US Visas

There are different categories of US visas. A brief description of the visas is given below:

1. Student visas F1, M1 and J1

Student visas are issued for the period it takes the visitor to complete his/her course of study,
program or work assignment. Non-immigrant student visas can be categorized as F-1 visa, M-1
visa and J-1 Visa.

F1-Visa

F1 visa is for students qualified to attend full time college, university etc. in the United States. In
order to be qualified for getting an F1, you must be accepted by a recognized university in a full
time capacity, must also prove the sufficient financial support during this stay in United States.
Except for the training required by the course an F-1 holder cannot work.

a. CPT - Curricular Practical Training (CPT)

 Issued to students currently enrolled on a full-time basis at an approved educational institution

to obtain work experience in their field of study.
 The student usually receives academic credit for this training. CPT is granted by the university
and the student's USCIS Form I-20 is endorsed with the dates the student is eligible to work, as
well as the number of hours per week. A student with CPT must present an original Form I-20
indicating CPT approval to an intended employer before employment may lawfully commence.

b. OPT – Optional Practical Training (OPT)

 Issued to students who wish to work in their field of study but are not going to work as part of
their academic program.
 OPT is granted for a maximum of 12 months throughout the student's academic career.
Students can work during their vacations or during the school year, or save OPT to be used after
graduation. If working during the school year, the student is only permitted to work 20 hours a
week. If used after graduation, OPT must be completed within 14 months of graduation. For
OPT eligibility, the student must apply with USCIS for an EAD card (Form I-688B - Employment
Authorization Document). The F-1 OPT employment cannot begin until actually receiving the
EAD card in hand from the USCIS. (Upon approval, USCIS will mail this card directly to the
applicant.)

How do I convert my F1 visa to a H1-B visa?

Once you find a suitable job and employer who can sponsor your H1B visa, you can convert F1
to H1 status can start working based on that H1B visa for the that employer.

Can I get the H1B stamp in USA itself?

No, first time H1B stamp can only be done in your home country.

M1 Visa
M1 visa is for students attending vocational courses.

J1 Visa
J1 visa is an "exchange program" in which one might obtain a legal status to work in the United
States if he/she is a doctor, scientist, researcher, university professor or teacher, and has been
accepted by an exchange program. In order to be qualified for J-1 sponsorship, the program you
have been accepted for must be approved by the United States Information Agency.
The spouse of the J-1 can also be allowed to work in the United States, only when approved by
the INS. Check out the details with your program sponsor beforehand.

*** We don’t work with M1 and J1 visas.

2. Green Card

The green card (Alien Registration Receipt Card) is obtained upon the approval of the
immigrant visa or the adjustment of status. This permanent residency can be obtained through
Family Sponsorship, Labor Certification through an employer in the U.S., by National Interest
Waiver, or other special category for persons of Extraordinary Ability or the Green Card Lottery
(Diversity Visa). With a green card, the applicant can work legally in the U.S. and it is proof of
lawful residence within the U.S.
An employer can sponsor his employee's Green card. It is a multi step process, which involves
certain document work confined by few rules and regulations. There are few categories for
granting permanent residence to the foreign nationals, based on employment skills.

The categories are:

EB1, EB2, EB3, EB4, EB5.

Most of the technical workers fall under first 3 categories.

i) EB1: People with extraordinary ability in the science, arts, education, business or athletics,
professors, researchers and Ph.D. holders etc. falls under this category.
It also includes people working here as managers and executives on international transfer basis
(Company transfer L1 holder)

(ii) EB2: This includes people with extra ability in the field of science, arts or business, and
advanced degree professionals (PG. degree holder).

iii) EB3: This includes professionals with Bachelor/ Graduate degree, and other skilled workers.

Employment based green card, is a 4 step process:

It's a sequential step wise process.

Step 1: Labor Certification

Submission of Application(ETA-750) through your present employer to DOL (Department of
labor).

Establish a fact that there no American citizen who can fit the position. This process is called as
PERM. The approval process is 90 days

Give an advertisement in newspaper, website. Run this for 30 or 60 days.

 (USCIS – Those who process the G.C)

Step 2: Petition for immigration I-140

Your employer files Application (I-140) to INS.

Step 3: Adjustment of Status ( I-485) OR Consular Processing

File I-485 and other supporting documents with INS, for yourself and family within USA.
At this time you can also file for EAD ( Employment Authorization Document) and AP ( Advance
Parol or Travel Document) , once you file for 485, you will be required to do fingerprinting.

In this case Step 2 and 3 can go parallel, known as concurrent filing, however 485 can't be
approved without approval of I40.

Step 4: Finally
Get the stamping in your passport and Receiving the Plastic card.

Note: The overall process is time consuming, as involves formalities and lot of paper work. It is
granted against per year Quota/per country/per category. Another constraint is that a person
applying for a green card needs to stick with the company, through which his/her green card is
getting processed, till he gets his Green card. Otherwise he loses the process, and needs to
apply for a fresh application from the beginning.

Aditi can file for the employee’s GC under the following conditions:

 At the cost of the employee

 Minimum 6-months of employment with Aditi
 Employees reaching their 6-year limit in the U.S. within a 3-year period
 Discretion of Executive Management
 A limited number of candidates per quarter may be approved

(Note: If the person is married and filing for GC he/she can apply for the spouse at the same
time
If the person in the US already has a Green card his spouse cannot enter the US as a
dependent.
In the initial filing stages before getting the EAD the person can apply for the spouse.)

