Usa Green Card,
usa green card lottery results,
usa green card process,
usa green card rules,
free usa green card lottery,
usa green card lottery,
usa green card application form,
usa green card lottery 2010,
usa green card lottery free registration,
Us Green Card Lottery,
Us Green Card Rules,
Green Card Holder,
Green Card Process,
Green Card Status,
United States Green Card Lottery,
Diversity Lottery,
Visa Status Us,
There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.
Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. For additional information on the current H-2B cap, and on workers who are exempt from it, see the “Cap Count for H-2B Nonimmigrants” page.
H-2B Program Process
Step 1: Petitioner submits temporary labor certification application to DOL. Before requesting H-2B classification from USCIS, the employer must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).
Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the employer should file Form I-129 with USCIS. With limited exceptions, the original temporary labor certification must be submitted with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)
Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approved Form I-129, prospective H-2B workers who are outside the United States must:
Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry.
* Note: Employers requesting employment in a position that is exempt from the U.S. Department of Labor’s temporary labor certification application filing requirement may skip step 1 in the H-2B process.
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). As of November 2006, the cap for the first six months of fiscal year 2007 had been reached. Workers already in H-2B status and returning H-2B workers do not count towards the cap.
Who May Qualify for H-2B Classification
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary .
or
one-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or
An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker. or
seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
Traditionally tied to a season of the year by an event or pattern; and
Of a recurring nature.
Note: Employment is not seasonal if the period during which the service or labor is needed is:
Unpredictable;
Subject to change; or
Considered a vacation period for the employer's permanent employees. or
peakload need – A petitioner claiming a peakload need must show that it:
Regularly employs permanent workers to perform the services or labor at the place of employment;
Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
The temporary additions to staff will not become part of the employer's regular operation.
or
intermittent need – A petitioner claiming an intermittent need must show that it:
Has not employed permanent or full-time workers to perform the services or labor; and
Occasionally or intermittently needs temporary workers to perform services or labor for short periods.
Work Authorization for Non-U.S. Citizens: Temporary Agricultural Workers (H-2A Visas)
Who is Covered
The Immigration and Nationality Act (INA) is administered by the Office of Foreign Labor Certification (OFLC) of the Employment Training Administration (ETA). The INA covers agricultural employers seeking to hire temporary agricultural workers under H-2A visas.
The work to be performed must be “of a temporary (or seasonal) nature,” meaning employment that is performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.
Important Notice. All program users and other interested parties should frequently consult the Office of Foreign Labor Certification Web site, where the Department of Labor will post updates concerning the H-2A temporary agricultural labor certification program.
Basic Provisions/Requirements
The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions that do not apply to nonagricultural programs. The Department's Wage and Hour Division has responsibility for enforcing provisions of worker contracts.
Any employer who has been certified for a specific number of H-2A jobs must have initially attempted to find U.S. workers to fill these slots. Even after H-2A workers are recruited employers must continue to engage in "positive recruitment" of U.S. workers.
Employee Rights
An employer who files an application for temporary foreign labor certification pursuant to H-2A regulations must meet many specific conditions, including those concerning recruitment, wages, housing, meals, transportation, workers’ compensation insurance, tools and supplies, certification fees, labor disputes, and other conditions.
Workers who believe that their rights were violated under the H-2A regulations may file their complaints through the Job Service Complaint System, as described in 20 CFR part 658, Subpart E.
H-2A workers and the U.S. workers hired under the job order may file complaints about non-compliance with H-2A labor standards with a local Wage and Hour Division office. ETA or any State Workforce Agency will forward any complaint received about contractual H-2A labor standards between the employer and the employee to a local Wage and Hour Division office for appropriate action. Recordkeeping, Reporting, Notices and Posters
Notices and Posters
The Department’s Employment and Training Administration and Wage and Hour Division published a final rule implementing changes to the H-2A program effective March 15, 2010. One of the requirements in the rule is for employers who employ H-2A workers to display a new H-2A poster where employees can readily see it. The poster is also available in Spanish. It will be made available in other languages in the coming months.
Recordkeeping
Employers certified under H-2A must keep records of the hours each worker actually works. In addition the employer must retain a record of time "offered" to the worker but which the worker "refused" to work. Each worker must be provided a wage statement showing hours of work, hours refused, pay for each type of crop, the basis of pay (i.e., whether the worker is being paid by the hour, per piece, "task" pay, etc.). The wage statement must indicate total earnings for the pay period and all deductions from wages (along with an explanation as to why deductions were made).
