US
Immigration
We provide immigration & visa services for this country
The USA remains one of the most popular countries in the
world as an immigration destination. Let us help you on the
road to getting your USA visa.
The US has over 60 types of non-immigrant (meaning
non-permanent) US visas. GRN Asiaoffers you full US
immigration services if you need help, as well as many USA
visa guides to get you started if you want to handle your US
immigration on your own. The US immigration process can be
confusing and bureaucratic, but our experts are here to
help.
We have a number of US immigration guides detailing
commercial US visa categories. These include the B1, H1B,
L1, E1, and E2 visas.We also cover US green cards. All
applications for US visas are dealt with in-house by a
member of the American Immigration Lawyers Association (AILA).
We have also recently added information for medical doctors
detailing USA immigration for them and USA visas for
doctors. This includes US immigration information on the J1
exchange visitor visa, and the H1B visa for doctors. Let
your immigration to USA start here!
H-1B visa
The US H1B visa is a non-immigrant visa, which allows a US
company to employ a foreign individual for up to six years.
As applying for a non-immigration visa is generally quicker
than applying for a US Green Card, staff required on
long-term assignment in the US are often initially brought
in using a non-immigrant visa such as the H1B visa.
Individuals can not apply for an H1B visa to allow them to
work in the US. The employer must petition for entry of the
employee. H1B visas are subject to annual numerical limits.
US employers may begin applying for the H-1B visa six months
before the actual start date of the visa. Since the
beginning of the FY 2009 is October 1, 2008, employers can
apply as soon as April 1, 2008 for the FY 2009 cap, but the
beneficiary cannot start work until October 1st.
The H1B visa is designed to be used for staff in "speciality
occupations", that is those occupations which require a high
degree of specialized knowledge. Generally at least the
equivalent of a job-relevant 4-year US Bachelor's degree is
required (this requirement can usually be met by having a
3-year degree and 3 years' relevant post-graduate
experience). However, professionals such as lawyers,
doctors, accountants and others must be licensed to practice
in the state of intended employment – e.g. a lawyer must
generally have passed the relevant state bar exam.
Non-graduates may be employed on an H1B visa where they can
claim to be 'graduate equivalent' by virtue of twelve or
more years' experience in the occupation.
Positions that are not "speciality occupations", or for
which the candidate lacks the qualifications/experience for
an H1B visa, may be filled using an H-2B visa.
New H1B legislation requires certain employers, called 'H1B
dependent employers' to advertise positions in the USA
before petitioning to employ H1B workers for those
positions. H1B dependent employers are defined as those
having more than 15% of their employees in H1B status (for
firms with over 50 employees – small firms are allowed a
higher percentage of H1B employees before becoming
'dependent').. In addition all new H1B petitions and 1st
extensions of H1B's now require a fee (in addition to the
usual filing fees) of US$1,000 to be paid, which will be
used to fund a training programme for resident US workers.
The initial visa may be granted for up to three years. It
may then be extended, in the first instance for up to two
further years, and eventually for one further year, to a
maximum of six years. Those wishing to remain in the US for
more than six years may, while still in the US on an H1B
visa, apply for permanent residence (the "green card"): if
such employees do not gain permanent residence, when the six
year period runs out, they must live outside the US for at
least one year before an application is made for them to
enter on an H or an L visa.
Once a company has brought an employee to the US on an H1B
visa, should the company dismiss that employee before the
expiry of the visa, the company is liable for any reasonable
costs that the employee incurs in moving him/herself,
his/her effects, back to his/her last foreign residence.
This provision covers only dismissal, it is not relevant
when an employee chooses to resign.
J1 - Exchange Visitor
Program
CONTACT US NOW to find out how we can help with your J-1
Visa application or to make an appointment with our US
Attorney
The J-1 Visa
The J-1 Exchange Visitor Program (J-1 Visa Program)
currently includes 13 different exchange program categories.
Depending on the particular category chosen, a visa obtained
under the J-1 Exchange Visitor Program will allow a foreign
national to work, train, or travel legally whilst
experiencing life in the United States. The J-1 Visa program
also benefits US businesses by providing them with seasonal
and other staff.