GC Processing- Aditi
3. H1 and H4 Visas

The H1B Visa Program is the official and primary USA work visa / work permit.
The US Government introduced the H1B visa to offer and enable highly skilled International
Professionals and/or International Students, from all over the World, the opportunity to live
and work in the USA.
The H1B is the most sought after US work visa and US Immigration requires 'every' foreign
national to obtain a visa in order to legally work in America.

To Obtain an official H1B Visa :-

Step 1 - you must 'first' find an H1B Job with a US Employer (known as your "sponsor")
Step 2 - your Employer files your H1B Visa Application with the US Immigration Bureau
* individuals can NOT sponsor or apply for their own H1B visa. Only Your Employer can.
To qualify for the H1B Visa Program, you must work in a 'specialty occupation':

The core Specialty Occupations include: IT, Computing, Finance, Accounting, Banking,
Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching,
HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management.
>>> an H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife)
and children to accompany you and live in America.
>>> one of the main advantages of the H1B visa is that it is a 'dual intent' visa which means that
you can apply for a Green Card (Legal Permanent Residency).

- Limit of H1B visa - Total stay is limited to 6 years. Initial approval is for 3 years, which can be
extended for increment of up to 3 years.

- H1B- Re-Stamping - A new stamping can be done in any other country at any American
consulate, based on the H1B extension approval

- Multiple Employers - H-1B aliens may work for more than one U.S. employer, but must have a
Form I-129 petition approved by each employer.

- Travel - H1B visa can be multiple entry visa, which allows a person to travel in and out of USA
for any number of times, within the specified visa validity.

- Work - H-1B aliens may only work for the petitioning U.S. employer, and employer may place
the H-1B worker on the work site of another employer.

- Vacation - An H-1B alien may be on vacation, sick/maternity/paternity on strike.

As long as alien is associated with the employer.
- Cap - The number of H1B visas issued each year is subject to a cap that is determined by US
Congress. The cap for fiscal year 2006 is currently set at 65,000.
The H1B applications that are approved for each fiscal year receive an employment start date of
October 1 (the first day of the fiscal year).
- Permanent Residency (Green Card) - An H1B holder is eligible to seek, permanent residency to
USA.

- Changing Employer - H1B can be transferred, to a new Employer.

You can also start working for new Employer upon the receipt of H1 transfer case.

H1B visa holders can change employers as soon as a H1B petition is 'submitted' to the INS by
the new employer **

You might be asked to submit the following documents:

· One or two latest pay stubs.
· Copy of your existing H1 approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.
Once your transfer is submitted with the INS, it normally 3 to 8 weeks, or in some case a little
more time. The time varies depending upon the location of employment and the processing
office.
1) Does the H1B Cap affect the H1 transfer process?
No, the H1 transfer is a separate process, and it has nothing to do with H1 cap. It is a transfer of
your existing H1 approval to a new company and is not a ‘new’ H1B.
2) Do you need to inform your present employer about your Visa Transfer? Is there any way
that my current employer can come to know about my H1b transfer?
No! its not required to inform your current employer, and neither do they need to know about
the transfer.
3) Is there any limit for the number of times I transfer my H1B visa?
There is no such limit, you can apply for as many transfers as you want.
4) What if a person holding a H1 for Company 'A', applies for an H1 transfer through Company
'B', and once the transfer is approved, he changes his mind and doesn't join this company 'B'.
Can he continue to work for his original company 'A'?
 Yes !.(A person can have multiple H1, but can work for only one company at a time.)
5) Process of Transfer H1?
I-797 – (H1B Approval): Contains the detail of the employee, company who files for the H1,
duration in the company and the temp I-94)
Pay Stubs (Salary Slips) – 2
I94 – Permission to stay in U.S

6) How do we transfer?
Online Portal – Upload all the above documents
Offer Letter – Contains the position title, start date, end date and job description. Lawyer
verifies the salary and the jd’s given by the INS. Then finally submits the application to INS.

Candidates can start working on the position after 4 days of the application is submitted (Check
the portability rule)

LCA Wage: Minimum salary that the candidate has to be paid (63,500 p.a)

Aditi is a H1B dependable organization which means that any H1 candidate of Aditi cannot be
paid less than 60K per annum. A company is called as H1 dependable when the number of H1
candidates is less than 100. Any company with more than 100 H1B candidates can hire
candidates with even 40k as their annual salary.

H1-B Visa can be filed under two categories;

 Exempt
 Non-Exempt

Non-Exempt:

The Non-Exempt H1B Visa category is filed by profitable organizations. They fall under
the annual cap of H1B’s provided every year.

The Immigration and Naturalization Act ("INA") allows for the issuance of only a specific
number of each type of visa, immigrant and nonimmigrant, every fiscal (October 1st to
 September 30th) year. Once this visa "cap" is reached, no more visas can be issued until the
beginning of the next fiscal year.

Exempt:

Unlike Non-Exempt not all H1B visa petitions are subject to the cap and these are known
as Exempt category. Examples of "exempt" categories include:
 H1Bs hired by institutions of higher learning, affiliated research organizations, nonprofit
research organizations, governmental research organizations and or by any nonprofit entity
which engages in clinical training of students at higher educational institutions.

We cannot transfer an H1B of an Exempt category to a Non-Exempt organization, and if done

the H1B will not be valid. An H1B of Exempt category can only be transferred to either
institutions of higher learning, affiliated research organizations, nonprofit research
organizations or governmental research organizations.

H4 Visa

- Dependent family members of H1 visa holders can obtain H4 visa. Immediate family members
like spouse and children under 21 yrs can qualify for this visa.

