Showing posts with label h1b visa. Show all posts
Showing posts with label h1b visa. Show all posts

Monday, 24 September 2012

USA H1C Visa Documents


USA H1C Visa Supporting Documents



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


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USA H1C Visa Institute

USA H1C Visa Eligible Hospitals




Foreign nurses who intend to work for eligible US hospitals.

The DOL identified the following 14 hospitals as currently eligible to participate in the H1C program:

  • Beaumont Regional Medical Center, Beaumont, Texas
  • Beverly Hospital, Montebello, California
  • Doctors Medical Center, Modesto, California
  • Elizabeth General Medical Center, Elizabeth, New Jersey
  • Fairview Park Hospital, Dublin, Georgia
  • Lutheran Medical Center, St. Louis, Missouri
  • McAllen Medical Center, McAllen, Texas
  • Mercy Medical Center, Baltimore, Maryland
  • Mercy Regional Medical Center, Laredo, Texas
  • Peninsula Hospital Medical Center, Far Rockaway, New York
  • Southeastern Regional Medical Center, Lumberton, North Carolina
  • Southwest General Hospital, San Antonio, Texas
  • St. Bernard Hospital, Chicago, Illinois
  • Valley Baptist Medical Center, Harlingen, Texas

Er Ashima Patel
www.aisikitesi.com

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USA H1C VIsa


H-1C Registered Nurses 


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


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Friday, 7 September 2012

usa visa Application Process

H1B Application Process


For Immigration Inquiry 
contact- +918109038880



Step 1: (only required for specialty occupation and fashion model petitions):  Employer Submits LCA to DOL for certification. 
The employer must apply for and receive DOL certification of an LCA.  For further information regarding LCA requirements and DOL's inert process, see the "Foreign Labor Certification, Department of Labor" link to the right.

Step 2:  Employer Submits Completed Form I-129 to USCIS.
The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center.  Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models).  See the instructions to the Form I-129 for additional filing requirements.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required).   Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

Labor Condition Application (LCA)
Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:

The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay.  Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.

H-1B Cap
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.  Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.



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H-1B Specialty Occupations

H-1B Specialty Occupations

For Immigration Inquiry 
contact- +918109038880

.

General Requirements

The job must meet one of the following criteria to qualify as a specialty occupation:


  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occuption from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.



Labor Condition Application Required..

Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.  See the links to the Department of Labor’s (DOL) Office of Foreign Labor Certification and USCIS forms to the right.

