The US H1B visa is a non-immigrant visa, which allows a US company to employ a foreign individual for up to six years. As applying for a non-immigration visa is generally quicker than applying for a US Green Card, staff required on long-term assignment in the US are often initially brought in using a non-immigrant visa such as the H1B visa.
Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.
US employers may begin applying for the H-1B visa six months before the actual start date of the visa. Since the beginning of the FY 2009 is October 1, 2008, employers can apply as soon as April 1, 2008 for the FY 2009 cap, but the beneficiary cannot start work until October 1st.
The H1B visa is designed to be used for staff in "speciality occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience). However, professionals such as lawyers, doctors, accountants and others must be licensed to practice in the state of intended employment – e.g. a lawyer must generally have passed the relevant state bar exam.
Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation.
Positions that are not "speciality occupations", or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.
New H1B legislation requires certain employers, called 'H1B dependent employers' to advertise positions in the USA before petitioning to employ H1B workers for those positions. H1B dependent employers are defined as those having more than 15% of their employees in H1B status (for firms with over 50 employees – small firms are allowed a higher percentage of H1B employees before becoming 'dependent'). In addition all new H1B petitions and 1st extensions of H1B's now require a fee (in addition to the usual filing fees) of US$1,000 to be paid, which will be used to fund a training programme for resident US workers.
The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years. Those wishing to remain in the US for more than six years may, while still in the US on an H1B visa, apply for permanent residence (the "green card"): if such employees do not gain permanent residence, when the six year period runs out, they must live outside the US for at least one year before an application is made for them to enter on an H or an L visa.
Once a company has brought an employee to the US on an H1B visa, should the company dismiss that employee before the expiry of the visa, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an employee chooses to resign.
Wednesday, July 8, 2009
Information about L-1 visa
The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.
Companies operating in the US can apply to the relevant USCIS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.
There are two types of employees who may be sponsored for USA L1 visas:
Managers/Executives
The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.
Specialized Knowledge Staff
This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years.
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
Companies operating in the US can apply to the relevant USCIS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.
There are two types of employees who may be sponsored for USA L1 visas:
Managers/Executives
The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.
Specialized Knowledge Staff
This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years.
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
INSTRUCTIONS FOR THE 2010 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2010).
INSTRUCTIONS FOR THE 2009 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2009)The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA).Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 provides for a class of immigrants known as "diversity immigrants". Section 203(c) of the INA provides a maximum of up to 55,000 Diversity Visas (DV) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.The annual DV program makes diversity immigrant visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated random lottery drawing chooses selectees for diversity visas. The visas, however, are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the period of the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.For DV-2009, natives of the following countriesare not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. over the period of the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify those who commit fraud for the purposes of illegal immigration or who submit multiple entries.
DIVERSITY VISA REGISTRATION PERIOD Entries for the DV-2009 Diversity Visa lottery must be submitted electronicallybetween noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007. Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.govduring the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will beaccepted after noon EST on December 2, 2007.
REQUIREMENTS FOR ENTRY
To enter the DV lottery, you must be a native of one of the listed countries. See List Of Countries By Region Whose Natives Qualify.The term"country" in this notice includes countries, economies and other jurisdictions explicitly listed beginning on page 13. Native of a country whose natives qualify: In most cases this means the country in which you were born.However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the ti
me of your birth, you may claim nativity in one of your parents’ country of birth if it is a country whose natives qualify for the DV-2009 program. To enter the lottery, you must meet either the education or work experience requirement of the DV program.Education or Work Experience:You must have EITHER a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience. For more information about qualifying work experience, see Frequently Asked Question #13.
If you cannot meet these requirements, you should NOT submit an entry to the DV program.
PROCEDURES FOR SUBMITTING AN ENTRY TO DV-2009
The Department of State will only accept completed Electronic Diversity Visa (E-DV) Entry Forms submitted electronically at www.dvlottery.state.gov during the registration period.
