The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
You may be eligible for a U nonimmigrant visa if:
· You are the victim of qualifying criminal activity.
· You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
· You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
· You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
· The crime occurred in the United States or violated U.S. laws.
· You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
· You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
· Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
· You must be enrolled as a full-time student at the institution
· You must be proficient in English or be enrolled in courses leading to English proficiency
· You must have sufficient funds available for self-support during the entire proposed course of study
· You must maintain a residence abroad which you have no intention of giving up.
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
· Curricular Practical Training (CPT)
M-1 students may engage in practical training only after they have completed their studies.
For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
For more information on the Student and Exchange Visitors Program, see the “Student & Exchange Visitor Program, Immigration & Customs Enforcement” and the Study in the States “Training Opportunities in the United States” pages.
Overview: H-1B Visa is a non-immigrant visa which allows U.S. employers to temporarily employ foreign professionals in specialty occupations for three years, extendable to six years.
Family: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. They do not have work authorization under H-4 status.
Green Card Intent: Dual Intent is permitted. (Doctrine of Dual Intent allows visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status(green card status)).
H1B Visa Qualification
To qualify for H1B Visa, the foreign professional must hold a bachelor's or higher degree from an accredited college or university in the specialty occupation. If the foreign professional holds a foreign degree, then that degree must be determined to be the educational equivalent of a U.S. bachelor's degree.
The foreign professional may also obtain an educational equivalence through a combination of education, specialized training or progressive work experience. Three years of specialized experience is generally considered equivalent to one year of college education.
For example, if a foreign professional has a three year associate degree, he or she must at least have 3 year of relevant post-graduate experience to be qualified for H1B Visa.
H1B Visa Occupation
The H1B visa is designed to be used for foreign workers in "speciality occupations", which require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.
The occupation list includes, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts. The "specialty occupations" also require the attainment of a bachelor’s degree or its equivalent as a minimum.
Period of Stay
H1B Visa worker may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years. There are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
1. If the H1-B visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
2. If the H1-B visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa.
3. The maximum duration of the H-1B visa is ten years for exceptional Defense Department project related work.