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What is a business visa and what conditions are needed to apply for it?
Visa regulations for Chinese citizens traveling to the United States
Visa types
U.S. visas include immigrant visas and non-immigrant visas. There are more than 30 categories of non-immigrant visas, and each visa consists of one (or several) English letters and a numerical code.
Visa is an entry document. Different types of visas give the holder different "status" and different activity rights in the United States, such as traveling, studying, working, investing, etc. In the United States, you can apply to change your "identity". Of course, this is not easy. Those who apply to go to the United States need to consider certain special regulations of the United States regarding your visa status according to their own purposes. The requirements for applying for a certain type of visa and Depending on factors such as the possibility and restrictions of changing status in the United States, choose the approach that suits you.
The regulations for applying for a visa, changing status, and applying for residence or visa extension are relatively complicated. The U.S. government and immigration regulations and requirements for various types of visas and immigration are not static. Applicants should pay attention to these changes. And consult authoritative institutions or persons.
Scope of non-immigrant visas
Non-immigrant visas in the United States include study visas, tourist visas, marriage visas, and training and exchange visits in the United States.
The main foreigners who are suitable to apply for non-immigrant visas are: tourists or relatives, self-financed students studying abroad, visiting scholars, journalists, literary and sports workers, transit personnel, seafarers, aircrews, and short-term workers. and government officials, diplomatic and consular officials, etc.
General entry and residence periods are half a year, 1 year, 3 years, etc., the longest is 5 years, and the shortest is 3 months (excluding transit visa).
To apply for a non-immigrant visa in the United States, you should prepare the application form, passport, photos and supporting documents, etc., and submit it to the U.S. Consulate. Applicants may apply for a non-immigrant visa to a U.S. consulate in any country, but the only condition is that they must be present in person.
Applicants for non-immigrant visas should prove that they have no intention of immigrating to the United States. To this end, the applicant should prove the following three facts:
(1) Have a permanent residence in the country and have no intention of giving up;
(2) Propose a clear plan to Your stay in the United States is only temporary to complete a specific purpose of travel;
(3) Prove that you have sufficient funds to maintain your personal life during your stay in the United States.
Generally speaking, U.S. consulate officials will approve most non-immigrant visa applications as long as they meet the conditions. It is best for the applicant to tell the consular officer truthfully about any difficulties he has, but he should also argue with reason.
Basics for reviewing non-immigrant visa applications
U.S. immigration law prohibits the issuance of non-immigrant visas to persons who intend to permanently reside or work in the United States. When U.S. consular officials review whether an applicant meets the requirements for a non-immigrant visa, they also make decisions based on judgment. That is, the consular officer’s decision on whether to issue a visa mainly depends on the opinion formed by judging the application materials. Therefore, sometimes applicants are viewed with suspicion even if they have no motive to immigrate.
This suspicion cannot be lifted until he presents sufficient evidence when applying for a visa and requesting entry to convince consular officials and immigration officials that he has non-immigrant status as stipulated by law. If immigration suspicion cannot be ruled out after review, an entry visa will be refused.
Consular officials generally review applicants from the following aspects:
(1) The true purpose of applying to enter the United States.
Whether the applicant is entering the United States for short-term tourism, visiting relatives, visiting, studying abroad, or entering the United States in a non-immigrant manner with the ultimate goal of permanent residence. The consular officer focuses on judging the applicant's intention to go to the United States and assumes whether the applicant will stay in the United States in other ways after being allowed to enter the country. Focus on whether the applicant has a formal job, or has lost his job, and whether his job is guaranteed after returning to the country. Also consider whether the applicant has ever applied for an immigrant visa and been rejected, and the true purpose of going to the United States.
(2) After the applicant is allowed to enter, if the period of residence expires, will he be able to leave the United States on time?
The main purpose is to examine whether the applicant has inseparable relationships with the country. Are there any positions that you are unwilling to give up, are there relatives in your family that you are unwilling to give up, are there inseparable family ties, and other social, economic, cultural and other factors, such as holding important positions at work in the country; or are there Have a certain reputation, or have certain property in the country, etc. The closeness of these relationships determines whether the applicant can return to his or her home country as soon as possible once the period of residence expires.
(3) Whether the applicant’s round-trip expenses and living expenses during the period of residence are reliably guaranteed.