Employers must maintain records concerning any worker who was terminated and the reason for such termination. The employer, in order to negate a continuing liability for wages and benefits to workers, must notify the NPC of any abandonment or abscondment. The employer should also indicate if replacement(s) will be sought for such worker(s).
Reporting
The worker must be provided with a complete statement of hours worked, offered, and refused, pay for each type of crop, the basis of pay (i.e., whether the worker is being paid by the hour, by the piece, "task" pay, etc.) on each payday. The wage statement must indicate total earnings for the pay period and all deductions from wages (along with a statement as to why deductions were made). The employer must provide a copy of a work contract or the job order to each worker on or before the first day of employment.
Penalties/Sanctions
The Wage and Hour Division has a primary role in investigating and enforcing the terms and conditions of employment. WHD is responsible for enforcing the contractual obligations employers have toward employees, and may assess civil money penalties and recover unpaid wages. Administrative proceedings and/or injunctive actions through federal courts may be instituted to compel compliance with an employer's contractual obligations to employees.
ETA enforces other aspects of the laws and regulations. ETA is be responsible for administering sanctions relating to substantial violations of the regulations and less than substantial violations of the regulations.
Relation to State, Local, and Other Federal Laws
Foreign workers employed under the H-2A program are not covered under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) however, various other laws, such as workers’ compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, and the Family and Medical Leave Act may apply to the employment of these workers.
h2a visa,
h2a visa statistics,
h2a visa sponsors,
h2a visa for indians,
h2a visa jobs,
agriculture visa,
h2a visa extension,
h2a beekeeping,
h2-a temporary for agricultural workers,
H-2A Program,
H-2A Workers,
H-2A Visa Jobs,
H-2A Visa Overstay,
F 2A and B Visa,
H-2A Visa Extension,
H-2A Visa Regulations,
H-2A Visa Seasonal Agricultural Workers
Except as noted below, H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2A program.
The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries annually in a Federal Register notice. Designation of eligible countries is valid for one year from publication.
Effective Jan. 18, 2012, nationals from the following countries are eligible to participate in the H-2A program:
Argentina Ecuador Jamaica New Zealand Solomon Islands
Australia El Salvador Japan Norway South Africa
Barbados Estonia Kiribati Papua New Guinea South Korea
Belize Ethiopia Latvia Peru Spain
Brazil Fiji Lithuania Philippines Switzerland
Bulgaria Guatemala Macedonia Poland Tonga
Canada Haiti Mexico Romania Turkey
Chile Honduras Moldova Samoa Tuvalu
Costa Rica Hungary Montenegro Serbia Ukraine
Croatia Iceland Nauru Slovakia United Kingdom
Dominican Republic Ireland The Netherlands Slovenia Uruguay Israel Nicaragua Vanuatu
A national from a country not on the list may only be the beneficiary of an approved H-2A petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition.
Note: If you request H-2A workers from both eligible and non-eligible countries, USCIS suggests that you file two separate petitions. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays.
Recordkeeping
Employers certified under H-2A must keep records of the hours each worker actually works. In addition the employer must retain a record of time "offered" to the worker but which the worker "refused" to work. Each worker must be provided a wage statement showing hours of work, hours refused, pay for each type of crop, the basis of pay (i.e., whether the worker is being paid by the hour, per piece, "task" pay, etc.). The wage statement must indicate total earnings for the pay period and all deductions from wages (along with an explanation as to why deductions were made).
Employers must maintain records concerning any worker who was terminated and the reason for such termination. The employer, in order to negate a continuing liability for wages and benefits to workers, must notify the NPC of any abandonment or abscondment. The employer should also indicate if replacement(s) will be sought for such worker(s).
Period of Stay
Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years.
A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.
Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2A worker’s authorized stay and not count toward the 3-year limit. See Calculating Interrupted Stay for H-2 Classifications for additional information.