- Can a H4 visa holder work in USA? - No

4. L1 Visas

Overseas companies that have or wish to establish U.S. offices may need to transfer executive,
managerial, or specialized personnel to the U.S. The L-1 Visa (Intra-company Transferee)
enables these key employees to be posted temporarily at the U.S. parent, subsidiary, affiliate,
or branch office.

L1 visa is an intra-company transfer visa. It is a permit to work for a company in USA, to which
you are, transferred from the parent or the sister concern Company of your country. It is a
company specific visa.
 It can be issued only to an L1-A(Executive, Manager) or to a person with L1-B(specialized
knowledge worker).
 Individuals cannot apply for an L1 visa. Your employer must file a petition with the U.S.
Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship.
 Maximum limit for L1(A) visa is 7 years for executives, and managers. And 5 years for people
with specialized skills L1(B).
 The L-1 petition must specify, that both the U.S. and the parent company involved are qualified
organizations.
 A letter from US based company, justifying the need of the person.
 Unlike the H1- B visa the L1 visa cannot be transferred

L2 Visa
Dependent family members of L1 visa holders can obtain L2 visa. Immediate family members
like spouse and children under 21 yrs can qualify for this visa.

- L-2 visa holder can:

 Reside in the U.S. for the duration of the L-1 visa holder's authorized duration of stay.
 Work in the U.S. with EAD (work authorization) approved from the USCIS.
 Study full-time study in the U.S.
 Travel in and out of the U.S. as many times as they want.
 Note: All above are subject to principal's L1 validity.

*** We don’t work with L1 visas

5. TN Visas (FOR MEXICAN AND CANADIAN NATIONALS)

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico to work
in the United States.

Professionals of Canada or Mexico may work in the U.S. under the following conditions:
 · Applicant is a citizen of Canada or Mexico;
· Profession is on the NAFTA list;
· Position in the U.S. requires a NAFTA professional;
· Mexican or Canadian applicant is to work in a prearranged fulltime or part-time
job, for a U.S. employer. Self employment is not permitted;
· Professional Canadian or Mexican citizen has the qualifications of the profession

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
· Request for admission under TN status to Department of Homeland Security, Customs and
Border Protection
· Employment Letter Evidence of professional employment.
· Proof of professional qualifications, such as transcripts of grades, licenses,
certificates, degrees, and/or records of previous employment;
· Proof of ability to meet applicable license requirements;
· Proof of Canadian citizenship. Canadian citizens may present a passport.
· Fee of U.S. $50

TN Visa’s: (Has only 3 categories – SE (Mandatory – C.S degree or relevant experience), CSA,
Scientific/Research
 Hire TN’s with a valid degree and relevant experience

How TN is issued:
- Offer letter issued by the company.
- Letter by lawyer which contains the JD’s. They cross verify the jd with the categories
mentioned)
- Issued for 1 year. TN’s considered for temporary work

6. ASYLUM VISA

Individuals being persecuted in their home countries may apply for asylum, refugee status or
temporary protected status in the United States. The fact that the person is suffering
economical hardship is not considered a well-funded reason for applying for asylum or refugee
status in the United States. The Asylum and Refugee application package makes the application
process easy to understand. This is a step-by-step guide to help you file your application as
efficiently and quickly as possible. The information in the "Asylum and Refugee Application Kit"
will assist you in determining your eligibility for applying for temporary or permanent resident
 status in the United States.

There is a difference between Asylum and Refugee Status:

 Asylum: Individuals already physically present in the U.S. may apply for asylum, provided they
meet the definition of a refugee and are not barred by law from applying for or being granted
asylum.
 Refugee: A refugee is a person unable or unwilling to return to his or her native country due to
a well-founded fear of persecution or because the person's life or freedom would be
threatened. To apply for refugee status, the applicant must be physically located outside the
United States.
Important: One year after legally becoming an asylee or refugee in the United States, the
applicant may apply for a Green Card and eventually for United States Citizenship

7. US Citizen

U.S. Citizenship is obtained either by birth or naturalization. There are certain benefits to
becoming a U.S. citizen, such as higher estate tax exemptions, federal job benefits, greater
freedom of travel to other countries and most importantly, the right to vote. In addition there
are certain federal grants and scholarships available only to U.S. citizens.

8. E3 Visa

E3 Visa Summary – US Work Visa for Australian Nationals only. The E3 is a new visa category
only for Australians going to the U.S. to work temporarily in a specialty occupation.
Qualified Australians wishing to live and work in the USA now find themselves in a privileged
position. They have access to a dedicated visa that is easier and less costly to obtain than the
traditional H1B work visa. 10,500 E3 visas per annum have been reserved exclusively for
Australian nationals. Unlike the H1B visa, spouses of E3 visa holders are now able to work in the
United States - eliminating a barrier that in practice has stopped many Australians from
applying for temporary residence in the US. E-3 visa holders will be able to apply for extensions.
The application fee for an E3 visa is significantly lower than for the H1B visa.
To qualify for an E3 visa, an applicant must demonstrate:
• that he or she must have a legitimate offer of employment in the US
• that the position he or she is coming to fill qualifies as specialty occupation employment
• that he or she is an Australian citizen
• that he or she has the necessary academic or other qualifying credentials
• that his or her stay will be temporary, and
• if required before the alien may commence employment in the specialty occupation, that he
 or she has the necessary license or other official permission to practice in the specialty
occupation.
Q: How long is the visa valid?
A: The validity of the visa should not exceed the validity period of the LCA. The Department of
State and DHS have agreed to a 24-month maximum validity period for E-3 visas. This validity
may be renewed.