Occupation List
Occupations In Architecture, Engineering, And Surveying 
  • Architectural Occupations, 
  • Aeronautical Engineering Occupations,
  • Electrical/ Electronics Engineering Occupations,
  • Civil Engineering Occupations, 
  • Ceramic Engineering Occupations, 
  • Mechanical Engineering Occupations,
  • Chemical Engineering Occupations,
  • Mining And Petroleum Engineering Occupations, 
  • Metallurgy And Metallurgical Engineering Occupations,
  • Industrial Engineering Occupations, 
  • Agricultural Engineering Occupations, 
  • Marine Engineering Occupations, 
  • Nuclear Engineering Occupations, 
  • Drafters,
  • Surveying/ Cartographic Occupations,
  • Other Occupations In Architecture, Engineering, And Surveying.
Occupations In Mathematics And Physical Sciences 
  • Occupations In Mathematics, 
  • Occupations In Astronomy,
  • Occupations In Chemistry, 
  • Occupations In Physics, 
  • Occupations In Geology, 
  • Occupations In Meteorology, 
  • Other Occupations In Mathematics And Physical Sciences 
Computer Science & IT, and Telecom Occupations 
  • Occupations In Systems Analysis And Programming, 
  • Occupations In Data Communications And Networks, 
  • Occupations In Computer System User Support, 
  • Occupations In Computer System Technical Support,
  • Other Computer-Related Occupations
Occupations In Life Sciences 
  • Occupations In Agricultural Sciences, 
  • Occupations In Biological Sciences, 
  • Occupations In Psychology, 
  • Other Occupations In Life Sciences  
Occupations In Medicine And Health 
  • Physicians And Surgeons, 
  • Osteopaths, 
  • Dentists,
  • Veterinarians,
  • Pharmacists, 
  • Registered Nurses, 
  • Therapists, 
  • Dieticians, 
  • Occupations In Medical And Dental Technology, 
  • Other Occupations In Medicine And Health
Occupations In Education & Research 
  • Occupations In College And University Education, 
  • Occupations In Secondary School Education, 
  • Occupations In Preschool, Primary School, And Kindergarten Education, 
  • Occupations In Education Of Persons With Disabilities,
  • Home Economists And Farm Advisers, 
  • Occupations In Vocational Education,
  • Other Occupations In Education   
Occupations in Writing and Languages 
  • Writers, 
  • Editors: Publication, Broadcast, And Script, 
  • Other Occupations In Writing   
Occupations in Finance and Administrative Specializations
  • Accountants, Auditors, And Related Occupations, 
  • Budget And Management Systems Analysis Occupations, 
  • Purchasing Management Occupations, 
  • Sales And Distribution Management Occupations, 
  • Advertising Management Occupations, 
  • Public Relations Management Occupations, 
  • Personnel Administration Occupations, 
  • Inspectors And Investigators, Managerial And Public Service, 
  • Other Administrative Occupations   
Occupations in Business Management & Administration 
  • Agriculture, Forestry And Fishing Industry Managers And Officials, 
  • Mining Industry Managers And Officials, 
  • Construction Industry Managers And Officials, 
  • Manufacturing Industry Managers And Officials, 
  • Transportation, Communication, And Utilities Industry Managers And Officials, 
  • Wholesale And Retail Trade Managers And Officials, 
  • Finance, Insurance, And Real Estate Managers And Officials
  • Service Industry Managers And Officials, 
  • Public Administration Managers And Officials, 
  • Miscellaneous Managers And Officials    
Other Specialty Occupations as listed below 
  • Occupations In Economics, 
  • Occupations In Political Science, 
  • Occupations In History, 
  • Occupations In Sociology, 
  • Occupations In Anthropology,
  • Other Occupations In Social Sciences, 
  • Librarians, 
  • Archivists, 
  • Museum Curators And Related Occupations, 
  • Other Occupations In Museum, Library, And Archival Sciences, 
  • Lawyers, 
  • Judges, 
  • Other Occupations In Law And Jurisprudence, 
  • Clergy, 
  • Other Occupations In Religion And Theology, 
  • Commercial Artists: Designers And Illustrators, Graphic Arts, 
  • Environmental, Product, And Related Designers, 
  • Other Occupations In Art, 
  • Occupations In Music,
  • Other Occupations In Entertainment And Recreation, 
  • Occupations In Social And Welfare Work,
  • Miscellaneous Professional, Technical, And Managerial Occupations, Sales Promotion Occupations, 
  • Fashion Models

www.aisikitesi.com
contact-  +918109038880



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Thursday, 6 September 2012

H-1B Visa

USA H-1B visa


For Immigration Inquiry 
contact- +918109038880
The H-1B visa / status classification allows a foreign worker to enter the US temporarily for the purpose of performing services in a specialty occupation for the US employer.
                                        The H-1B visa / status classification requires that the foreign national have the equivalent of a US Bachelors degree in a field related to that occupation. A foreign national can hold the equivalent of a US Bachelors degree in a related field through education in North America or abroad, or through a combination or education and experience.

 

H1B Visa Classifications

Workers in a specialty occupation and the following sub-classifications: H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore. H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects. H-1B3 - Fashion models of distinguished merit and ability. 

Visa cap

Individuals are not able to apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits. US employers can begin applying for the H-1B visa six months before the actual start date of the visa. Employers can apply as soon as April 2, 2012 for the FY 2013 cap, but the beneficiary cannot start work until October 1, 2012.
Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas issued for overseas workers in professional or specialty occupation positions, and an additional 20,000 visas available for those with an advanced degree from a US academic institution. Once the visa cap has been reached, USCIS will stop accepting H-1B petitions for FY 2013 and will not accept new applications until April 2013.

Eligibility

The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
  • Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent.
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
  • The employer normally requires a degree or its equivalent for the position.
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
  • Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.
  • Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
  • Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Positions that are not specialty occupations, or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa. Also, applicants that are not eligible for H-1B visas may want to check out the L-1 visa. The L-1 visa a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to their US operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.

Visa length

The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.
Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.

Family & Dependents

H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status. While, an H4 visa holder is not eligible to work in the US, they may attend school, obtain a driver's license and open a bank account while in the US


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