Family of H-2A Workers
An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Employment-Related Notifications to USCIS
Petitioners of H-2A workers must notify USCIS within 2 workdays if any of the following occur:
No show: The H-2A worker fails to report to work within 5 work days of the latter of:
The employment start date on the H-2A petition, or
The start date established by the employer;
Abscondment: The H-2A worker leaves without notice and fails to report for work for 5 consecutive workdays without the consent of the employer;
Termination: The H-2A worker is terminated prior to the completion of the H-2A labor or services for which he or she was hired; or
Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2A petition.
petitioners must include the following information on the employment-related notification:
1.The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion”);
2.The reason for untimely notification and evidence for good cause, if applicable; 3.The USCIS receipt number of the approved H-2A petition; 4.The petitioner’s information, including:
Name
Address
Phone number
Employer identification number (EIN)
5.The employer’s information (if different from that of the petitioner):
Name
Address
Phone number
6.The H-2A worker’s information:
Full Name
Date of birth
Place of birth
Last known physical address and phone number
Additionally, to assist USCIS with identification of the H-2A worker, submit the following for each H-2A worker, if available:
Social Security Number
Visa Number
Failure to Notify USCIS: A petitioner who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required to pay $10 in liquidated damages for each instance of noncompliance.
h2a visa,
h2a visa statistics,
h2a visa sponsors,
h2a visa for indians,
h2a visa jobs,
agriculture visa,
h2a visa extension,
h2a beekeeping,
h2-a temporary for agricultural workers,
H-2A Program,
H-2A Workers,
H-2A Visa Jobs,
H-2A Visa Overstay,
F 2A and B Visa,
H-2A Visa Extension,
H-2A Visa Regulations,
H-2A Visa Seasonal Agricultural Workers
Indian firms are also in the US, creating as many as 280,000 jobs – 218,000 of which are held by citizens or green card holders.
Jason OverdorfSeptember 24, 2012 01:03
India's successful IT industry is moving up from back-office outsourcing, and into the consumer market in English speaking countries, using the internet. (Uriel Sinai/Getty Images)
this story is part of globalpost's continuing coverage of world business. for more visit our new business page.
NEW DELHI — Barack and Mitt have sparred a lot over outsourcing, with China and India as the main targets. But as a new article in India's Outlook magazine points out, there's more to the story than Indians stealing American jobs.
A report by India's National Association of Software and Services Companies (Nasscom) found this March that India's IT sector had created more than 280,000 jobs in the US over the past five years, 218,000 of which are held by US citizens and green card holders, the magazine reports.
"The US is the largest trading partner in the technology sector for the Indian industry and will continue to be so in the future," the magazine quotes Nasscom vice president Ameet Nivsarkar as saying. "Over a period of time, more and more companies are getting closer to their customers. This kind of work can be outsourced [to specialist firms based in the US] but it can't be offshored."
The magazine adds that it's not just IT firms that are creating jobs in the US, either. There are hundreds of Indian origin companies operating tin the US in the fields of education, manufacturing, financial services, healthcare and hospitality, the magazine says. And some of them have been there longer than you think.
Mahindra USA was incorporated in 1994 in Houston. Now it has four assembly and distribution facilities around the US, and Mahindra & Mahindra (the company's Indian parent) actually outsources jobs from India there.
Essar Americas, founded in 1999, now employs around 10,000 people, 99 percent of whom are American citizens, at iron ore and coal plants in Minnesota, West Virginia and Kentucky, as well as BPOs in Texas.
Another firm, Welspun, actually brought 200 unskilled Americans to India to train them in the manufacturing of steel pipe, because the firm didn't want to be seen as a foreign entity. It now employs some 600 people in Arkansas.
"when the US was going through a very difficult phase, we created more jobs and more opportunities, and that is also good for the company. It is not a social service," Outllook quotes Akhil Jindal, Welspun's head of finance and corporate strategy, as saying.
Both Welspun and Essar have made greenfield investments in the US, including a $1.7 billion iron ore pelletizing plant now underway at Essar's iron ore venture in northern Minnesota.
us visa news,
us visa news 2012,
us visa news india,
immigration visa news,
pa visa,
immigration visa attorney,
immigration visa uscis,
immigration visa laws,
immigration visa lottery
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer,a U.S. agent as described in the regulations,or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
Who is Covered
The Immigration and Nationality Act (INA) is administered by the Office of Foreign Labor Certification (OFLC) of the Employment Training Administration (ETA). The INA covers agricultural employers seeking to hire temporary agricultural workers under H-2A visas.
The work to be performed must be “of a temporary (or seasonal) nature,” meaning employment that is performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers(s) is truly temporary.
Who May Qualify for H-2A Classification
To qualify for H-2A nonimmigrant classification, the petitioner must:
Offer a job that is of a temporary or seasonal nature.
Demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
Show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Generally, submit with the H-2A petition, a single valid temporary labor certification from the U.S. Department of Labor. (A limited exception to this requirement exists in certain “emergent circumstances.”