Q: Can I renew the E-3 visa ? Is there a limit to the amount of times I can renew?
A: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien
is able to demonstrate that he/she does not intend to remain or work permanently in the
United States.

9. B1 Visa

TRAVEL VISA - TOURIST / VISITORS

A Visitor Visa is a 'nonimmigrant visa' for people who want to come to the USA temporarily for
business (B-1) or for pleasure or medical treatment (B-2)

QUALIFYING FOR A VISA

To apply for a visitor visas you must show that you qualify under provisions of the
Immigration and Nationality Act. All applicants for visitor visas must show that:

-- The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

-- That you plan to remain for a specific, limited period; and

 That you have a residence outside the U.S. as well as other binding ties which will insure you
return abroad at the end of the visit.

If you are traveling to the U.S. on business, you can present a letter from the U.S. business
stating the business purpose of the trip, the intended length of stay and the companies intent
to defray travel costs.
If you are traveling to the U.S. for pleasure, you can use letters from relatives or friends in the
U.S. whom you plan to visit, or confirmation of participation in a planned tour.
 If you are traveling to the U.S. for medical treatment you should have a statement from a
doctor or institution stating the proposed medical treatment.
All applicants who do not have sufficient financial funds to support themselves while in the U.S.
must present evidence that a someone in the US will provide support.
Visitors are not allowed to accept employment during their stay in the U.S.

Frequently Asked Questions about Immigration

H-1

Question: I have an H-1 transfer case, what do I (the recruiter) need to do?
Answer:
 Send the offer letter template as you normally do to FPD. All the questions on the template
should be answered.
 I will use the information from the template to add the employee to our attorney’s database.
 The attorney’s office will send the questionnaire directly to the new employee.
 The start date should be discussed with Frances before you confirm with the client (Micrsoft, T-
Mobile, or another). This is to minimize any hiccups in the transfer.

Question: I have a pay stub that is a month or more old can Aditi transferr the H-1?
Answer:
 Yes, but we will have to request consular processing.
 Our process is to file the application through regular processing.
 Once the application is filed you may begin employment with us.
 Next, you will make an appointment with the U.S. Consulate in Canada, once we have your
receipt notice.
 We will request premium processing for your case approximately 3 weeks prior to the
appointment.
 Note that you (the employee) will have to write a check for $1000 payable to “Dept of
Homeland Security”, which we will send to the attorney for them to send to USCIS.
 Once the application is approved, you will have to stop working for Aditi, until you get your visa
stamp.
 We will make arrangements with your manager prior of your absence.

Question: What is a non-conforming degree and why are they such a problem?
Answer:
 Non-conforming degrees are degrees that are not the preferred degree by USCIS standards.
 For example, if you have a software engineer, a 4-year Computer Science or Engineering degree
is considered the appropriate degree for this position.
 Non-conforming degrees are chemical, mechanical, math, electronics engineering, electrical
engineering, civil engineering, and industrial engineering.
 If a beneficiary has any of these degrees and their position is for a software engineer (or
similar), then the new employee will need to provide proof of their work experience.

Question: A candidate is currently on a H-4, and has an approved H-1, which was applied for
while the individual was in the U.S. The candidate has not worked for the employer who filed
their H-1? Can we hire this person? If yes, what steps are involved?
Answer:
 Yes, we can hire this candidate.
 Our process is to file the application regular processing and request consular approval.
 Once the application is filed you may begin employment with us.
 Next, you will make an appointment with the U.S. Consulate in Canada, once we have your
receipt notice.
 We will request premium processing for your case approximately 3 weeks prior to the
appointment.
 Note that you (the employee) will have to write a check for $1000 payable to “Dept of
Homeland Security”, which we will send to the attorney for them to send to USCIS.
 Once the application is approved, you will have to stop working for Aditi, until you get your visa
stamp.
 We will make arrangements with your manager prior of your absence.

Question: How soon can a candidate’s application be filed?

Answer:
 The candidate’s H-1 transfer application can be filed in as little as 4 business days, assuming all
of the required paperwork is turned in.

Question: Do I (the candidate) really need to provide all of my entry and exit dates into the
US?
Answer:
 Yes!
 This information is important for the attorney to recapture any time you have been outside the
US, since your first H-1 was approved.
 Also, to ensure the information filed with USCIS is accurate.

Question: Do I really need to provide a copy of my entire passport?

Answer:
 Yes, all pages are required to ensure no pertinent information is missing.

Question: Do I need to answer every question of the questionnaire(s)?

Answer:
 Yes, complete all questions except those that indicate the information will provided by another
resource.
 If a question does not apply simply state “N/A”.

Question: What does the H-1 visa allow the candidate to do?
Answer:
 A visa allows an individual to enter the U.S. within the time specified on the visa stamp.

Question: What does the I-94 allow the candidate to do?

Answer:
 It determines how long the candidate may remain in the U.S.
 It is important this date matches the date on your I-797 and/or does not exceed your H-1 visa.

Question: What if the I-94 date and the I-797 date do not match?
Answer:
 If the I-94 has expired, but the I-797 has a later date, it must be corrected before the H-1
transfer can be filed. Aditi’s attorney will process the request with the local USCIS office.
 If neither date has expired, then we may file the application as is, but noting the discrepancy in
the letter to USCIS.

Question: When will I get the receipt notice? I need it before I start my employment with
Aditi?
Answer:
 It takes up to 2 weeks to receive a receipt notice from USCIS.
 But, you may begin employment with Aditi as soon as your H-1 is received at USCIS. It is called
the Portability Rule.
 The portability rule allows candidates on a H-1 to begin employment as soon as the H-1 transfer
application is received by USCIS.