U.S. law prohibits the entry of foreigners who would become a public charge. Therefore, consular officials must carefully examine the guarantor's ability to provide guarantee, mainly considering the economic status, professional status, and social status of American relatives and friends. If the length of stay applied for entry does not match the sponsoring ability of relatives and friends, it will be doubtful whether the applicant is prepared to make a one-way trip.
In recent years, due to the increase in the number of people who have overdue their visas in the United States, many applicants are required to be reviewed in person.
The interview is not only a comprehensive judgment by the consular officer on the applicant’s motivation for entry and whether the application conditions meet the standards, but also an opportunity for the applicant to fully defend himself and explain his motivation for entry and application conditions. Applicants should proactively state their reasons and conditions to convince the consular officer that their purpose of entering the United States is indeed to visit relatives and friends, study abroad, or travel; they have no intention of working or settling in the United States.
I have very close social, family, economic and cultural ties with my motherland, and I have to return to my motherland after the expiration of my residence period; I do have sufficient financial security, and I will not be able to return to my motherland after arriving in the United States. There is no need to earn a career, and it will not be a burden on the American public. Applicants must clearly demonstrate to the consular officer that they have full non-immigrant status so that they can obtain a visa as quickly as possible.
Several situations where it is difficult to obtain a non-immigrant visa
Applicants who fall into the following situations often have difficulty in obtaining a non-immigrant visa.
(1) Young people who have not yet started a family or a career, such applicants are often considered to have no worries and are most likely to stay in the United States;
(2) There is no satisfactory job in the country , do not have a certain social status, and do not take on important jobs, they often give up their jobs easily and seek new careers in the United States; (4) American relatives and friends have a low living standard and do not have the guarantor's ability to guarantee; < /p>
(3) Relatives and friends in the United States have rich property and a high standard of living. It is easy to think that the rich economic income of relatives and friends will attract applicants to reside permanently in the United States.
Based on the above considerations, consular officials often have difficulty in issuing visas.
US immigration law stipulates that in order to safeguard the national interests of the United States, visas shall not be issued to the following persons:
People with mental illness, drug abuse, and alcoholism; psychopaths, sexual perverts, and homosexuals ; Abject poverty, professional beggars; those who have been sentenced to a prison term of 5 years or more for immoral crimes; those who practice polygamy (husbands); those who are prostitutes or have participated in or smuggled women into the United States for prostitution; those who have committed other commercial crimes Applicants who cannot support themselves and are likely to need taxpayer support in the United States in the future; who suffer from dangerous infectious diseases, such as tuberculosis, leprosy, syphilis, and AIDS; applicants who cannot read or understand any writing or language; applicants who apply A person who deliberately encourages or assists other foreigners to enter the United States illegally or intends to enter the United States for profit; the applicant has entered the United States as an "exchange visitor" (J visa holder) and applies for entry again within two years after leaving the United States The applicant has been arrested and deported from the United States, or has been deported; the applicant has obtained a U.S. visa by deceptive means and deliberately distorted the truth; the applicant has been convicted of narcotic drug-related laws, or have not dealt in drugs or marijuana; the applicant is attempting to enter the United States to engage in any extreme or subversive activities.
If you don’t know why you were rejected, you can ask the consular officer if you need supplementary materials, and then try to get the relevant certificates to make a further application. In this case, new and more sufficient proof must be issued before approval is possible.
Category codes for non-immigrant visas
The categories of non-immigrant visas in the United States are coded with English letters, arranged in order from letters A to L, and each type of visa is represented by Arabic numerals. be further divided into specific categories. For example, the most common type B visa is B-1 visa issued to business personnel, and B-2 visa issued to tourists and relatives.
The types, codes and permitted periods of residence of non-immigrant visas are briefly introduced as follows:
Type A visa: Diplomatic official visa. Type A visas are mainly issued to senior government officials, diplomatic and consular officials and ordinary government officials of various countries, as well as their family members and accompanying persons. The validity period of the visa is the same as the term of employment.
B visa: Business tourist visa. Category B visa is the one with the most applicants and the highest issuance rate among non-immigrant visas. It mainly includes trade and business personnel, tourism personnel, personnel visiting relatives and friends, personnel participating in various literary and artistic and sports competitions, and personnel participating in religious and group meetings, etc. Class B visas are divided into two types: B-1 and B-2. The B-1 visa is a short-term business visa for business trips to the United States; the B-2 visa is a short-term tourist visa for travel to the United States. Generally, the validity period of Type B visa is 3 months, half a year or 1 year. Category B visas can be extended by application, and each extension shall not exceed 6 months.
