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Applying for a US tourist or visitor visa allows a foreign national to temporarily travel to the USA either for the purposes of tourism, or to visit family and friends.
As examples of the wide variety of non-immigrant USA visas, the B2 tourist/visitor visa is not intended as a route to gaining lawful permanent residence in the USA through a Permanent Resident Card or US Green Card as it more commonly known.
In America, visas of this class are also referred to as "visitor for pleasure" visas, although in practice this visa service covers people entering the country for health reasons, visiting relatives, and to participate in short study courses as well as those entering as tourists.
B-2 visas are typically granted for a period of 1 to 10 years, during which time the bearer is permitted to make multiple entries into the United States in order to pursue approved B2 visa activities (tourism, visiting family or friends, health reasons etc.).
Each visit to the United States will be limited to a duration not exceeding six months and B2 visa holders are not entitled to employment rights. In some cases this length of stay may be extended by an additional six months however in both classes, candidates must be able to demonstrate that their visit to the USA is intended as a temporary one.
An applicant’s visitation duration period on a given visit is determined by the Customs and Border Patrol (CBP) officer at a U.S. port of entry and is dictated by a stamp on the applicant’s I-94 card. An applicant is required to depart the U.S. by the date mandated on the I-94 card.
When applications are assessed considerable attention is paid to demonstrable evidence that the applicant has no intention of giving up their residence in their home country and that they have the intention and the means to support themselves during their stay and to leave before or upon the expiry of their US visa.
An applicant's intention to continue residing in their home country can be supported by evidence of family ties, property ownership, employment or any evidence which suggests that an applicant is irrevocably linked to their own country.
The USA Visa Waiver Program allows nationals of participating countries to enter the United States for a period of up to ninety days without a visa, if they are in possession of a machine-readable passport and a non-refundable return ticket or a ticket to a subsequent destination, with the exception of Canada.
Applicants entering the county through the Waiver program are subject to the same restrictions as those entering on a visitor visa. At present, the following countries participate in the program.
Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Estonia, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
Please note that since January 12, 2009, all nationals and citizens of Visa Waiver Program (VWP) countries - including the UK - are required by law to obtain a travel authorization prior to travelling to the United States under the VWP. Travellers can register for authorization online through ESTA, a free Internet application administered by the Department of Homeland Security (DHS) through a U.S. government Web site.
Spouse immigration and Dependent Immigration
In USA, B2 visas are not regarded as potential routes to permanent residency or US citizenship; they are specifically designed for temporary visits to fulfil a pre-determined purpose.
Spouses and dependents cannot obtain a "Dependant Visa" to accompany the principle holder, but they may be able to secure their own B2 visas in order to do so. In cases where a B2 holder's dependents are applying to join the principle, they must qualify for and obtain their own grant.
US Student Visas
Applying for a US visa to study in America can offer a wealth of opportunities to those wishing to immigrate to the US on a temporary basis in order to undertake a course of academic study.
Candidates may study in the USA with an F-1 if they are embarking upon academic courses of study at the primary, secondary, or university level. Students enrolled in English language courses within the United States may also apply for F-1 visas.
Navigating the complex range of US visas for immigration can be a time-consuming process. Whether a candidate is applying for a short term B1 business visa or a B2 tourist visa, or for a longer-term immigration service with a view to obtaining a USA Green Card, a broad range of visa services are available.
With a branch office located in the US, World Visas can help you to determine which American immigration service is the most appropriate for your relocation to America. Visa applications can be monitored throughout the process and our immigration consultants can offer US immigration legal advice to ensure that you obtain the right American visa for you.
US study permits are without exception non-immigrant visas and will not lead to a Permanent Resident Card for lawful permanent residence in the USA, or as it is more commonly known a US Green Card. However, there are several benefits for those wishing to study in the US.