Question: What is the Portability Rule?

Answer:
 The worker was previously issued an H-1B visa or accorded H-1B status.
 The portability rule allows employers to hire employees who currently have a H-1 and is
working in the U.S. to begin employment with the new employer, once the application is
received by USCIS.
 A FedEx notification, UPS notification or the like may be used as confirmation the application
has been received.
 This same document may be used for the I-9 (Employment Verification Form).

Question: An applicant only has 1 year left on her/his H-1. What option does the person have
to extend their stay in the U.S.?
Answer:
 The applicant does not have any options left.
 After their 1 year, they must depart from the U.S.
 At the end of their Aditi H-1, Aditi is not obligated to purchase a plane ticket for them nor their
family.
 It is the applicant’s responsibility.
 Reason: We have an end date filed with USCIS that states how long we want to hire this
individual.

Question: I’m currently working on a OPT, but I have a valid H-1. Can Aditi apply for an H-1
transfer for me?
Answer: Yes
 If the H-1 has a future validity date, then Aditi has the option to wait until the date becomes
active before requesting the H-1 transfer or we can do it right away. It should be a problem.
 Aditi will request consular processing, only if the applicant is not maintaining his F-status (does
not have a pay stub).
 Consular process is not necessary, if the applicant has a current pay stub while she/he is in F-
status.
TN Visa

Question: Who qualifies for a TN visa?

Answer:
 Canadian and Mexican citizens qualify for TN visas, but typically only Canadians utilize the
benefits.
 It is a less cumbersome process for Canadian nationals.
 Legal Permanent Residents do not qualify for TNs.
 Question: What documents are needed to process a TN visa?
Answer:
 Refer to the attached questionnaire for full details.

Question: What positions qualify for a TN?

Answer:
 Management Consultant
 Scientific Technician/Technologist
 Engineer (at some port of entries difficult to get, typically these TNs are denied)
 Computer Systems Analyst

Question: Can my spouse and children come with me on a TN?

Answer:
 Yes, when you travel to the border to get your TN visa, at that time you should request a TD
visa for your dependents.
 Provide proof, such as a marriage certificate, birth certificates and passports to the immigration
officer.
 No information is needed from Aditi.

Question: How do I get a TN visa?

Answer:
 Complete and provide the required documents to Aditi in the questionnaire.
 Our attorney will prepare the document and send it to you via Aditi.
 At that point, you should make an appointment at the airport or border (whichever is
appropriate).
 Note that when you receive your TN visa you MUST plan to enter the US at that moment.
 If you plan to get your TN visa and enter the US a week or even a day later, you will be denied.
If this happens, it is not a major issue.
 The officer will simply tell you to come back when you are ready to enter the U.S.

Question: I have to extend my TN, how should I do it?

Answer:
 You have 2 options.
 First option is obtain a TN letter from Aditi and apply at the Vancouver, B.C. or similar border.
 The second option is to file with the Nebraska Service Center. This option allows you to
maintain your TN status while waiting for a decision.

Question: My TN expires in 3 months, when should I apply for my next TN?

Answer:
 It depends on when your assignment ends.
 If your TN expires before your assignment ends, then we recommend getting your extension 2
weeks before the current one expires.
 If you TN expires after the assignment ends and you’re a FTT, then there is no need for Aditi to
extend your TN.

Question: This is my 3rd TN. Are there any concerns I should have?
Answer:
 TNs were designed for temporary stays in the US.
 As you attain more TNs over time, you may be denied a TN at the border.
 In this situation, it is recommended that we apply for your TN with the Nebraska Service Center.
 This will minimize (not eliminate) the likelihood of your TN to be denied.

H-3 Visa

Question: Can we hire H-3 candidates? What are they used for?
Answer:
 No, Aditi can not hire H-3 candidates, unless Aditi has an established training program
 The visa is used for training
 Productive employment must be incidental to and necessary for the training
 H-3s require an established/existing and bona fide training program
 H-3s are only for 2 years
 After the end of the 2 years, they cannot change status to H-1B or L or get a consular H/L until
he/she has been outside of the US for 6 months.
 H-3 training cannot be conducted with the intention of eventual employment in the U.S.
 Training must provide knowledge or experience unavailable in the home country
 (tough if the candidate is from India)
 Trainee on the H-3 must have the need for training and not merely apply his previously
acquired skills

LPR

Question: I have 1 year left on my H-1 and I want to extend my stay in the US. Can Aditi make
this happen? I have no time to recapture, such as vacations or periods of stay outside the U.S.
Answer:
 Since you only have 1 year left on your H-1, there is nothing Aditi can do for you.
 Your case must be pending with DOL for at least 1 year from your expiration date.
 There are no exceptions to this.
 Question: My PERM application was filed a year ago, can I transfer my PERM application to
Aditi?
Answer:
 No
 You are not allowed to transfer PERM application to another employer.

Question: How quickly can my PERM application be filed?

Answer:
 The process starts when Aditi management has given their approval.
 It takes approximately 2-3 months to file an application.
 It depends on the following factors:
 How quickly the PERM questionnaire is completed
 Job description prepared and approved by your manager
 How many responses we receive and how many we have to interview for your position?
 Required 31 day waiting period between last advertisement and the date application is filed.

Question: My I-485 (Adjustment of Status) application has been pending with USCIS for 5
months. Can I transfer my case to Aditi?
Answer:
 You must wait 6 months (180 days) before you are allowed to change jobs.
 And once you receive your EAD card, you may begin employment with Aditi.