Category C visa: transit visa. Issued to people traveling to foreign countries through the United States, and can stay in the United States for 3-7 days.
Category D visa: crew and seafarer visa. Mainly issued to crew members, seafarers, etc. on international flights and ships in various countries.
E visa: Treaty investor visa. Different from the business visa in Category B: it is mainly issued to investors, entrepreneurs, businessmen and their family members dispatched by countries that have signed various investment, shipping, and business bilateral agreements with the United States. The validity period of the visa is generally 1 year or 5 years. The E-2 visa can initially obtain a 5-year residence period, and finally obtain an indefinite residence right.
F visa: Study abroad visa. It is mainly issued to students who enter the United States for a short period of time and study full-time at the expense of individuals or relatives and friends, as well as their spouses and unmarried children under the age of 21.
The visa validity period is the same as the duration of study.
G visa: Visa for employees of international organizations. It is mainly issued to officials of various international organizations based in the United States or representatives of various governments stationed in these international organizations, as well as their families and employees. The visa period is the same as the employment period. and their families, etc.
H visa is usually valid for 1 year.
J visa: Exchange visiting scholar visa. J visas are issued under a U.S. government-approved bilateral exchange program for visiting scholars, such as university professors, lecturers, researchers, graduate students, experts, and their spouses and unmarried children under the age of 21. The validity period of J visa is consistent with the period of visit.
K visa: Entry visa for the fiancé or fiancée of a U.S. citizen. K visa can also be called a marriage visa. The validity period of K type visa is generally 3 months or 6 months.
L visa, visa for employees of multinational companies. It is mainly issued to employees of U.S. multinational companies' foreign subsidiaries or offices and enterprises who are temporarily transferred to the United States due to company business needs, as well as their spouses or children. The visa is valid for 1 year.
M visa: This is a short-term student visa issued to students studying full-time in non-academic or vocational schools in the United States.
O visa: This visa is issued to individuals who have outstanding talents in science, art, education, business or sports, enjoy international and domestic reputation, and have outstanding achievements in film and television production. family members and accompanying persons.
P type visa: This visa is issued to athletes or actors of international level, whether individually or as a member of a sports team, or as a member of a performing arts group of international level.
Q visa: This visa is issued to foreigners who come to the United States for a short period of time (no more than 15 months) to participate in international cultural exchange programs.
R visa: Visa for religious personnel to visit the United States. The duration of stay in the United States with this visa cannot exceed 5 years. These talents include: missionaries, professional religious workers and clergy, and religious personnel working for non-profit religious organizations or tax-exempt religious organizations.
Documents required for a U.S. visa
Visa to the United States is divided into two categories: immigrant visa and non-immigrant visa. There are more than a dozen different requirements, so various certificates are also required. document. Here are some of the main supporting documents required for a US visa:
1. Personal identity documents - valid passport, birth certificate, ID photo.
2. Documents proving family background - current household registration, copy of household registration relationship, family photos, adoption certificate, adoption certificate, etc.
3. Professional certification documents - work service certificate, company application letter, salary and withholding voucher, position certificate, etc.
4. Marriage certification documents - unmarried certificate, marriage certificate, divorce certificate, engagement certificate or affidavit. Marriage documents include engagement letter, marriage photos, letters, relatives and friends' certificates and other documents and notarization.
5. Educational qualification documents - graduation certificate, completion certificate, TOFFE transcript, school transcript, degree certificate, letter of recommendation from professors and experts, professional papers, etc.
6. Certificate of law-abiding and good citizen - notarized certificate of no crime (also known as police certificate, exempt for those under 16 years old), certificate of release of prisoner from prison, etc.
7. Health status certification documents - physical examination form, chest X-ray photo, vaccination, immunization certificate, etc. issued by a qualified hospital (unit designated by the US Immigration Service).
8. Documents proving personal property - usually include property documents such as stocks, real estate deeds, tax bills, bank books, etc. that prove personal ownership.