All entries by an individual will be disqualified if more than ONE entry for that individual is received, regardless of who submitted the entry. You may prepare and submit your own entry, or have someone submit the entry for you. A successfully registered entry will result in the display of a confirmation screen containing your name, date of birth, country of chargeability, and a date/time stamp.You may print this confirmation screen for your records using the print function of your web browser. Paper entries will not be accepted. Your entry will be disqualified if all required photographs are not submitted. Recent photographs of the following
people must be submitted electronically with the Electronic Diversity Visa Entry Form:
you
your spouse
each unmarried child under 21 years of age, including all natural children as well as all legally-adopted children and stepchildren, even if a child no longer resides with you or you do not intend for a child to immigrate under the DV program
You do not need to submit a photo for a child who is already a U.S. citizen or a Legal Permanent Resident. Group or family photographs will not be accepted; there must be a separate photograph for each family member. Failure to submit the required photographs for your spouse and each child will result in an incomplete entry to the E-DV system. The entry will not be accepted and must be resubmitted. Failure to enter the correct photograph of each individual in the case into the E-DV system will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.
A digital photograph (image) of you, your spouse, and each child must be submitted on-line with the E-DV Entry Form. The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner Entries are subject to disqualification and visa refusal for cases in which the photographs are not recent or have been manipulated or fail to meet the specifications explained below.
Instructions for Submitting a Digital Photograph (Image) The image file must adhere to the following compositional specifications and technical specifications and can be produced in one of the following ways: Taking a new digital image. Using a digital scanner to scan a submitted photograph. Compositional Specifications:The submitted digital image must conform to the following compositional specifications or the entry will be disqualified.
Head Position:
Person being photographed must directly face the camera.
Head of the person should not be tilted up, down, or to the side.
Head of the person should cover about 50% of the area of the photograph.
Background
Person being photographed should be in front of a neutral, light-colored background.
Dark or patterned backgrounds are not acceptable.
Focus
Photograph must be in focus.
Decorative Items
Photographs in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted.
Head Coverings and Hats
Photographs of individuals wearing head coverings or hats are only acceptable if related to his/her religious beliefs, and even then, may not obscure any portion of the face of the applicant.
Photographs of individuals with tribal or other headgear not specifically religious in nature will not be accepted. Photographs of military, airline, or other personnel wearing hats will not be accepted. Photograph Composition Colored photographs in 24-bit color depth are preferred to black and white or gray scale pictures in 24-bit color depth. Photographs may be down loaded from a camera into a file in the computer or they may be scanned into a file in the computer. If you are using a scanner, the settings must be for True Color or 24-bit color mode. Colored photographs or black and white (or gray scale) must be scanned at this setting for the requirements of the DV program. For black and white or grey scale photographs scanned in 24-bit color mode, only three colors or image bands are used, and the results will still be black, white and gray. See additional scanning requirements below.
Technical Specifications: The submitted digital photograph must conform to the following specifications or the system will automatically reject the E-DV Entry Form and notify the sender. Taking a New Digital Image. If a new digital image is taken, it must meet the following specifications:
Image File Format: The image must be in the Joint Photographic Experts Group (JPEG) format.
Image File Size: The maximum image file size will be sixty-two thousand five hundred (62,500) bytes.
Image Resolution: 320 pixels high by 240 pixels wide.
Image Color Depth: 24-bit color \[Note: Colored photographs are preferred, but black and white or grayscale photographs, if used, must be scanned in 24-bit color mode. Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted]
Scanning a Submitted Photograph. Before a photographic print is scanned, it must meet the following specifications:
Print Size: 2 inches by 2 inches (50mm x 50mm) square.
Print Color: A color image is preferable for the DV program. However a black and white or grayscale image may be used only with the 24-bit setting mode.
The photographic print must also meet the Compositional Specifications. If the photographic print meets the Print Size, Print Color, and Compositional Specifications, scan the print using the following scanner specifications.
Scanner Resolution: Scanned at a resolution of 150 dots per inch (dpi).
Image File Format: The image must be in the Joint Photographic Experts Group (JPEG) format.
Image File Size: The maximum image file size will be sixty-two thousand five hundred (62,500) bytes.
Image Resolution: 300 by 300 pixels.
Image Color Depth: 24-bit color) \[Note: Black and white or grayscale images must be used with 24-bit color depth.Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted]
THE ENTRY
There is only one way to enter the DV-2009 lottery. You must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at www.dvlottery.state.gov. Failure to complete the form in its entirety will disqualify the entry. Those who submit the E-DV entry will be asked to include the following information on the E-DV Entry Form.
1. FULL NAME- Last/Family Name, First Name, Middle name
2. DATE OF BIRTH- Day, Month, Year
3. GENDER- Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN - The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM - Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review Frequently Asked Question #1 of these instructions.