Entry under the J-1 Visa program
Each category of the J-1 Exchange Visitor Program has
sponsoring organizations designated by the US Department of
State. It is their role to authorize the entry of a foreign
national for the purpose of completing the objectives of a
specific program which they approve on behalf of the
Department of State. They then issue forms DS-2109 and
DS-7002 which, along with other necessary documents must be
presented at the appropriate US Embassy in order to obtain
the J-1 Visa.
An applicant's spouse and children should be able to obtain
a J-2 Visa to accompany the applicant to the U.S. or to join
him or her at a later date. A J-2 visa application should be
submitted for each dependant either at the same time as the
J-1 visa application or at a subsequent date.
An applicant and his or her dependants must:
» pay for round-trip air travel
»
bring sufficient funds to cover all living expenses to be
incurred in the U.S.
» purchase adequate health
insurance which is mandatory for this visa.
They must also meet certain other specific criteria. The
attorney at GRN Asia will be happy to offer advice in this
respect.
At the conclusion of their program, participants are
expected to return to their home countries.
The J1 Exchange Visitor Program categories
The various J1 Visa categories cover the Private, Academic
and Government Sectors
The Private Sector
» Alien Physician
» Au Pair
» Camp Counselors
» Student, Secondary
School
» Summer Work/ Travel
» Teacher
» Trainee and Intern and
Flight Trainee
The Academic and Government Sectors
» Government Visitor
» International Visitor
» Short term scholar
» Professor and research
scholar
» Specialist
» Student
College/University
How can GRN Asia help?
For the various J-1 Visa categories in the Academic and
Government Sectors, the application procedure will be
undertaken by the relevant Educational Facility or by the
relevant Government body.
For those categories in the Private Sector however, the
applicant will need to take a more active role involving
contact with the relevant sponsoring organization. An
applicant may consider using the services of an attorney who
would offer guidance during the often complicated process.
GRN Asia will assist with applications for the Trainee &
Intern, the Au Pair, and the Summer Work/ Travel categories
which are part of the J-1 Exchange Visitor Program in the
Private Sector..
Family based Visas
Helping a family member, whether it is your spouse, fiancé(e),
child, parent or brother or sister, become a permanent
resident of the US, follows roughly the same procedure as
outlined below. It may seem straightforward, but there are
many nuances in each type of family-based visa. Please read
our site carefully, and if you have any questions, please
contact us for more information on family based immigration
to the US.
First, the US Citizenship and Immigration Services (USCIS)
must approve an immigrant visa petition (I-130) for you. The
US citizen relative fills this out on behalf of the
foreign-born relative. It must be accompanied by proof of
the relationship and the other required documentation in
order to begin the family based immigration process.
Second, the Department of State must determine if an
immigrant visa number is available for the foreign national,
according to the category of visa applied for, even if that
person already lives in the United States.
The third step in family based immigration, if the foreign
relative is already in the United States, he or she should
apply to change his or her status to that of a lawful
permanent resident after a visa number becomes available.
This is one way to secure an immigrant visa number. You can
adjust your status, commonly known as AOS, by submitting a
form I-485 along with other required documentation, such as
the results of medical examinations, police certificates,
etc. I-485s are considered by the USCIS directly. In this
case, principal applicants, both petitioner and beneficiary
should submit their applications together (I-130 + I-485 +
required documentation) through the local office rather than
regional one.
If you are
outside the United States when an immigrant visa number
becomes available, the foreign relative must go to the U.S.
consulate to complete the processing. This is the other way
in which you can apply to secure an immigrant visa number
for US family based immigration. If a beneficiary is based
outside the United States, then his / her documents are
considered by the National Visa Center (NVC) before his /
her case is being sent to the US Consulate for further
processing.NVC reviews the documentation and completes the
required administrative processing, such as checking
backgrounds and so on.
This area contains more specific information on the
following visa types:
» K-3 visas for the
spouse of a US citizen
» K-1 visas for the
fiance(e) of a US citizen
» US visas for the
children of a US citizen, fiance(e) of a US citizen, or
permanent resident of the US
» US visas for
foreign-born adopted children, including information for US
citizens living abroad and US permanent residents
» US visas for parents
of US citizens
» US visas for siblings
of US citizens
