the employer intends to hire the [9]alien temporarily.
Later in the year, however, Congress enacted legislation that effectively increases the number of [10]H-
2B workers available to U.S. employers by exempting from the cap workers who have worked in the U.S.
under the H-2B visa program in any one of the past three fiscal years and who are returning to the United
States to take up temporary employment in FY 2005 or FY 2006. The [11]USCIS announced in May 2005
that, as required under the new law, the agency will begin to accept additional petitions for H-2B workers as
of May 25, 2005. Further information regarding these developments is included.
• Laborer, Landscape-14,236
36
37. • Forest Worker-9699
• Tree Planter-6793
• Cleaner, Housekeeping-5324
• Crabmeat Processor-3250
• Stable Attendant-2704
• Kitchen Helper-2358
• Sports Instructor-1899
• Groundskeeper, Industrial Commercial-1711
• Lawn Service Worker-1418
• Housecleaner-1151
• Dining Room Attendant-988
• Fast Foods Worker-987
• Construction Worker II-979
• Line Erector-857
• Bricklayer-681
• Amusement Park Worker-565
• Material Handler-562
• Cannery Worker-542
• Horticultural Worker II-530
• Shellfish Shucker-515
• Knock Up Assembler-500
No other [12]occupation had more than 500 positions certified. These occupational titles come from the DOL’s
Dictionary of Occupational Titles (DOT). These occupations accounted for 75 % of the H-2B certifications
issued. These statistics show that the most commonly certified positions in the [13]H-2B category involve
various types of outdoor work or work at resorts for which employers often have a seasonal need.
2. Duration of Stay:
The initial period of stay granted to the alien admitted to the U.S. in H-2B status is governed by the
period of time that his or her temporary [14]services are needed. This period must be reasonable in terms of
the duties to be performed and cannot extend beyond an initial period of one year. Extensions of stay in
increments of one year are possible, but the alien employee cannot be continuously [15]employed in the U.S.
for more than three years. The DOL has indicated its view that an employer’s temporary need for job skills
will usually be for a period of 12 months or less, with more extended needs occurring only in extraordinary
circumstances. Although this view is not controlling on whether a full three years will eventually be granted
to an H-2B worker, it must be taken into account in preparing an H-2B case.
37