In particular, F1 visas allow candidates to work in the USA during their course so long as the work is based on campus. In some cases where unforeseen circumstances lead to hardship, off campus work may also be permitted. In America, F1 visas allow candidates to freely enter and leave the United States throughout the duration of their grant and in addition, dependents may enter the country with the principle applicant and remain for the entirety of their course of study.
Before applying for an F-1 student visa, applicants must be accepted into a course of study at a recognized US educational institution and be able to provide documentation indicating their enrolment status.
It will also be necessary to provide other documentation including a valid passport, photograph, and an affidavit of financial support. Applicants must demonstrate adequate English language ability, and crucially, candidates must prove that they intend to return to their home country upon completion of their course and expiry of their US study visas.
This may be assisted through the inclusion of documentation which demonstrates ties to the home country, for example family ties through a marriage certificate, employment obligations through a contract or evidence of prior temporary trips to the USA.
In addition, candidates applying for an F1 visa must be able to demonstrate:
F-1 visas are normally granted for the duration of the course of study; however, candidates may remain in the country for up to 60 days after the course is completed.
Whilst student visas for the USA are not intended as routes to permanent settlement, in most cases they will result in the applicant being in the country for a lengthy period. As a result, applicants immigrating to America through all classes of student permit may bring their spouse and/or dependents with them.
In the case of F visa holders, dependents are granted a US F-2 visa, allowing them to remain in the country for the same duration as the principal applicant and to study if they wish, although employment is not permitted.
H1 B Work Visas
The USA H1B visa service allows an employer in the United States to employ foreign workers in speciality occupations for a period of up to six years.
A US H1B visa application functions much like a UK work permit application, in that the process is employer led and begins with an offer of employment from a United States based company.
When immigrating to the United States, in all cases a pre-arranged job offer and employer who is willing to undergo the complex petitioning process is essential. Further, the H1-B beneficiary must possess the requisite educational and/or work experience requirements related to their proposed position in the US to meet the ‘specialty occupation’ as described below.
The H1B visa for the USA is regarded as a non-immigrant visa and as such is not intended as a route to settled status in the USA. However, US employers may decide to sponsor a foreign beneficiary for a green card by undertaking a labor certification process and filing a petition with USCIS.
H1B visas for immigration to the United States are initially granted for three years which may be extended for another three years up to six years maximum. Please note that there are ways to have one’s H1B status extended beyond the six years, but you should consult with our US branch office for more information.
Much like UK work permits, H1-B visas for the US, depend upon an employer petitioning on behalf of a candidate, and candidates cannot initiate the process of application themselves. Applications for USA visas of this class depend on a guaranteed offer of permanent full time employment from a US based employer. However, the candidate in question must also satisfy a range of criteria.
The US H1B visa class is aimed at potential employees who will be immigrating to the USA in order to undertake employment in a "specialty occupation", i.e. a job that requires a significant deal of specialist knowledge and skills evidenced by the attainment of a US equivalent Bachelor's Degree. As a result, candidates are expected to have either:
Furthermore, there is a quota or limited amount of H1B visas allotted in a fiscal year. April 1st is the first day that H1B applications are accepted by USCIS. As such, it is highly recommended that US employers prepare petitions for their foreign beneficiaries well in advance of this filing date. If visas are used up, then the beneficiary will have to wait until the following fiscal year to apply.
In the last few years, the number of H1B applications has more than doubled the quota or exceeded number of allotted visas resulting in a lottery being conducted by USCIS for all applications received. Please note that there are exemptions to the H-1B quota and you should consult with our US branch office for further information.
As an employer led process, applying a for a USA H1B visa also stipulates that companies wishing to bring foreign nationals to the United States through this system should meet certain requirements. In America, visa applications of this kind from a company whose work force already includes successful H1B visa applicants, may require a position to be advertised in the United States before the process of petitioning for a foreign national can begin. In companies where H1-B American visa workers make up 15% or more of the workforce, this will be required.
Once a successful USA visa application is made and a skilled worker is in place, the company will be responsible for any costs incurred by the employee, should the position terminate prematurely. This requirement does not stand in the case of resignation, however, if a candidate is dismissed before the proposed duration of the position, reasonable costs for the candidate moving back to their last place of foreign residency must be covered by the employer.