7. ENTRY PHOTOGRAPH(S) - See technical information on photograph specifications. Make sure you include photographs of your spouse and all your children, if applicable. See Frequently Asked Question #11
8. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
9. COUNTRY WHERE YOU LIVE TODAY
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify those who commit fraud for the purposes of illegal immigration or who submit multiple entries.
DIVERSITY VISA REGISTRATION PERIOD Entries for the DV-2009 Diversity Visa lottery must be submitted electronicallybetween noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007. Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.govduring the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will beaccepted after noon EST on December 2, 2007.
REQUIREMENTS FOR ENTRY
To enter the DV lottery, you must be a native of one of the listed countries. See List Of Countries By Region Whose Natives Qualify.The term"country" in this notice includes countries, economies and other jurisdictions explicitly listed beginning on page 13. Native of a country whose natives qualify: In most cases this means the country in which you were born.However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the ti
me of your birth, you may claim nativity in one of your parents’ country of birth if it is a country whose natives qualify for the DV-2009 program. To enter the lottery, you must meet either the education or work experience requirement of the DV program.Education or Work Experience:You must have EITHER a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience. For more information about qualifying work experience, see Frequently Asked Question #13.
If you cannot meet these requirements, you should NOT submit an entry to the DV program.
PROCEDURES FOR SUBMITTING AN ENTRY TO DV-2009
The Department of State will only accept completed Electronic Diversity Visa (E-DV) Entry Forms submitted electronically at www.dvlottery.state.gov during the registration period.
All entries by an individual will be disqualified if more than ONE entry for that individual is received, regardless of who submitted the entry. You may prepare and submit your own entry, or have someone submit the entry for you. A successfully registered entry will result in the display of a confirmation screen containing your name, date of birth, country of chargeability, and a date/time stamp.You may print this confirmation screen for your records using the print function of your web browser. Paper entries will not be accepted. Your entry will be disqualified if all required photographs are not submitted. Recent photographs of the following
people must be submitted electronically with the Electronic Diversity Visa Entry Form:
you
your spouse
each unmarried child under 21 years of age, including all natural children as well as all legally-adopted children and stepchildren, even if a child no longer resides with you or you do not intend for a child to immigrate under the DV program
You do not need to submit a photo for a child who is already a U.S. citizen or a Legal Permanent Resident. Group or family photographs will not be accepted; there must be a separate photograph for each family member. Failure to submit the required photographs for your spouse and each child will result in an incomplete entry to the E-DV system. The entry will not be accepted and must be resubmitted. Failure to enter the correct photograph of each individual in the case into the E-DV system will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.
A digital photograph (image) of you, your spouse, and each child must be submitted on-line with the E-DV Entry Form. The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner Entries are subject to disqualification and visa refusal for cases in which the photographs are not recent or have been manipulated or fail to meet the specifications explained below.
Instructions for Submitting a Digital Photograph (Image) The image file must adhere to the following compositional specifications and technical specifications and can be produced in one of the following ways: Taking a new digital image. Using a digital scanner to scan a submitted photograph. Compositional Specifications:The submitted digital image must conform to the following compositional specifications or the entry will be disqualified.
Head Position:
Person being photographed must directly face the camera.
Head of the person should not be tilted up, down, or to the side.
Head of the person should cover about 50% of the area of the photograph.
Background
Person being photographed should be in front of a neutral, light-colored background.
Dark or patterned backgrounds are not acceptable.
Focus
Photograph must be in focus.
Decorative Items
Photographs in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted.
Head Coverings and Hats
Photographs of individuals wearing head coverings or hats are only acceptable if related to his/her religious beliefs, and even then, may not obscure any portion of the face of the applicant.
Photographs of individuals with tribal or other headgear not specifically religious in nature will not be accepted. Photographs of military, airline, or other personnel wearing hats will not be accepted. Photograph Composition Colored photographs in 24-bit color depth are preferred to black and white or gray scale pictures in 24-bit color depth. Photographs may be down loaded from a camera into a file in the computer or they may be scanned into a file in the computer. If you are using a scanner, the settings must be for True Color or 24-bit color mode. Colored photographs or black and white (or gray scale) must be scanned at this setting for the requirements of the DV program. For black and white or grey scale photographs scanned in 24-bit color mode, only three colors or image bands are used, and the results will still be black, white and gray. See additional scanning requirements below.