H-2A Program Process Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL). Prior to requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers with DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor page.
Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2A employment from DOL, the employer should file Form I-129 with USCIS. With limited exceptions, the original temporary labor certification must be submitted as initial evidence with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)
Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:
Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa.
h2a visa,
h2a visa statistics,
h2a visa sponsors,
h2a visa for indians,
h2a visa jobs,
agriculture visa,
h2a visa extension,
h2a beekeeping,
h2-a temporary for agricultural workers,
H-2A Program,
H-2A Workers,
H-2A Visa Jobs,
H-2A Visa Overstay,
F 2A and B Visa,
H-2A Visa Extension,
H-2A Visa Regulations,
H-2A Visa Seasonal Agricultural Workers
The Form I-129 must include the following documents:
Current copy of the Department of Labor’s acceptance of the filing of an attestation on Form ETA-9081, Attestation for H-1C Nonimmigrant Nurses
Statement from the facility describing any limitation which the laws of the state or jurisdiction of intended employment place on your services
Evidence that you are or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and you are or will be practicing at a facility which provides health care services
Evidence that you have passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or have obtained a full and unrestricted (permanent) license to practice as a Registered Nurse in the state of intended employment or have obtained a full and unrestricted (permanent) license in any state or territory of the U.S. and received temporary authorization to practice as a Registered Nurse in the state of intended employment
Evidence that you have obtained a full and unrestricted license to practice professional nursing in the country where you obtained nursing education or have received nursing education in the U.S.
Evidence that you are fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize you to be employed) governing the place of intended employment to practice as a Registered Nurse immediately upon admission to the U.S.
Applying for a Visa at a U.S. Embassy or Consulate
If your Form I-129 is approved, we will send an approval notice on a Form I-797, Notice of Action, to your employer, who in turn will forward it to you. A Form I-797 approval notice may be used to apply for a nonimmigrant visa at a U.S. embassy or consulate.
Before applying for your visa, please check with the U.S. embassy or consulate where you will apply for their specific application requirements.
The following is required on the appointment date:
Valid passport and evidence of all previously issued visas
Original of Form I-797
Form DS-156, Nonimmigrant Visa Application, completed and signed (see the “Form DS-156, Nonimmigrant Visa Application” link to the right)
Passport valid for travel to the U.S. and with a validity date at least 6 months beyond your intended period of stay in the U.S
Form DS-157, Supplemental Nonimmigrant Visa Application, which is required for all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply (see the “Form DS-157, Supplemental Nonimmigrant Visa Application” link to the right)
One 2”x2” photograph
Period of Stay/Extension of Stay
Initial Period of Stay - Up to 3 years
Extension of Stay - Total stay is limited to 3 years. An extension of stay to complete the 3 year period of admission may be granted. However, an extension of stay may not be granted to extend the period of admission beyond the initial 3 year period of time.
Change of Employer
H-1C nonimmigrant classification is limited to employment with the specific hospital that filed the petition. A change of employer requires your new employer to file a new Form I-129, Petition for Nonimmigrant Worker. You cannot begin working for new employer until your Form I-129 is approved.
Family of H-1C Visa Holders
Your spouse and unmarried children under 21 years of age are entitled to H-4 classification. H-4 is the nonimmigrant classification for dependents of H principal aliens. Your dependents may not work in the United States under the H-4 classification.
H-1C Visa Cap
Only 500 H-1C visas will be issued each fiscal year. Also, there are numerical limitations for each state based on the state’s population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap for states with populations of 9 million or less is 25 per fiscal year.
Er Ashima Patl www.aisikitesi.com
h1c visa,
h1b visa,
h1c visa 2011,
h1c visa wiki,
h1c visa for nurses 2012,
h1c visa uscis,
h1c visa 2012,
h1c visa 2007,
h1c visa 2010,
H1C Visa 2012,
H2C Visa,
What Is H1C,
Nurse Work Visa USA,
Foreign Nurses Visa,
Visa Sponsorship for Nurse,
Visa Sponsorship for Foreign Nurses,
Green Card Privileges and Limitations
The H-1C nonimmigrant temporary worker classification is for foreign nurses coming to the United States temporarily to perform services as a registered nurse in a health professional shortage area as determined by the Department of Labor (DOL).
The H1C visa is for nurses who wishes to work in health professional shortage areas. Only 500 H1C visas are granted annually. The visa is valid for three years and cannot be extended. In order to qualify for the H1C visa, the nurse must be licensed or have obtained a nursing degree in the US and pass the NCLEX-RN exam.