In America, immigration through H1B visas is not directly intended as a permanent route for immigration to the USA. However, it may lead to a Green Card visa application and even if a candidate returns home at the expiry of an H1B visa, it is likely that they will have been living and working in the USA for a period of some years.
As a result, spouse immigration and dependent immigration are permissible under this route and the spouse, partner or dependent children of an applicant may join them in the United States. Dependents immigrating to America will be granted a USA H-4 visa in order to join their H1B partner in the country.
H-4 America visas do not allow their holders to work in America, and as a result, a spouse or dependent will not be permitted to seek or undertake employment without applying in their own capacity for a USA work visa. USA H4 visas do however permit holders to study in the USA.
Contact a World Visas representative for more details.
L1 Intra Company
The USA L1 visa immigration service is for an Intra Company Transfer (ICT) in that it allows a company to transfer a specific worker to a branch office in the United States.
An L1 visa can also be utilised where an employee of a foreign company is migrating to the United States in order to set up a new office, branch or subsidiary in America. In these circumstances, US visas with an initial duration of 1 year will be approved, after which time the enterprise must be seen to be functioning effectively in order for the visa to be extended.
The US L1 visa application process is an employer led system with American companies petitioning for the recruitment of foreign nationals where necessary. Like all US business visa services, the L1 requires a guaranteed position of employment to be in place.
US immigration requires in almost all cases, that a guaranteed job offer be in place.
Visit our online assessment area now to get started. Simply complete the L1 assessment form and a World Visas migration consultant will contact you.
Like a US H1B visa application for skilled immigration to the USA, applying for an American L1 visa is generally a much quicker process than making an application for lawful permanent residence in the USA, or as it is more commonly known, a USA Green Card application. As a result, USA visas of this class, along with H1-B visas, tend to be more popular with employers wishing to bring foreign nationals into the country to fill specific roles.
As with H visas, L1 visas for the USA are not regarded as a route to permanent settled status in the USA in themselves. However, like an H1-B visa, which is not intrinsically a route to permanent residency but allows a candidate to initiate the process of applying for a US Green card whilst in the country, an L1 USA work visa may enable a candidate to work towards obtaining Permanent Residency in the United States.
In the USA, immigration through this route is specific to the sponsoring company, and candidates will not be permitted to work for any other company or organization unless a fresh L1 application is submitted.
American L1 visas for business immigration to the USA are initially granted for a period of three years. Beyond this, if the candidate is still required in this position, the grant of leave may be extended in increments of two years up to a maximum of seven years.
However, once the maximum period for US L1 visas has expired, an applicant will not be able to re-enter the country on an L or H visa or until they have spent a minimum period of one year outside the country.
Candidates migrating to the US through US L1 visas may enter the country in one of several streams.
L1A visas are designed for those being brought to the United States to engage in a senior-level managerial or executive role. In America, immigration candidates in this stream must be entering a role with supervisory responsibility for professional staff and must be responsible for a key department, division or function of the US company.
Applications in this stream will need to be accompanied by a detailed outline of the function and duties of the position. In the US, visas of this kind are granted for an initial period of three years with the opportunity for a US visa extension in two-year increments up to a maximum of seven years.
L1B visas are intended for those coming to live and work in the US who have specialized knowledge and experience of a company's products, services, systems or procedures. In this stream, leave is initially granted for a period of three years which may, if necessary be extended to five years.
In either stream, candidates must have been employed by the sponsoring company, in a branch outside the United States for a minimum of one of the three years directly preceding the application. Candidates must have been employed in either an executive or a managerial role or in a position requiring specialist knowledge.
The L1 New Office visas is designed for when a new parent, subsidiary, branch, or affiliate office is opened in the US and wishes to employ a manager or executive but does not have proof of extensive business activity in the US. A “new office” is defined as “an organization which has been doing business in the US for less than one year.”