Question: What is an EAD card?

Answer:
 An EAD (work authorization card) allows an individual to work in the U.S. while their I-485 is
pending with USCIS.
 In addition, the card allows the recipient to obtain a social security card.
 The card allows you to work for another employer (6 months after your I-485 is filed) in the U.S.
as long as it is a similar position on which your I-485 is based on.

Question: How long are EAD’s valid for?

Answer:
 They are typically valid for 1 year.
 If you are working on an EAD, we should file your renewal at least 4 months ahead of schedule.

Question: What are EADs limitations?

Answer:
 Authorization is typically for 1 year only.
 If the renewed EAD is not approved by the time the current EAD expires, then the individual
must stop working until it is approved.

Question: What is Advance Parole?

Answer:
 Advance Parole is used by individuals who have an I-485 pending.
 They allow the individual to enter the U.S.

EAD Card:
 Employment Authorization Card is given to students under OPT or pending permanent
residents (I-485)

Question: What is the difference between Reduction in Recruitment (RIR) and the PERM
processes?
Answer:
 The RIR process is in no longer available as of March 2005. This means that no new RIRs may be
filed. Any applications filed prior to March 2005 are being reviewed and evaluated by DOL
 The PERM process is the only Labor Certification application available to employers. This
process may be completed in approximately 2 months. It involves
2 newspaper ads 30 days apart (preferably each ad should be on a Sunday)
An ad posted on the Aditi website and on the DOL website each for 2 weeks
Job Posting at Aditi and at the client site physical locations
Each resume is reviewed and evaluated based upon the requirements for the job. Those
that qualify are interviewed.
Once the recruitment process is complete Aditi sends a summary to the attorney to
complete the application and submission to Dept of Labor.

Question: What if someone has a current RIR and it has been pending for more than a year?
What will happen to the RIR once the employee leaves the company? What will happen once
a PERM application is filed?
Answer:
This depends on the situation. Check with Frances so she may discuss the applicant’s
specific situation, with our attorney.

Question: What are the stages in the Legal Permanent Residency Process (Green card)
Answer: There are 3 steps to obtaining your LPR.
 Phase 1: Labor Certification (LC)
Phase 2: Immigrant Petition (I-140)
Phase 3: Consular Processing/Adjustment of Status (I-485)

Phase 1: The LC’s purpose is to determine if they are any U.S. citizens or permanent
residents who are qualified and available to do the job in question. It is processed via PERM.
The date, the application is received by DOL is considered the priority date. To check the status
of a case, you may call 415-975-4617 in California for an automated response. You will need
the case number from the applicant’s receipt notice. These applications take about 2 months
to process and file, assuming the employee has their former employer letter. It is taking
approximately 4 to 8 weeks to receive a decision from DOL.

Phase 2: The I-140’s purpose is to determine, whether the Beneficiary has the
qualifications to perform the job and that the employer is able to pay the wage offered. To
prepare the application it takes approximately 2 weeks and is sent to USCIS, for processing &
approval. To check the status of your application, visit the USCIS
website, https://egov.immigration.gov/cris/jsps/index.jsp, select Case Status Online, and input
your receipt number for the latest update. These applications are taking 2-4 months for a
decision from USCIS

Phase 3: The I-485 determines if the beneficiary is eligible for permanent residency within
the U.S. (i.e. are they excludable because they violated some rule of immigration in the past or
for a reason the USCIS deems a violation). The application takes about a month to prepare and
is filed with the USCIS. To check the status of your application, visit the USCIS website,
https://egov.immigration.gov/cris/jsps/index.jsp select Case Status Online, and input your
receipt number for the latest update.
Currently, there is a backlog for EB3 applications, which is the category most application
are filed. This means that the Beneficiary’s priority date is not current. EB2 applications are for
more senior applicants and the criteria is much greater, including a much higher salary. USCIS
determines on a monthly basis what applications they will accept. The criterion is the date the
PERM (or the RIR or Traditional LC) application was filed. This date is published in the Visa
Bulletin, http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html, monthly. Once you are at
the site select current bulletin and scroll down to Employment Based.

CPT–Curricular Practical Training (CPT)

OPT–Optional Practical Training (OPT)

 There is no minimum or maximum salary requirement for either of these training programs.

Question: What is CPT?

Answer:
 CPT is the required work authorization for all paid internships or off-campus part-time
employment
 CPT cannot exceed 12 months fulltime work (2080 hours per year)
 International students are eligible for CPT after completion of one full-time academic year
Internships must be related to the student's field of study
 Employer and date specific

Question: What information should Aditi provide in our offer letter?

Answer:
 The letter should specify dates of employment
 Name of supervisor
 Brief description of the project job duties
 Include a statement is related to the student’s area of graduate study

Question: What is the student’s responsibility?

Answer:
 Obtain a Valid I-120
 CPT application form with appropriate university signatures
 Any other documentation required by the student’s university

Question: Does the student pay any taxes?

Answer:
 No

Question: What is OPT?

Answer:
 It is post-graduation training pursued by F-1 students and related to their area of study.
 OPT cannot exceed 12 months and is not extendable.
 The student receives a EAD card from USCIS.

Question: What actions must the student take to obtain an OPT-EAD?

Answer:
 Authorization is given thru USCIS. It is a 2-3 month process.
 No expedite is possible.
 OPT is “not” employer specific.
 OPT requires the applicant to select an OPT start date up to 60 days after completion of course
study.