If you apply to go to the United States for business inspection, investment, factory establishment, or subsidiary establishment (those holding B-1, E-2, or L-1 visas), you will need more documents to prove your assets. Documents proving assets include: real estate ownership certificate, sales contract, lease contract, land value tax and housing tax payment certificates, trust certificates and public bonds, bank term and current certificates, etc. In addition, the applicant still needs to provide proof of the company or branch, such as: company articles of association, company license, shareholder list, company unified invoice and tax payment form related to business tax and stamp duty, company assets and liabilities sheet, company operations, profit and loss statement , the company's current account number and deposit certificate, the company's foreign exchange certificate, and sometimes even resolutions from the company's shareholders or board of directors, employee rosters, employee tax payment vouchers, on-site photos of investment projects, etc.
9. Certificate of Support for Living: When an applicant applies for a beneficiary to come to the United States, he or she usually needs to provide a certificate of supporting for living. The so-called living guarantee certificate includes: the applicant’s personal financial support document or employer’s certificate, as well as the applicant’s living guarantee affidavit for the beneficiary, etc.
10. Other documents that may be required, such as certain correspondence, business telegrams, contracts, letters of attorney, consents, authorizations, etc.
11. Sometimes a fingerprint card of the applicant is required. If you apply for naturalization, you need a fingerprint card. Fingerprint cards are sometimes required during immigration interviews, so you should have a notarized fingerprint card ready. When applying for different types of visas to the United States, in addition to filling in different forms, you must also provide relevant documents (originals) issued by various countries and regions of original residence required by the US Immigration Bureau.
The requirements for preparing these documents are as follows:
(1) The original documents must be provided, together with their copies, and submitted to the Immigration Bureau of the US Consulate for identification. Applicants can take back the original documents on the spot and give copies of the documents to immigration officials.
(2) The copy (photocopy) of the original document must be completely consistent with the original document. And official legal notarization must be obtained to prove that the copy is complete with the original, that is, "photocopy notarization".
(3) All documents submitted by the applicant must be translated into correct and qualified English document format. Of course, the English translations of all documents need to be notarized.
(4) Copies of documents (photocopies), English translations, notarized, and submitted to immigration officials along with relevant forms.
(5) If the original of the relevant document was not preserved or lost in the early years, or has been damaged, there are several ways to deal with it:
① It can be submitted to an affidavit or other replaceable document or Evidence is provided as proof, such as school application records, household census records, etc. The affidavit should usually contain the name, gender, date of birth, place of birth of the deponent - the witness, the relationship with the applicant, and the facts proved.
②You can replace one file with another.
③ Legal certification documents will be re-issued by the court or relevant legislative bodies (such as provincial and county-level civil affairs agencies, etc.), and they will also be legal documents after being notarized.
④Other documents, original records, etc. If the parents apply for their children and the spouse applies for the other party, the Immigration Bureau sometimes requires the applicant to provide one or two original letters with stamped envelopes. This "original record" is also a "document", but it does not need to be notarized by law.
The main documents required by the US Immigration Service include: birth certificate, marriage certificate, household register, etc., to prove the relationship between the applicant and relatives. Immigration will only accept "secondary documents" as a last resort.
Tourist visa (B-2 visa) Application conditions for tourist visa
Tourist visa is B-2 visa, which is the most common non-immigrant visa in the United States. For Chinese citizens, B-1 is the entry visa issued to those who go abroad for business, and B-2 is the entry visa issued to those who go abroad for private purposes.
To apply for a B-2 visa, you need to meet the following conditions:
1. Have a clear purpose of entry. There are sufficient materials to prove that the applicant is visiting for a short period of time.
2. Have reliable financial security. There are sufficient materials to prove that the applicant has the ability to pay for round-trip travel and living expenses during the period of stay after entry.
3. There is credible evidence that the applicant will not seek permanent residence in the United States. For Chinese citizens, this specifically includes the following four factors:
①Having inseparable relatives in China mainly refers to having a happy and happy family;
②In China Have considerable personal property, mainly measured by salary income, house, bank deposits, etc.
③Have a satisfactory job in China, mainly considering the applicant's education level and position;
④Other factors that force the applicant to leave China.
In order to prove that they meet the entry requirements, that is, they meet the non-immigrant status, the applicant must provide the following materials.