To obtain an L1 visa based upon opening a new office, the company must show that it has sufficient physical premises for the office (such as securing a lease); the intending foreign beneficiary meets the one year physical presence requirement; and the intended US operation will support an executive or managerial position.
This visa is designed for companies who have a high volume of intra-company employees that need to transfer from one parent, subsidiary, branch, or affiliate office to another.
The significant benefit of obtaining a Blanket L1 visa is that the employee can apply for his/her L1 visa directly at the embassy or consulate in their home country rather than have the application processed by USCIS. Not only does this result in significant time savings, but also financial savings for the company.
To qualify for a L1 Blanket visa, the company must have an office that has been doing business in the US for more than one year; has 3 or more domestic and foreign branches, subsidiaries, or affiliates; and have combined US annual sales of $25 million, US workforce of 1,000, or received approval of at least 10 L petitions in the last 12 months.
Whilst an L visa for US immigration is not directly intended as a route to permanent settlement in the USA, the potential is in place for it to lead to a Green Card visa application. In addition, where candidates do not progress to permanent immigration to the USA, a fully extended non-immigrant visa of this kind will still entail living and working in the USA for a number of years.
As a result, American visas of this class allow the spouse and dependents of candidates on an L visa application to enter the United States in order to join the main applicant in the country. In these circumstances, spouses and dependents will be issued L2 Visas.
A spouse in possession of an L2 visa, (though not dependent children) may later apply for a general work authorization, enabling them to seek and undertake employment in the country. Though dependent children on an L2 United States visa are not permitted to work, they may undertake a course of study in the USA.
Contact a World Visas representative for more details.
EB Immigration Series
The US EB-2 visa is an employment based Green Card visa and caters for highly skilled migrants with international recognition in their field of expertise and requires evidence of a major international award or other criteria including published works - the most important thing about the EB2 visa is that 'extraordinary' is justified in all applications.
EB-2 visas are split into three categories:
EB-2(A) visa is for candidates with advanced degrees (masters or higher), with an offer of employment from a US company,
EB2 (B) visa for candidates who show ‘exceptional’ ability in the arts, the sciences or business (with an offer of employment from a US company),
EB2(C) visa for those candidates who can demonstrate that their presence in the US would benefit the national interest.
Visa applicants must provide academic evidence of an American advanced degree or foreign equivalent degree; official academic evidence showing an American baccalaureate degree or foreign equivalent degree; and provide evidence in the form of letters from current or former employers stating they have at least 5 years of progressive post-baccalaureate experience in their area of speciality.
If you can meet these requirements Global Visas can help you fulfil your EB2 visa American dream.
The EB-3 Green Card visa for America encompasses a wide range of applicants who can be categorised as ‘professionals’, ‘skilled workers’ or ‘other workers’. Unlike the EB-2 US visa, all positions must pass labour market testing to justify employing an overseas national.
EB3 visas are split into three categories:
EB-3(A) visa is for candidates classed as 'professional workers',
EB-3(B) is for 'skilled workers',
EB-3(C) is for 'unskilled workers'.
Professional workers must be in possession of a US baccalaureate degree or a foreign equivalent degree normally required for the profession. Education and experience may not be substituted for the degree.
Skilled workers are not permitted to be seasonal or temporary and must have at least two years experience or training. The training requirement may be met through relevant post-secondary education.
Unskilled workers are classed as those positions that require less than two years of higher education, training, or experience, such as an unskilled worker who can perform labor in positions that can not be filled from the local labour market in the US
The EB-5 visa for USA immigration is designed specifically for those wishing to immigrate to the USA by investing in the creation of a new commercial enterprise. This relatively new method to apply for lawful permanent residency in the USA, the much coveted USA Green Card, is granted far more infrequently than the other employment based US Green Card visa services and requires a substantial investment in order to qualify.
The requirements of this American visa category are also fluid and although some criteria are clearly defined, whether an application fulfils other requirements is generally decided by the United States Citizenship and Immigration Services (USCIS).