Question: What if the student doesn’t begin employment on the date specified on her/his
OPT-EAD?
Answer:
 Whether employed at the pre-determined date or not, the graduate’s OPT 12-month clock
starts running.

Question: Does the employer have any action to take?

Answer:
 No, the employer doesn’t do anything.
 The applicant must have the EAD already in hand.

Question: Can I get a CPT and then a OPT later?

Answer:
 It depends.
 Your total work authorization allowed is 1 year.
 This means if you have 6-months on a CPT, you’ll only get 6-months on an OPT.
About Yourself

Recruitment

Recruitment Life cycle

Work authorization / Work Visas Two broad categories of visas(Immigrant and nonimmigrant)

(H1, H4, L1, L2, F1, F2, TN, GC, and B1) can b1 work in US validity of b1

Modes of Working / tax terms

Geography and Timings

Culture and Society

Terminology: SSN, Per Diem, Exempt and non exempt employees

Security Clearance- Confidential, secret and Top secrect, DOD

Illegal Questions

Technologies

Search strings

Why u are changing

How u convience ur candidate

US Visas Types
There are two broad categories of US visas:
1. Immigrant visas: For those intending to reside permanently in the United States. (Whether
or not they intend to work.). In order to be eligible to apply for an immigrant visa, a foreign
citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer.

An Affidavit of Support form is required for most family-based and some employment based
immigrants to show there is adequate means of financial support in the U.S., by the petitioner
or other sponsor(s) for the immigrant.
Additionally the Diversity Visa Program provides a certain number of permanent resident visas
annually. These visas are drawn from countries with low rates of immigration to the U.S.

2. (A) Nonimmigrant visas: This is for people with permanent residence outside the US but who
wish to be in the US for a short duration only. In other words it is a Visa for visiting United
States temporarily. Reasons could be Tourism or medical treatment, business purpose,
Students, Participants in exchange programs, Temporary workers, Performing artists,
Professional journalists, and Government representatives, etc.

(B) Temporary Worker Visas: There are several categories of temporary worker visas. All
applicants for such visas must have a petition approved by the U.S. Immigration and
Naturalization Service (INS) before applying for the visa.

US Travel Visa

US visitor visa or US travel visa is a non-

immigrant visa issued to people entering the US temporarily for business (B1), or for pleasure/
tourism/medical treatment (B2). These are generally issued up to a period of 3 months to 10
years. An additional extension of 6 months can be obtained based on the approval by the INS,
while the visitor is in the US .

You May not Need a US Visitor Visa or a US business visa if you are a foreign traveler, who is a
citizen from certain eligible countries. You can enter US without a visa under the Visa Waiver
Program.

The following countries participate in the Visa Waiver Program:

Andorra, Austria, Australia, 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
(For citizens with the unrestricted right of permanent abode in England, Scotland, Wales,
Northern Ireland, the Channel Islands and the Isle of Man.)

Qualifying For US visitor visa or US B1/B2 Visa?

This is how the consulate defines the qualification for the visitor visa grant:

Applicants for visitor visas must show that they qualify under provisions of the Immigration and
Nationality Act. The presumption in the law is that every visitor visa applicant is an intending
immigrant.

Therefore, applicants for visitor visas must overcome this presumption by demonstrating
that:
 The purpose of their trip is to enter the U.S. for business, pleasure, or medical
treatment.
 That they plan to remain for a specific, limited period.
 That they have a residence outside the U.S. as well as other binding ties which will
insure their return abroad at the end of the visit.
All visitor visa applicants require to be interviewed at a US Consulate, before being granted a
visa. Applicants need to appear in person for the Interview at a US consulate. A prior
appointment is must for this purpose.
How to go about Applying for a US Visitor Visa:-

Sponsored Trip:
If applicant has a child or relatives who lives in USA, they can sponsor the visa for the applicant.

Sponsor:
Any US based person can sponsor visa for his/her parents, relatives, and friends.

Liabilities of sponsor:
Sponsor needs to provide affidavit of support form stating and assuring to take the liabilities of
expenses required for applicant’s trip.

Other then this they also need to provide some other documents required to support their
claim as sponsor. Sponsoring does not guarantee the visa grant. Individual applying for visa
must meet the criteria, set for US visitor visa.

window.google_render_ad(); Self Sponsored:

You can be a self-sponsor for your trip. You must have sufficient funds and proof of financial
capability that can justify your trip expenses.
What you ought to know about B-1 visa:
 Business visa (B-1) is meant for business purpose only. Legally, you are not allowed
to work in the USA as a B-1 visa holder.
 You are allowed to rent an apartment on B-1 visa. You might be required to show a
recommendation letter from your company, and proof of your identity (i.e. your
passport).
  You may open a bank account by showing proof of your identity (passport).
 You can get the ATM or debit card, from the bank in which you have opened your
account, but not a credit card. Though most places ATM card can be used.
 You can rent a car, only if you have a valid driving license from your country (IDP or
State Driving License). However, some US states insist on having a IDP (International
Driving Permit).
 Initially you can drive in any US state on your IDP or State driving license, for a
limited period of time. Rules vary from state to state. Confirm this from your local
DMV office.
 You can't join any educational institute on B-1 visa.
 You can get a telephone/ cable connection installed in your apartment.
 You cannot convert B-1 to H-1 status, while you are in USA.
 B-1 visa can be extended for the maximum of total 1 year stay in USA.
 You are not liable to pay any taxes on your allowances, since it is not a salary.