Technical Specifications: The submitted digital photograph must conform to the following specifications or the system will automatically reject the E-DV Entry Form and notify the sender. Taking a New Digital Image. If a new digital image is taken, it must meet the following specifications:
Image File Format: The image must be in the Joint Photographic Experts Group (JPEG) format.
Image File Size: The maximum image file size will be sixty-two thousand five hundred (62,500) bytes.
Image Resolution: 320 pixels high by 240 pixels wide.
Image Color Depth: 24-bit color \[Note: Colored photographs are preferred, but black and white or grayscale photographs, if used, must be scanned in 24-bit color mode. Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted]
Scanning a Submitted Photograph. Before a photographic print is scanned, it must meet the following specifications:
Print Size: 2 inches by 2 inches (50mm x 50mm) square.
Print Color: A color image is preferable for the DV program. However a black and white or grayscale image may be used only with the 24-bit setting mode.
The photographic print must also meet the Compositional Specifications. If the photographic print meets the Print Size, Print Color, and Compositional Specifications, scan the print using the following scanner specifications.
Scanner Resolution: Scanned at a resolution of 150 dots per inch (dpi).
Image File Format: The image must be in the Joint Photographic Experts Group (JPEG) format.
Image File Size: The maximum image file size will be sixty-two thousand five hundred (62,500) bytes.
Image Resolution: 300 by 300 pixels.
Image Color Depth: 24-bit color) \[Note: Black and white or grayscale images must be used with 24-bit color depth.Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted]
THE ENTRY
There is only one way to enter the DV-2009 lottery. You must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at www.dvlottery.state.gov. Failure to complete the form in its entirety will disqualify the entry. Those who submit the E-DV entry will be asked to include the following information on the E-DV Entry Form.
1. FULL NAME- Last/Family Name, First Name, Middle name
2. DATE OF BIRTH- Day, Month, Year
3. GENDER- Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN - The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM - Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review Frequently Asked Question #1 of these instructions.
7. ENTRY PHOTOGRAPH(S) - See technical information on photograph specifications. Make sure you include photographs of your spouse and all your children, if applicable. See Frequently Asked Question #11
8. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
9. COUNTRY WHERE YOU LIVE TODAY
Entry of EDV lottery 2010
There is only one way to enter the DV-2010 lottery. You must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at www.dvlottery.state.gov. Failure to complete the form in its entirety will disqualify the entry. Those who submit the E-DV entry will be asked to include the following information on the E-DV Entry Form.
1. FULL NAME- Last/Family Name, First Name, Middle name
2. DATE OF BIRTH- Day, Month, Year
3. GENDER- Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN - The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM - Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review Frequently Asked Question #1 of these instructions.
7. ENTRY PHOTOGRAPH(S) - See technical information on photograph specifications. Make sure you include photographs of your spouse and all your children, if applicable. See Frequently Asked Question #11
8. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
9. COUNTRY WHERE YOU LIVE TODAY
10. PHONE NUMBER (optional)
11. E-MAIL ADDRESS (optional)
12. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY?
You must indicate which one of the following represents your own highest level of educational achievement:
(1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree.
13. MARITAL STATUS- Unmarried, Married, Divorced, Widowed, Legally Separated
14.NUMBER OF CHILDREN: Entries must include the name, date and place of birth of your spouse and all natural children, as well as all legally-adopted children and stepchildren, who are unmarried and under the age of 21 (do not include children who are already U.S. citizens or Legal Permanent Residents), even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the diversity visa.Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.See Frequently Asked Question #11.
15. SPOUSE INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. Failure to list your spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.
16. CHILDREN INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph:Include all children declared in question #14 above.
SELECTION OF APPLICANTS
The computer will select at random individuals from among all qualified entries.
They will be notified by mail between May and July 2008 and will be provided further instructions, including information on fees connected with immigration to the U.S.Those selected in the random drawing are NOT notified by email.Those individuals NOT selected will NOT receive any notification.U.S. embassies and consulates will not be able to provide a list of successful entrants. Spouses and unmarried children under age 21 of successful entrants may also apply for visas to accompany or follow to join the principal applicant.DV-2009 visas will be issued between October 1, 2008 and September 30, 2009. In order to receive a Diversity Visa to immigrate to the United States, those chosen in the random drawing must meet ALL eligibility requirements under U.S. law. Processing of entries and issuance of diversity visas to
successful individuals and their eligible family members MUST occur by midnight on September 30, 2009. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow to join the principal applicant in their case in the U.S. after this date.