(1) An invitation letter recently sent by an American relative or friend;
(2) A bank deposit certificate issued by an American relative or friend (copies are invalid);
( 3) Materials provided by the employer or employer of the American relative or friend, proving their position, employment period and monthly income, and recent tax payment certificate provided by the relative or friend;
(4) Financial guarantee letter signed by the American relative or friend, that is, Form I-134, this kind of certificate is uniformly issued by the Immigration Bureau. After the guarantor signs it, it must be certified by a local notary agency.
Application Procedure for Tourist Visa
Every Chinese citizen who intends to travel to the United States or visit relatives should first write a letter to contact relatives and friends and ask them to complete the guarantee procedures.
(1) Write letters to contact relatives and friends to discuss the possibility of the trip and the specific time to visit relatives;
(2) Send invitation letters and proof of living guarantee from relatives and friends;
(3) Apply for a passport to the local public security bureau with an invitation letter and proof of living guarantee;
(4) Go to the U.S. Embassy or Consulate with your passport and relevant certificates to obtain and fill out 2 copies of the "Non-Immigration" Visa Application Form", that is, Form OF-156, and submit 2 bareheaded photos of yourself that are the same as those in your passport;
(5) After filling out the application form carefully, hand it over to the consular officer as soon as possible. For non-immigration visa applications All applicants must have an interview with a consular officer. The applicant must convince the consular officer that he or she is only coming to the United States for tourism and visiting relatives and friends, and will not stay in the United States for a long time. Only in this way can it be possible to obtain an entry visa;
< p>(6) The consular officer will immediately decide whether to issue an entry visa to the applicant based on the submitted supporting documents, conversation situation and personal impression, and charge a certain visa fee.The B-2 visa is generally valid for 3 months. Allowed to stay in the United States for 6 months after entry.
Extension of Tourist Visa
If a tourist holding a B-2 visa enters the United States and is unable to complete the purpose of visiting the United States within the allowed period of stay, then, You can apply for a visa extension. Obtain Form I-539 (Application for Extension of Temporary Stay) from the Immigration Bureau. After filling it out, you must send it to the Immigration Bureau in person or by mail. Attach a certain application fee and Form I-94 (Entry-Departure Record) and submit it to the nearest of Immigration. If the reason for requesting an extension is work-related, the employer must also provide the necessary employment documentation.
To apply for an extension, the extension application must be submitted within 15 to 60 days before the original approved period of stay expires. If approved, it can be extended for 3 months or 6 months. There is no hard and fast rule on the number of extensions that can be extended, but extensions of more than one year are strictly controlled.
Excerpted from "Visa and Entry-Exit Guide to Countries Around the World"
Visit Visa
The specific regulations of the United States for foreigners entering the country to visit relatives are as follows:
Foreigners who want to visit relatives in the United States must meet the following conditions: one spouse, parents and children (including adoptive parents and adopted children), brothers, sisters, grandparents, and grandchildren have settled in the United States and have obtained permanent residence or become a U.S. citizen.
The U.S. Embassy in China and consulates in various places stipulate the materials required for a family visit visa:
(1) Identity documents of U.S. relatives and friends (such as passports, ID cards, etc.) (2) A copy of the financial guarantee or bank deposit slip provided by an American relative or friend. According to regulations, only American citizens with an annual income of more than US$15,000 are eligible for conditional guarantee. Foreigners entering the country to visit relatives;
(3) Certificate of relationship between relatives and friends in the United States, which proves the relationship between the relative applying for entry to visit and the U.S. citizen;
(4) Invitation letter, this The letter should explain the reasons and reasons for the invitation to visit relatives in the United States, and it is best to write the letter in English;
(5) Valid Chinese passport.
After the applicant has the above-mentioned relevant materials, he or she can apply for a visa at the U.S. Embassy in China. The steps:
(1) First, go to the U.S. Embassy or Consulate with your passport and relevant certificates to obtain and fill in 2 "Non-immigrant Visa Application Forms", and submit 2 bareheaded photos of yourself (should be the same as those on the passport). same). After filling out the application form, submit it to the consular officer as soon as possible.
(2) All non-immigrant visa applicants must meet with a consular officer. The applicant must convince the embassy and consulate officer that he will not stay in the United States for a long time before he can obtain an entry visa. Foreigners who go to the United States to visit relatives are required to stay with a visa for 3 months and no longer than half a year.
