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EMPLOYMENT VISA

Employment visas allow a foreign national to work in the U.S. for a temporary period of time. Every year lakhs of people from all over the world apply for these visas and hence the competition to get them is fierce. They are usually issued on a temporary basis and are typically contingent upon a person’s employer sponsoring an employment visa. The U.S based organization should first complete and submit an immigrant application for foreign employee. If the application is approved by the U.S. Department of State, the organisation can sponsor the employment visa.

LIST OF DOCUMENTS REQUIRED FOR AN EMPLOYMENT VISA

  1. Original passport valid for a minimum of 6 months and having at least 3 blank visa pages.
  2.  A photocopy of the data page of the passport.
  3.  Two passport size photographs (2X2 inch).
  4. An Indian Government visa application form duly filled in online. The application form for regular/paper visa can be found on the official website www.indianvisaonline.gov.in
  5. The original employment contract of the applicant (in English). This should be stamped and signed by the Indian company (this document will be retained at the Embassy). The contract should show a minimum salary of 16.25 lakhs per annum. Minimum benchmark for salary is exempted certain cases. For NGOs-Honorarium up to a ceiling of Rs.10,000/- per month is applicable/eligible. For persons of Indian origin and spouse/children of Indian citizen/OCI card holder (other than those who are registered as OCI card holder) must draw a minimum salary of Rs.3.60 Lakh per annum.
  6. The ‘Certificate of incorporation’ of the Indian company or ‘Registration Certificate’ of the NGO.
  7. The ‘Employment visa proforma’ filled in English.
  8. An undertaking written on the company letterhead (in English) from the Indian company stating that no Indian national has the skills/expertise required nor is eligible for the job that you are being hired for. This letter will have to be in original, stamped and signed.
  9.  Undertaking written on the company letterhead (in English) as per the standard model ‘Income tax payment undertaking’ in original, stamped and signed. Your salary must be mentioned in this document.
  10.  The applicant’s CV (in English).
  11. Photocopies of diplomas or professional certificates justifying the applicant’s expertise in the proposed field of work in French or in English. All foreign diplomas will need to be translated to English. If you are teaching French, a diploma confirming that you have the qualifications to teach is necessary.
  12.  Declarations to be filled by applicants when applying.

PROCEDURE FOR EMPLOYMENT VISA

Step 1: Decide whether you’re applying on-line or offline.

Step 2: Get all necessary documents from your current and former employers.

Step 3: Complete the visa form by filling in the required info.

Step 4: Pay the fees for visa process.

Step 5: Send the application to the embassy.

TYPES OF U.S. WORK VISAS

H-1B VISA

The H-1B visa is a common non-immigrant visa. To obtain an H-1B, you want to have a proposal of employment from a U.S. employer. Your projected job position should be in an exceedingly specialty occupation, that sometimes means a bachelor’s degree or higher is needed to try and do the task. The U.S. leader should sponsor you for the H-1B visa by filing an I-129 petition with U.S. Citizenship and Immigration Services (USCIS).

L-1 VISA

The L-1 non-immigrant visa is for workers who work for a remote company that’s an affiliate of a U.S. company. L-1 workers are transferred from the foreign company branch to the U.S. company branch. Or the L-1 worker may be transferred by the foreign company to the U.S. to ascertain a U.S. office.

L-1 visa is divided into 2 categories:

  • L-1A (managerial/executive capacity) and
  • L-1B (specialized knowledge).

The L-1 visa application is also created on the I-129 petition (filed with USCIS by the U.S. employer).

O-1 VISA

The O-1 nonimmigrant visa is for aliens of extraordinary ability who are coming to the U.S. to work in their field of experience. To get an O-1 visa, you want to have a proposal of employment from a U.S. employer and prove that you are simply extraordinary in your field.  To prove you’re extraordinary, you want to meet 3 of six conditions. These embody earning a high remuneration (remuneration), creating original contributions to your field, receiving achievements/awards, and performance in a leading and critical role in your field. The U.S. employer files an I-129 petition on your behalf, that additionally should include a letter from your industry’s trades union stating that the union has no objection to your planned U.S. employment.

E-1 VISA

The E-1 nonimmigrant visa permits nationals of certain countries to come to the U.S. so as to hold on trade activities. You want to be a national of a country that maintains a trade accord with the U.S., and you want to establish that you are coming to the U.S. consistently for trade. Also, if you would like to come under this visa, you have got to take a significant amount of cash during a U.S. business, and prove that you are coming back to the U.S. for investment. Typically, you apply for an E-1 visa at the U.S. diplomatic building in your home country, and you do not file any documents with USCIS.

TN VISA

The TN visa was created by NAFTA (the North American free trade Agreement). The TN visa permits solely Canadian and Mexican voters to come to the U.S. to work for a U.S. employer. To qualify for a TN visa, you need to prove that you are a national of North American nation or United Mexican States, and that you have employment provide with a U.S. employer, which your position qualifies for the TN visa under NAFTA.

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