Temporary Visas

As of the writing of this note (October 19, 2007), H1B1 (for Chileans) is not one of the categories of immigration petitions/applications for which USCIS Premium Processing is available.

As of the writing of this note (October 19, 2007), H1B1 (for Singaporeans) is not one of the categories of immigration petitions/applications for which USCIS Premium Processing is available. 

The USCIS has announced that the H-1B cap for regular cases was reached on April 2, 2007, i.e., the first day that the filing was permitted.  This means that petitions for regular cases will go into a random selection lottery.  The USCIS does not yet know whether the Master's cap was reached or not.  The USCIS notice appears below, and as an attached PDF file.

The USCIS has announced that the H-1B cap for regular cases was reached on April 2, 2007, i.e., the first day that the filing was permitted. This means that petitions for regular cases will go into a random selection lottery. The USCIS does not yet know whether the Master's cap was reached or not. The USCIS notice appears below, and as an attached PDF file.

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for visa, please see Applying for a TN Visa - Required Documentation.

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

Professionals of Canada may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian citizen has the qualifications of the profession 

Source: U.S. Department of State

NAFTA is the North American Free Trade Agreement.  It creates special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States.  Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

Source: U.S. Department of State 

Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

Students may leave the United States and be readmitted after absences of five months or less. Upon your return to the United States, you should provide immigration inspectors with:

• A valid passport.
• A valid F-1 entry visa stamped in the passport (if necessary).
• A current SEVIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) signed by your appropriate school official (you should have the appropriate school official sign your SEVIS Form I-20 each time you wish to temporarily travel outside the United States).
• A new SEVIS Form I-20 A-B/I-20 ID if there have been any substantive changes in your course of study or place of study.
• Proof of your financial support.

When making your travel plans, please remember that you must be a full-time student to keep your F-1 student status. You will be considered to be "in status" if you take the annual summer vacation, as long as you are eligible and intend to register for the next school term.

In general, "anyone can apply for a [temporary] visa in Moscow or the other U.S. Consulates in the Russian Federation" even if one is not a Russian citizen. However, one's chances of having the visa approved are lower when one does not apply in one's home country because U.S. Consular officials may not be able to properly evaluate the application for non-Russian citizens, so one's chances of approval may be lower outside of one's home country. The U.S. Embassy states:

While anyone can apply for a visa in Moscow or the other U.S. Consulates in the Russian Federation, it will be more difficult for a consular officer to determine the eligibility of visa applicants who are not residents of the consular district where the interview is conducted. On the other hand, a consular officer should be able to evaluate the visa qualifications of non-Russian citizens who live in Russia just as easily as those of Russian applicants.

The following is list of professions which qualify for TN status under NAFTA, and the applicable minimum education requirements and alternative credentials. The U.S. State Department notes:

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, alternative criteria to a bachelor's degree is listed. For some professions, experience is required in addition to the degree.

The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority. Proof of licensure to practice in a given profession in the United States may be offered along with a job offer letter, or other documentation in support of an application for an H-1B1 visa.

Under certain circumstances, non-U.S. citizens are permitted to enter the U.S. without a visa (see section on Travel Without a Visa, e.g., Visa Waiver (for visitors), Citizens of Bermuda, Citizens of Canada, Citizens of Mexico, Citizens of Micronesia and the Marshall Islands).

However, unless a non-U.S. citizen qualifies for one of those travel without a visa provisions, the general requirement is that in order for a non-U.S. citizen to work in the United States for any period of time, receive training, or study, or visit the country: he or she must obtain an appropriate temporary visa.

For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

A "specialty occupation" for E-3 visa purposes is generally an occupation which requires a bachelor's or higher degree in a specific specialty, such as a teacher, physician, computer programmer, engineer, accountant, etc. The more technical definition of a "specialty occupation" is an occupation which requires:

1. A theoretical and practical application of a body of specialized knowledge, and
2. The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

This section discusses some of the most popular temporary work visas which are used by foreign nationals to enter the U.S. and work in various occupations for various periods of time.

Note that these are not the only types of work visas which are available. In addition, foreign nationals sometimes obtain the authorization to work based on other qualifications, such as by qualifying for "Temporary Protected Status", for individuals from certain countries which are experiencing some-type of strife. Likewise, some foreign nationals obtain temporary work status as part of their student visas, or as a precursor to obtaining permanent residency status.

Anyone considering the various options, should take a look at the List of Temporary Visas and Classifications, as well as the List of of primary avenues to U.S. Permanent Residency (“Green Card” status).

It is also important to note that certain nationals have special types of work authorization available to them, e.g., Canadians, Mexicans, Australians, Singaporeans, etc.

On 12/19/2006, the USCIS announced Processing Changes for Waivers of 2 Year Home Residency Requirement (which applies to certain individuals who held J exchange visitor status in the U.S.).  First, as of 11/1/2006, the USCIS "Nebraska, Texas and Vermont Service Centers began forwarding to the California Service Center any new filings of Form I-612, Application of Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act (INA), as amended, that are based on claims of exceptional hardship or persecution."  Second, "effective October 10, 2006, all INA 212(e) waiver recommendations received by USCIS from the Department of State (DOS) based on a “no objection” statement from the individual’s home country, a request by an interested United States government agency, or a request by a State Department of Health (State Conrad 30) are being forwarded to the Vermont Service Center (VSC) for processing."

According to a Liaison between the American Immigration Lawyers Association and the U.S. Department of State: E visa processing is to be consolidated at the U.S. Embassy in Rome and U.S. Consulate in Milan, effective Jan 1, 2007.  Applicants for E visas "in the Florence and Naples consular districts will be asked to apply in Rome, but may also apply in Milan providing they are residents of or physically present in Italy."  This change in procedures is intended to "ensure uniform processing and posts plan to set up dedicated channels of communication for applicants and their attorneys."

The USCIS has announced that after completing a policy review that it was clarifying that “any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.”  Likewise, the USCIS also announced that “time an alien has spent time in L-2 dependent status will not count against the time available to the alien in L-1A or L-1B status.”  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006.