Business Visit Visa (B--1 Visa) B-1 visa, also known as "Business Visit Visa", allows the holder to come to the United States only to engage in business-related activities. They usually represent foreign companies in the United States to negotiate business, expand markets, conduct business inspections, participate in business expos, attend international academic conferences, etc. They can also engage in activities such as meetings with other business people, lawyers or accountants, or participate in professional business meetings. Foreign businessmen can also go to the United States to negotiate contracts or seek investment opportunities.
Certificate holders can only work for their own company or unit in the United States, and cannot work for other companies in the United States. Therefore, as long as the work in the United States is temporary and the work is for a non-U.S. company, the business activities of the certificate holder in the United States are legal.
The B-l visa is applicable to foreigners who temporarily come to the United States to engage in business activities on behalf of foreign employers. This visa is obtained from a U.S. consulate abroad and does not require immigration approval. Foreigners holding B-1 visas are usually only allowed to stay in the United States until their business activities are completed, which generally does not exceed 6 months. One of the important features of the B-1 visa is that the foreign employer pays the holder's expenses, salary or remuneration for traveling to the United States, although the person can obtain business travel subsidies and living allowances from the United States. Foreign citizen employees who intend to establish a subsidiary or branch in the United States can take advantage of the B-1 visa.
1. Conditions for applying for B-1 visa
To apply for B-1 visa, you should meet the following conditions:
(1) Travel to the United States is temporary. That is, after completing the mission of traveling to the United States, the holder of the visa leaves the United States and returns to his or her home country before the expiration of the visa. A U.S. consulate may deny a visa if it has a premonition that the applicant intends to reside permanently in the United States.
(2) The purpose of traveling to the United States is legal. Applying for this type of visa can go to the United States for the following purposes:
(1) To engage in activities related to international trade and commerce, such as: going to the United States for inspections, promoting products, participating in trade fairs, negotiating contracts, etc.; < /p>
(2) Attend court proceedings;
(3) Participate in scientific, educational, professional or commercial meetings;
(4) Engage in short-term independent research work ;
(5) Provide short-term services or receive short-term training;
(6) Participate in international cultural and sports activities;
(7) Engage in short-term religious activities .
(3) Have sufficient financial resources to travel to, reside in, and return to their country of origin in the United States. In some countries, individuals applying for private reasons should prepare this information, such as: personal bank deposit certificate; proof of the other party's expenses; round-trip air tickets, etc.
Application Procedure for B-1 Visa
To apply for a B-1 visa, you should apply to the U.S. Consulate in the applicant’s home country.
To apply for a B-1 visa, you must have the following information:
(1) Invitation letter from the United States;
(2) Visa application form (OF-156 form) );
(3) Valid passport;
(4) Two-inch personal half-length bareheaded photos (2-4 photos).
Applicants for B-1 visas are advised to submit detailed supporting documents to the consulate, such as copies of preliminary contract negotiations or quotations, business correspondence with US companies, past contracts and invoices, etc. Applicants should also provide round-trip air tickets, proof of hotel reservations, travel schedule and detailed meeting schedule. When filling out the visa application form, applicants should indicate the correct time of visit to the United States, which is usually limited to a maximum stay of 6 months. How many supporting documents are required to apply for a B-1 visa depends on the actual situation.
Short-term work visa (H visa) (1)
The H visa is suitable for applicants who come to the United States to provide short-term labor services or receive training.
Types of H visas
H visas can be subdivided into the following three types of visas: H-1 visa, H-2 visa and H-3 visa. The above three types of persons are allowed to stay in the United States for a short period of time. The dependents of such persons can obtain H-4 visas to go to the United States, but they are not allowed to engage in for-profit assistance work.
1. H-1A visa. This visa is suitable for officially registered nurses who come to the United States to work temporarily. The so-called formal registered nurse means that the applicant must have a license to engage in professional nursing work in the country where he received nursing education, or he must have received nursing education in the United States and Canada. The applicant must also pass a nursing qualification examination recognized by the U.S. Department of Labor and Department of Health.
2. H-1B visa. The H-1B non-immigrant category is for foreigners with professional talents. The most basic requirement is that the foreigner must have an employer and be employed in a professional position. According to U.S. immigration law, a professional position must meet the following requirements:
(1) The minimum requirements for this position usually require a person with a bachelor's degree or higher or equivalent academic qualifications;
(2) The industry usually requires such a degree, or the position is so special or complex that only those with a degree can perform it;
(3) Employers generally require people who hold this position Have a degree or equivalent;
(4) The specific responsibilities of this position are very professional and complex. Only those with a bachelor's degree or higher will have the knowledge to be qualified for this position.