Understanding the range of USA immigration services can be complex and time consuming; for those migrating to the USA on a permanent residency basis, several routes to applying for USA Green Cards may be considered. In addition, for those entering the USA for a short term visit or to live and work in the USA for a defined period of time, the most appropriate route must be determined from the wide variety of non-immigration visas for the USA.
Visa applications for immigration to the US can be dealt with by immigration consultants at World Visas, whichever American immigration service you require.
With a branch office located in the US, World visas can provide US immigration legal advice throughout your US visa application, and can ensure that you embark upon the most beneficial US immigration visa service for your relocation to America. Visa applications can be monitored at every stage and a migration consultant will be happy to respond to any queries or concerns.
When applying for an American Green Card, whether through an employment based route or through family ties, the key benefit of permanent resident status is that an applicant may commence living and working in the USA without any time restrictions.
Unlike short term American visas such as the B1 business visitor visa or the B2 tourist visa which are awarded for a strictly limited period of time, USA permanent residents enjoy many, though not all the benefits of living in America enjoyed by USA citizens.
American business visas, both temporary and permanent, place emphasis upon an offer of employment being in place from a US company before an application can be made. Only in the case of the EB-1 visa for priority workers and in some circumstances the EB-2 visa where much like the Highly Skilled Migrant Programme or HSMP in the UK, can a candidate immigrate to the USA without a job offer being made.
The EB-5 category is an exception however, based as it is upon investment. EB-5 visas do have criteria which must be met, and it is important to note that of the submissions lodged, a small percentage are successful, however a job offer as such is not required.
Applying for an EB-5 visa is based upon an applicant's intention to begin a commercial enterprise which will be of benefit to the United States economy and will create employment opportunities for at least 10 people in the permanent resident or US citizen categories. In America, visas of this kind are based around investment, and the minimum amount required is USD $1,000,000, although in cases where an investment is in a "targeted employment area", this figure may be reduced by half.
In America, immigration through applications for EB-5 US visas requires that an investment must create at least 10 positions of employment for those lawfully living in the USA on a permanent basis. Family members of the investor cannot be included in this stipulation and non-immigrants are also excluded. Employees must not be independent contractors and must provide services or labour for the enterprise, receiving wages directly from the entity. Positions created must be full time and must constitute a minimum of 35 hours per week and places on the EB-5 scheme will be weighted in favour of enterprises creating jobs in "targeted employment areas", defined as areas in which unemployment is at least 150% of the national average.
The legislation relating to EB-5 USA visas has a tendency to be fluid and no set requirements are in place to address at what point in an application jobs should be created. However, the 10 positions required do not have to be created immediately and may be projected employment opportunities, so long as they are realistically incorporated into a comprehensive business plan and will be filled accordingly.
Beyond the prerequisites of job creation and the minimum investment amount, much of this immigration visa route is open to the assessment of USCIS. Commercial enterprises must be both "new" and "commercial", or a "troubled business", rather than a non-profit organization. However, in practice, the term "new" can be interpreted broadly. Furthermore, the capital investment must have been obtained through lawful means.
An existing business which is purchased by the investor then reorganised or restructured can conceivably qualify as a new enterprise, if the reorganisation is more significant than a nominal change of legal form and creates the required 10 new positions. In addition, immigrating to America to expand an existing business may also qualify as "new" if the enterprise is increased by at least 40% in net worth or the number of employees.
Migrating to the USA through this investment based route to a United States Green Card is intended as a permanent immigration service leading to settled status in the USA. Accordingly, as with all routes to Permanent Resident Cards, provision is made for spouse immigration and dependent immigration and successful applicants may include their spouse, partner and dependent children on their application to migrate to America.
When reviewing visa options for you and your client, it is important to consult with experts in the field. Our J-1 visa processing experts are readily available to help you evaluate your situation based on J-1 visa rules and discuss appropriate solutions. If the J-1 visa process is a good option, we will guide you through each step of the J-1 visa application process and ensure all program requirements are met. You can feel confident in our expertise and low visa rejection rate.