The H-1C nonimmigrant category was introduced in 1999 specifically to address the shortage of nurses in the United States. Applying for an H-1C nonimmigrant visa is a multi-step process that involves coordination from DOL and USCIS. Prior to filing a petition with USCIS for an H-1C visa, DOL must provide an attestation to petitioning hospitals certifying that they meet the qualifications as required by regulation. Among the qualifications, hospitals are required to be located in a “health professional shortage area.”
This classification expired as of December 20, 2009.
Eligibility Criteria
To qualify for an H-1C visa you must:
Have a full and unrestricted nursing license in the country where your nursing education was obtained, or have received a nursing education and license in the United States
Be authorized by the appropriate U.S. State Board of Nursing to practice within the state
Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS), or have a full and unrestricted license to practice as an Registered Nurse in the state where you will work, or have a full and unrestricted Registered Nurse’s license in any state and have received temporary authorization to practice as an Registered Nurse in the state where you will work. For more information, please see the Commission on Graduates for Foreign Nursing Schools (CGFNS) link to the right
Have been fully qualified and eligible under the state laws of the state of intended employment to practice as a Registered Nurse immediately upon admission to the United States
The employer must meet edibility criteria in order to file a Form I-129, Petition for Nonimmigrant Worker, under the H-1C Program. To qualify, the U.S. employer must:
Be a “subpart D” hospital under the Social Security Act
Be located in a “Health Professional Shortage Area”
Have at least 190 acute care beds
Have a Medicare population of no less than 35%
Have a Medicaid population of no less than 28%
Be certified by the Department of Labor
Application Process
The Form I-129, Petition for a Nonimmigrant Worker, must be filed by a U.S. employer hospital that has received a notice of acceptance of the attestation for H-1C Nonimmigrant Nurses, from the Department of Labor.
Er Ashima Patel www.aisikitesi.com
h1c visa,
h1b visa,
h1c visa 2011,
h1c visa wiki,
h1c visa for nurses 2012,
h1c visa uscis,
h1c visa 2012,
h1c visa 2007,
h1c visa 2010,
H1C Visa 2012,
H2C Visa,
What Is H1C,
Nurse Work Visa USA,
Foreign Nurses Visa,
Visa Sponsorship for Nurse,
Visa Sponsorship for Foreign Nurses,
Green Card Privileges and Limitations
E-3 Certain Specialty Occupation Professionals from Australia
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.
E-3 Visa is nonimmigrant visa for nationals of Australia, coming coming to the United States solely to perform services in a specialty occupation. Similiar to H-1B visa, a Labor Condition Application (LCA) is required for E-3 visa(Certain Specialty Occupation Professionals from Australia). Spouse of E-3 visa holders are allowed to work in United States after filing for appropriate work authorization. Children of E-3 visa holders are not eligible for E-3D visa. The E3D visa holder does NOT need to be an Australian citizen.
Eligibility Criteria
To qualify for an E-3 visa, you must demonstrate that you:
Are a national of Australia
Have a legitimate offer of employment in the United States
Possess the necessary academic or other qualifying credentials
Will fill a position that qualifies as a specialty occupation
Applying for an E-3 Visa from Within the United States
The Form I-129, Petition for Nonimmigrant Worker is used to apply for a change of status to obtain E-3 nonimmigrant temporary worker classification.
Supporting Documents
Your Form I-129 must include the following documents:
A Labor Condition Application (LCA) which cannot be the same application used in a previous H-1B application. Until the Department of Labor develops a new LCA for an E-3, the applicant should use the standard ETA-9035 and ask that it be annotated as an E-3 LCA
Academic or other credentials demonstrating qualifications for the position
Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage
If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation
Applying for a Visa With a U.S. Embassy or Consulate
If your petition Form I-129 is approved, we will forward a Form I-797, Notice of Action/Approval to the employer, who in turn will forward it to you. A Form I-797 approval notice is not a U.S. visa, as the visa must be obtained at a U.S. embassy or consulate abroad. After Form I-129 is approved by USCIS, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad. Please visit the Department of State, Travel.state.gov Temporary Workers webpage for visa information, how-to-apply procedures, and U.S. embassy web contact information to learn more.
Period of Stay/Extension of Stay
Initial Period of Stay - 2 years
Extension of Stay - Up to 2 years per extension; no maximum number of extensions, with some exceptions.
Change of Employment
Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.
Note: Form I-129 is used to apply for an extension of stay or change of employment.