According to the immigration rules issued by the United States, those who have completed more than 2 years of vocational education, plus more than 5 years of practical work experience, and are de facto achievers are also considered professionals.
In some cases, work experience may be substituted for a bachelor's or master's degree. Typically three years of specialized training or work experience in a specialized occupation equivalent to one year of college education. Therefore, applicants with 12 years of practical work experience may be eligible to apply for the H-1B visa even if they do not have a college diploma if the job they are engaged in is a specialized occupation.
3. H-2 visa
This is designed for foreigners who come to the United States to engage in temporary or seasonal agricultural work. The prerequisite is that such workers cannot be found in the United States. The H-2 visa is issued to short-term workers who perform jobs that are not available to U.S. citizens, that is, people who provide short-term labor services. Applicants who generally do not qualify for H-1, such as lumberjacks, farm workers, music teachers, carpenters, etc., often qualify for this category and receive a large proportion of them.
To apply for an H-2 visa, you must obtain a temporary labor certificate issued by the Ministry of Labor in advance. A person who has obtained an H-2 visa cannot apply for permanent residence based on the same job in the future.
4. H-3 visa
Foreigners invited to the United States to receive agricultural, industrial, commercial or other professional training can apply for H-3 visa. The purpose of this visa is to allow foreigners to come to the United States for short-term training, not to directly participate in productive employment. Mainly refers to applicants who accept invitations from private groups and companies in the United States to enter the country for any form of training.
5. H-4 visa
This visa is suitable for spouses holding H-1, 2, and 3 visas and unmarried women under 21 years old. When applying for this type of visa, you must also not have any immigration intentions. After arriving in the United States, you cannot seek work or apply for school.
H visa application Since most H visas require approval from several departments, it is best to hire an immigration lawyer in the United States to apply for this type of visa. In view of the current actual situation in China, it is difficult to apply for H-1A, H-2A, H-2B and three visas; relatively speaking, H-1B and H-3 visas have a higher probability of success. Therefore, we are as follows Let’s introduce some specific requirements for H-11B and H-3 visas.
1. Application for H-1B visa
The employer of the visa applicant must be an individual, company, contractor or other association and organization in the United States. The employer has the right to dominate or control the work of its employees, including hiring, Firing, approving salary and supervising work, etc.
Applicants must provide the following documents when applying:
(1) The applicant’s diploma, degree certificate, statement, contract, etc. can indicate the applicant’s schooling time, scientific research achievements and Similar information, training certificate issued by the relevant unit;
(2) A statement issued by the current or previous employer clearly stating the applicant's status and ability in the field;
( 3) A copy of the contract between the employer and the applicant. If there is no written contract, a summary of the oral agreement between the two parties must be presented.
After preparing the above information, fill out the Immigration Bureau Form I-129, namely: Non-immigrant Work Permit Application Form. Then, submit all information to the Immigration Bureau branch center in the region where the employer is located. Before submitting an H-lB visa application to the Immigration Bureau, the employer must also submit a "Labor Status Application Form" to the Regional Office of the Employment and Training Division under the Department of Labor.
The task of the Ministry of Labor is only to check whether the information filled in the form is complete and whether there are obvious errors. This application form requires the employer to prove that he will pay H-1B visa holders a salary suitable for the level of work.
Short-term work visa (H visa) (2) 2. Application for H-3 visa
The H-3 visa is used by U.S. companies and institutions to allow foreign employees to temporarily participate in the company's established training programs. The scope of training can be agriculture, commerce, communications, finance, and government management. , transportation and other professions other than medical. The training method can be classroom teaching or a combination of classroom teaching and on-the-job training.
This visa must be reported to the Immigration Bureau first. After approval by the Immigration Bureau, you can apply for a visa at the consulate.
H-3 visa applicants should provide the following information to the Immigration Bureau:
(1) The training plan the applicant will receive, detailing the specific training content;
(2) The percentage of teaching courses and other training in the training plan that the applicant will receive;
(3) Statistics of personnel who have received such training before and currently, and who are currently engaged in the same job as the applicant
(3) p>
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