Many of our competitors take three to five weeks for J-1 visa processing, while the actual time spent reviewing the case might be no more than an hour. We recognize that the pace of business requires timely service and have organized ourselves to review applications under J-1 visa rules and regulations and, if the application is approved, send all documents required for the visa to you within two business days.
Because we work with a select group of law firms and organizations, we are able to provide a very high level of personal service and responsiveness. You will discover that your inquiries are replied to promptly and there is a genuine sense of priority in addressing whatever issue you are facing with the your J-1 visa processing.
Contact a World Visas representative for more details.
The US J-1 Visa
The employment authorization that applies to most undergraduate students is the US J-1 "Intern" authorization. This category is designed to "promote the exchange of persons, knowledge, and skills in the fields of education, arts, sciences and technology".
How to Obtain your US J-1 Visa
The "Certificate of Eligibility" for US J-1 Intern Visa Status (commonly referred to as a DS-2019) must be obtained through a designated J-1 visa-sponsoring agency. There are many of these in the USA.
Confirm with your employer:
Arrange payment of fees:
Applying for a US visa to study in America can offer a wealth of opportunities to those wishing to immigrate to the US on a temporary basis in order to undertake a course of academic study.
Candidates may study in the USA with an F-1 if they are embarking upon academic courses of study at the primary, secondary, or university level. Students enrolled in English language courses within the United States may also apply for F-1 visas.
Navigating the complex range of US visas for immigration can be a time-consuming process. Whether a candidate is applying for a short term B1 business visa or a B2 tourist visa, or for a longer-term immigration service with a view to obtaining a USA Green Card, a broad range of visa services are available.
With a branch office located in the US, World Visas can help you to determine which American immigration service is the most appropriate for your relocation to America. Visa applications can be monitored throughout the process and our immigration consultants can offer US immigration legal advice to ensure that you obtain the right American visa for you.
US study permits are without exception non-immigrant visas and will not lead to a Permanent Resident Card for lawful permanent residence in the USA, or as it is more commonly known a US Green Card. However, there are several benefits for those wishing to study in the US.
In particular, F1 visas allow candidates to work in the USA during their course so long as the work is based on campus. In some cases where unforeseen circumstances lead to hardship, off campus work may also be permitted. In America, F1 visas allow candidates to freely enter and leave the United States throughout the duration of their grant and in addition, dependents may enter the country with the principle applicant and remain for the entirety of their course of study.
Before applying for an F-1 student visa, applicants must be accepted into a course of study at a recognized US educational institution and be able to provide documentation indicating their enrolment status.
It will also be necessary to provide other documentation including a valid passport, photograph, and an affidavit of financial support. Applicants must demonstrate adequate English language ability, and crucially, candidates must prove that they intend to return to their home country upon completion of their course and expiry of their US study visas.
This may be assisted through the inclusion of documentation which demonstrates ties to the home country, for example family ties through a marriage certificate, employment obligations through a contract or evidence of prior temporary trips to the USA.
In addition, candidates applying for an F1 visa must be able to demonstrate:
F-1 visas are normally granted for the duration of the course of study; however, candidates may remain in the country for up to 60 days after the course is completed.
Whilst student visas for the USA are not intended as routes to permanent settlement, in most cases they will result in the applicant being in the country for a lengthy period. As a result, applicants immigrating to America through all classes of student permit may bring their spouse and/or dependents with them.
In the case of F visa holders, dependents are granted a US F-2 visa, allowing them to remain in the country for the same duration as the principal applicant and to study if they wish, although employment is not permitted.
Contact a World Visas representative for more details.
Why use World Visas ?
We offer personalised service, systems and monitoring tools to make sure our clients remain at the centre of everything we do. You can contact us by email, phone or in person at any stage of your application with any questions you may have and we will advice you to the best of our knowledge and experience.