US Work Permit

H1B: It is employment based, non-immigrant

visa category for temporary workers. H1b is an employer sponsored visa category i.e. an
employer must offer a job and apply for your H1 visa petition with US immigration dept. This
approved petition is a work permit allows you to get visa stamp and work in USA for that
employer.
Eligibility ?
H1B is issued to a specialty occupation, requires theoretical and practical application of a body
of specialized knowledge along with at least a bachelors degree or its equivalent.

Total Quota:
 Currently H1B Total Quota is 65,000.
Note: H1 quota is over for this year; new Quota will be available from April 2006 for yr.
2006.
  There is an additional 20,000 quota for qualified people who have done there
Master degree from USA. This quota is independent and additional to general
65,000 quotas.
What is the USCIS Fee for filing for H1B Petition:
(Paid by employer/H1 Sponsor)
Filing Fee - between $1,440 to $2,190 (For petitioners who employ no more than 25 full-time
equivalent employees, including any affiliate or subsidiary) and 2190 for employer who has
more then 25 fulltime employees.

Lawyer fee may be extra on top of this fee:-

Limit of H1B visa:

Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for
increment of up to 3 years.

H1B- Re-Stamping:
A new stamping can be done in any other country at any American consulate, based on the H1B
extension approval.

Multiple Employers:
H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition
approved by each employer.

Travel:
H1B visa can be a multiple entry visa, which allows a person to travel in and out of USA for any
number of times, within the specified visa validity.

Work:
H-1B aliens may only work for the petitioning U.S. employer, and employer may place the H-1B
worker on the work site of another employer.

Vacation:
An H-1B alien may be on vacation, sick/maternity/paternity leave.As long as alien is associated
with the employer.
Family Status:
The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to
stay in the United States under the H4 category for the same duration as the H1B status.
Permanent Residency (Green Card):
An H1B holder is eligible to seek, permanent residency to USA.
Changing Employer:
H1B can be transferred, to a new Employer.You can also start working for new Employer upon
the receipt of H1 transfer case.
Buying Property:
• H1B holder can buy or sell real estate or any other property in USA.
• You can buy lottery or win lottery.
What if circumstances change:
As long as the alien continues to provide H-1B services for a U.S. employer, most changes will
not mean that an alien is out of status. An alien may change H-1B employers without affecting
status, but the new H-1B employer must file a new Form I-129 petition for the alien before he
or she begins working for the new employer. The merger or sale of an H-1B employers business
will not affect the alien’s status in many instances. However, if the change means that the alien
is working in a capacity other than the specialty occupation for which they petitioned, it is a
status violation.

Must a H-1B holder be working at all times:

As long as the employer/employee relationship exists, an H-1B holder is still in status. An H-1B
alien may work in full or part-time employment and remain in status. An H-1B alien may also be
on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting
his or her status.

L1 Visa - Company Visa

L1 visa is an intra company transfer visa. It is a

permit to work for a company in USA, to which you are, transferred from the parent or the
sister Concern Company of your country.
What are the required conditions?
L1 visa is filed by your company, and needs to be approved by the USCIS. The requirements for
L1 visa are:
 It can be issued only to an L1-A (Executive, Manager) or to a person with L1-B
(specialized knowledge worker).
 Individuals cannot apply for an L1 visa. Your employer must file a petition with the
U.S. Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship.
  The person must have worked for at least one year within the past three years and
you will be performing duties in the U.S. for the same employer or an affiliate.
 Maximum limit for L1 (A) visa is 7 years for executives, and managers. And 5 years
for people with specialized skills L1 (B).
 The L-1 petition must specify, that both the U.S. and the parent company involved
are qualified organizations.
 A letter from US based company, justifying the need of the person.
Can a L1 visa be issued, if the person is chosen to set up an office in USA?
Yes, one can also be given L1 visa, if he is sent to set up an office in US for his company. In this
situation the conditions to be fulfilled are :
 The concerned company must have proofs for sufficient funds, in order to maintain
a US office.
 The company has to give the proof of the infra structure in USA, in order to run the
business.
Difference between the L-1A Visa and the L-1B Visa :
The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to
apply for a Green Card (Permanent Residence), without going through the process of Labor
Certification, after only one year in L-1A status. The L-1B Visa is for key employees
(accountants, computer programmers, etc.).

Registered nurses, persons in a specialty occupation H-1B, temporary or seasonal agricultural

workers, temporary or seasonal non-agricultural workers, trainees other than medical or
academic, practical training in the education of handicapped children.

Student Visa
Hundreds of thousands of people come to the United States from around the world for a higher
education to improve their skills and broaden their minds. Numerous programs provide a wide
variety of opportunities. There are three major types of student visas that an international
student can come on to the United States to study.
Student visas are issued for the period it takes the visitor to complete his/her course of study,
program or work assignment.
The 3 Types of Non-Immigrant Student Visa are:
1. F1 Visa: Academic Studies

For people who want to study or conduct research at an accredited U.S. College or University.
In order to be qualified for getting an F1, a recognized university as a full time student must
accept you. You must also prove the sufficient proof of financial support during this stay in
United States. Except for the training required by the course a F-1 holder cannot work in the
United States.
2. J Visa: Academic Studies as an Exchange Visitor
For people who will be participating in an exchange visitor program in the U.S. The “J” Visa is
the primary visa for educational and cultural exchange programs. Check out the details about
working in the U.S. with your program sponsor.
3. M Visa: Non-Academic or Vocational Studies
For people who want to study or train at non-academic institutions in the U.S. such as
vocational schools.

Registered nurses, persons in a specialty occupation H-1B, temporary or seasonal agricultural

workers, temporary or seasonal non-agricultural workers, trainees other than medical or
academic, practical training in the education of handicapped children.