Family of E-3 Visa Holders
Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization. For more information on the application procedures, see the “Work Authorization” link to the right.
Er Ashima Patel www.aisikitesi.com
e3 visa usa,
e3 visa usa ireland,
e3 visa info,
e3 visa 2010,
e3 visa news,
e3 visa fee,
e3 visa extension,
e3 visa renewal,
e3 visa process,
Us E3 Visa for Australia,
E-3 Visa Process,
Transferring E-3 Visa,
E-3 Visa USA,
E3 Visa Info,
E3 Immigration,
Evidence Requirements
All documentation previously submitted in each investor application to the CNMI government should be submitted as part of each E-2 CNMI Investor petition to USCIS.
All Individuals
All individuals must provide the following evidence of admission to the CNMI in long term investor status prior to November 28, 2009, consisting of:
A valid unexpired foreign passport
A properly endorsed CNMI admission document (e.g., entry permit, entry certificate or foreign investor visa) reflecting lawful admission to the CNMI in long-term business investor, foreign investor, or retiree foreign investor status
An unexpired Long-Term Business Certificate, Foreign Investment Certificate, or a Foreign Retiree Investment Certificate
Individuals with a CNMI-issued foreign investor entry permit or long-term business entry permit
An applicant with a CNMI-issued foreign investor entry permit or long-term business entry permit must submit evidence to show that he or she has maintained his or her investment with the E-2 CNMI Investor petition. This evidence includes all of the following, as applicable:
An approval letter issued by the CNMI government
Evidence that capital has been invested, such as bank statements, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, or other agreements supporting the application
Evidence that the applicant has invested at least the minimum amount required, such as evidence of assets purchased or property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing secured by assets of the applicant
A comprehensive business plan for new enterprises
Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital
Current business licenses
Foreign business registration records, recent tax returns of any kind, evidence of other sources of capital
A listing of all resident and nonresident employees
A listing of all holders of business certificates for the business establishment
A listing of all corporations in which the applicant has a controlling interest
Copies of annual reports of investment activities in the CNMI showing that the certificate holder of a foreign investment is under continuing compliance with the standards required. Each report must be accompanied by an annual financial audit report performed by an independent certified public accountant
Individuals with a CNMI-issued retiree investor permit
CNMI retiree investors should submit the following with their applications for E-2 CNMI Investor status:
Proof that the foreign applicant has an interest in property in the CNMI, such as a lease agreement
Proof of the value of that property, such as an appraisal
Proof of any improvements to the property, which could include receipts or invoices of the costs of construction, the amount paid for a preexisting structure, or an appraisal of improvements
The CNMI-Only Investor (E-2) visa classification allows foreign, long-term investors to remain lawfully present in the CNMI through December 2014 while they resolve their immigration status. This classification is intended to help as the CNMI transitions from the CNMI permit system to U.S. immigration laws.
Obtaining E-2 CNMI Investor Status (E2C)
Obtaining E-2 CNMI Investor Status (E2C) Initial Application
You must file your initial Form I-129 petition and Supplement E with USCIS before January 18, 2013. USCIS will reject initial petitions filed after that date.
Length of Stay
Your E-2 CNMI investor status is valid in the CNMI initially for two years. If you have a spouse or minor children accompanying or following to join you in the CNMI, they will have the same validity period as you. An E-2 CNMI Investor status is extendable in 2 year increments ending on December 31, 2014.
Extending Your Stay
To apply for an extension of stay, you must file a new Form I-129 and Supplement E with the required evidence and fee.
Individuals in the CNMI seeking an initial Grant of Status in the CNMI
There is additional guidance you must follow if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information please visit the grant of status webpage.
General Qualifications for an E-2 CNMI Investor
To qualify for E-2 CNMI Investor status, you must:
Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before November 28, 2009
Have continuously maintained residence in the CNMI under long-term investor status
Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status
Otherwise be allowed to enter the United States under the U.S. Immigration and Nationality Act (INA)
CNMI Investor Statuses that Qualify for E2C Status
You qualify for E-2 CNMI Investor status if you held one of the following long-term CNMI investor statuses under CNMI Immigration law:
A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000
A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment
A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the 2-year non-renewable retiree investor program limited to Japanese nationals)
CNMI Investor Statuses that Do Not Qualify for E-2 Status
You are not eligible for an E2C visa if you held one of the following CNMI investor statuses under CNMI Immigration law:
The sub-category of the retiree investor specifically limited to Japanese retirees
