Applying for H1-B Visa at a U.S. Consulate

There are some tips that H1B visa beneficiaries need to keep in mind when they apply for a visa at a US consulate or an embassy at their home country.

Overview of the H1B Visa:

The H1B visa is intended for workers coming into the United States who have special skill sets that would qualify them in the “speciality workers” category. To qualify for the visa the foreign worker must have a college degree from a four year instituion or an equivalent experience in education.  Here's some information to help file for the visa.

Required documents for H1B Visa:

The US consular web sites recently have updated their documentary requirement to inform all applicants what they need to carry for the visa interview. The following is a detailed list that is primarily used, to be requested u/s 221(g) of the Immigration and Nationality Act. While the documentary evidence would vary on a case to case basis, primarily the list provided on the consular web site would include:

•   An original I 797
•   A copy of the I 129 package that was submitted to the USCIS including the LCA (Labor Condition Application)
•   The offer and agreement letter between the petitioner / beneficiary.
•   A notarized list of all employees of the petitioner.
•   A unemployment wage report of all the states in the US were the petitioner has his employees.
•   Tax returns of the petitioner for the most recent tax year with the financial statements.
•   A letter confirming availability of work from the personal department at the work location.
•   A confirming letter from the client of the project to be undertaken.
•   Copy of the contract.
•   Detailed description of the project with the number of employees (internal project) assigned to the project, time line and a detailed market analysis of the product.

It is a common fact that most employers hesitate to part with sensitive information like their financial statement and clients are not that comfortable issuing letters,  but these documents are required by the consulate for issuing the visa. It should be remembered that the very purpose of requesting these documents is to verify the availability of the job and the ability of the petitioner to pay the wages for their employees in the United States.

Inability to provide these details would most likely lead to a refusal in granting the H1B visa.

Preparing for the travel to the US on a H1B visa:

The  visa beneficiaries should plan well ahead of their travel and ensure that they have all the required documents listed above before they depart to the US. There are instances where  the petitioner is either unwilling or not in a position to provide sensitive information and in some cases the clients might refuse any letters. This would lead to a situation where the H1B visa beneficiary is stranded outside the United States with their belongings. This makes it more so important to the visa beneficiary have the required documents well ahead to maximise the chances of a successful stamping.

Providing the documents:

There are instances where the consulates may not request letters from a client with the contract, if properly communicated, or a letter from the client may work. It would be prudent to present a combination of both to maximise the possibility of successful stamping of the visa.

For internal project description, it is pertinent to provide an elaborate information on the actual project the visa beneficiary is working or will be working.

The Benefits of a USCIS Green Card

It is common knowledge that many around the world aspire to get a green card to the USA. The reason is that it not only entitles the holder to live and work in the land of dreams but also for the various benefits that a green card would entitle them to at a later stage.

Green Card:

Let's now check the history of the USCIS green card. What is commonly known today as the green card is known through out the world as a work permit that would allow one to work and live permanently in the United States. It is still being called as a green card though it comes in different colors.

A green card in the United States is officially known as the Alien Registration card. The first green cards were white in color and were the product of the Alien Registration Act (1940). This was passed as a defense measure which required all aliens to register themselves with the government. They were allowed to register at any post office and the forms in turn were forwarded to the INS. With the culmination of the World War II all aliens were required to register with the INS based on their permit. And this is where the green card originated from.

Having known the history of the green card, let us now check how a USCIS green card would benefit its holder.

The benefits of the USCIS green card are many. A holder of a green card will be able to:

-        Arrive and leave the United States without the risk of being denied an entry by any immigration official. It is always advisable that the holder of the USCIS green card has it with him at any point of time. It would also be relevant to note that the applicant has to keep track of all the dates of his travel as it would help during the time of naturalization.

-        The holder of a green card cannot be out of status though the green card is valid for 10 years

-        Green card holders are allowed to apply for any government sponsored aid for their education.

-        They pay less tuition fee when compared to any other persons who are in a different visa category.

-        It would allow the holder to work in any company in the United States without having to obtain a work permit.

-        There are certain jobs that need security clearance which only a US citizen or a green card holder can get. This will create more job opportunities.

-        Permission is allowed to start any new business venture.

-        They are entitled to receive social security benefits when they retire.

-        Green card holders can sponsor their spouse or children under 21 years of age who would be allowed to stay as dependents.

-        They are protected against future changes in the immigration laws more so with the work permit.

-        They are given the benefit of most legal rights except the right to vote.

-        The single most important benefit of being a USCIS green card holder is that, they can apply for citizenship when they fulfill the eligibility requirements.

-        Green card holders are allowed to stay anywhere in the United States.

-        Green card holders are allowed to make political contribution whereas other foreign persons cannot.

These are some of the many benefits that a green card holder derives.