IMPORTANT NOTICE
No fee is charged for the electronic lottery entry in the annual DV program. The U.S. Government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare DV entries do so without the authority or consent of the U.S. Government. Use of any outside intermediary or assistance
to prepare a DV entry is entirely at the entrant's discretion.A qualified entry submitted electronically directly by an applicant has an equal chance of being selected by the computer at the Kentucky Consular Center,as does an entry submitted electronically through a paid intermediary who completes the entry for the applicant. Every entry received during the lottery registration period will have an equal random chance of being selected within its region. However, receipt of more than one entry per person will disqualify the person from registration,regardless of the source of the entry.
FREQUENTLY ASKED QUESTIONS ABOUT E-DV REGISTRATION
1. WHAT DO THE TERMS “ELIGIBILITY”, "NATIVE" AND “CHARGEABILITY” MEAN?
ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?
Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. “Native” ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act. For example, if you were born in a country that is not eligible for this year’s DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the diversity visas. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth. Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government.If you claim alternate chargeability, you must indicate such information on the E-DV electronic online entry form, question #6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry.
2. ARE THERE ANY CHANGES OR NEW REQUIREMENTSIN THE APPLICATION PROCEDURES FOR THIS DIVERSITY VISA REGISTRATION?
All DV-2009 lottery entries must be submitted electronically at www.dvlottery.state.gov during the registration period. No paper entries will be accepted. Several questions and options for answers have been added to DV-2009 to gather additional information. Several questions and options for answers have been added to DV-2009 to gather additional information. Country where you live today? What is the highest level of education you have achieved, as of today?You must choose one of the ten options indicating the highest level of education you have achieved: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree.“Legally Separated”replaces the term “Separated” used in previous DV programs as an option under the question “What is your marital status?” Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative.
3. ARE SIGNATURES AND PHOTOGRAPHS REQUIRED FOR EACH FAMILY MEMBER, OR ONLY FOR THE PRINCIPAL ENTRANT?
Signatures are not required on the Electronic Diversity Visa Entry Form. Recent and individual photographs of you, your spouse and all children under 21 years of age are required. Family or group photographs are not accepted. Refer to the information on the photograph requirements on page 2 of this bulletin.
4. WHY DO NATIVES OF CERTAIN COUNTRIES NOT QUALIFY FOR THE DIVERSITY PROGRAM?
Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery. Because there is a separate determination made before each annual E-DV entry period, the list of countries whose natives are not eligible may change from one year to the next.
5. WHAT IS THE NUMERICAL LIMIT FOR DV-2009?
By law, the U.S. diversity immigration program makes available a maximum of 55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning as early as DV-1999, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. The actual reduction of the limit by up to 5,000 diversity visas began with DV-2000 and is likely to remain in effect through the DV-2009 program.
6. WHAT ARE THE REGIONAL DIVERSITY VISA (DV) LIMITS FOR DV-2009?
The U.S. Citizenship and Immigration Services (USCIS) determines the DV regional limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). Once the USCIS has completed the calculations, the regional visa limits are announced.
7. WHEN WILL ENTRIES FOR THE DV-2009 PROGRAM BE ACCEPTED?
The DV-2009 entry period will run through the registration period. Each year millions of people apply for the program during the registration period. The massive volume of entries creates an enormous amount of work in selecting and processing successful individuals.Holding the entry period during October, November, and December will ensure that selectees are notified in a timely manner, and gives both the visa applicants and our embassies and consulates time to prepare and complete cases for visa issuance. You are strongly encouraged to enter early in the registration period. Excessive demand at end of the registration period may slow the system down. No entries whatsoever will be accepted after noon EST Sunday, December 2, 2007.
8. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR THE PROGRAM?
Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the United States or from abroad.
9. IS EACH APPLICANT LIMITED TO ONLY ONE ENTRY DURING THE ANNUAL E-DV REGISTRATION PERIOD?
Yes, the law allows only one entry by or for each person during each registration period.Individuals for whom more than one entry is submitted will be disqualified. The Department of State will employ sophisticated technology and other means to identify individuals who submit multiple entries during the registration period.People submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Individuals may apply for the program each year during the regular registration period.
10. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE ENTRY?
Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements. If either were selected, the other would be entitled to derivative status.
11. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY E-DV ENTRY?
On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents.You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age, whether they are your biological children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident.List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program. The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. This only applies to those who were family members at the time the original application was submitted, not those acquired at a later date. Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family. See question #10 above.
12. MUST EACH INDIVIDUAL SUBMIT HIS/HER OWN ENTRY, OR MAY SOMEONE ACT ON BEHALF OF ANOTHER PERSON?
People may prepare and submit their own entries, or have someone submit the entry for them. Regardless of whether an entry is submitted by the individual directly, or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person and the entrant remains responsible for insuring that information in the entry is correct and complete. If the entry is selected, the notification letter will be sent onlyto the mailing address provided on the entry.
13. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?
The law and regulations require that every entrant musthave at least a high school education or its equivalent or,within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A "high school education or equivalent" is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of Labor’s O*Net OnLine database will be used. What Occupations qualify for the Diversity Visa Program?The Department of Labor (DOL) O*Net Online Database database groups job experience into five "job zones." While many occupations are listed on the DOL Website, only certain specified occupations qualify for the Diversity Visa Program. To qualify for a Diversity Visa on the basis of your work experience, you must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher. How Do I Find the Qualifying Occupations on the Department of Labor Website? Qualifying DV Occupations are shown on the Department of Labor O*Net Online Database. Follow these steps to find out if your occupation qualifies: Select "Find Occupations" and then select a specific "Job Family". For example, select Architecture and Engineering and click "GO". Then click on the link for the specific Occupation.Following the same example, click Aerospace Engineers. After selecting a specific Occupation link, select the tab "Job Zone" to find out the designated Job Zone number and Specific Vocational Preparation (SVP) rating range.
14. HOW WILL SUCCESSFUL ENTRANTS BE SELECTED?
At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the entrant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions.The Kentucky Consular Center will continue to process the case until those selected to be visa applicants are instructed to appear for visa interviews at a U.S. consular office, or until those qualifying to change status in the United States apply at a domestic USCIS office. Important Note: Notifications to those selected in the random lottery are not sent by email. Should you receive an email notification about your E-DV selection, be aware that the message is not legitimate.
15. MAY SELECTEES ADJUST THEIR STATUS WITH USCIS?
Yes, provided they are otherwise eligible to adjust status under the terms of Section 245 of the INA, selected individuals who are physically present in the United States may apply to the USCIS for adjustment of status to permanent resident. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2009, since on that date registrations for the DV-2009 program expire. No visa numbers for the DV-2009 program will be available after midnight EST on September 30, 2009 under any circumstances.
Photograph requirement for EDV lottery
You will need to provide a photograph of each person included in the application.
Your submission will be automatically rejected and you will be notified if your photograph is not in the following format:
The image must be in the Joint Photographic Experts Group (JPEG) format.
The image must be either in color or grayscale; monochrome images (2-bit color depth) will not be accepted.
If a new digital photograph is taken, it must have a resolution of 320 pixels high by 240 pixels wide, and a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
If a photographic print is scanned, the print must be 2 inches by 2 inches (50mm x 50mm) square. It must be scanned at a resolution of 150 dots per inch (dpi) and with a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
The maximum image size accepted will be sixty-two thousand five hundred (62,500) bytes.
DV 2009 Photo Specifications:
Your submission will be automatically rejected and you will be notified if your photograph is not in the following format:
The image must be in the Joint Photographic Experts Group (JPEG) format.
The image must be either in color or grayscale; monochrome images (2-bit color depth) will not be accepted.
If a new digital photograph is taken, it must have a resolution of 320 pixels high by 240 pixels wide, and a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
If a photographic print is scanned, the print must be 2 inches by 2 inches (50mm x 50mm) square. It must be scanned at a resolution of 150 dots per inch (dpi) and with a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
The maximum image size accepted will be sixty-two thousand five hundred (62,500) bytes.
DV 2009 Photo Specifications:
If photos do not conform to the following specifications, the entry will be disqualified:
The Applicant, spouse, or child must be directly facing the camera; the head of the person being photographed should not be tilted up, down or to the side, and should cover about 50% of the area of the photo.
The photo should be taken with the person being photographed in front of a neutral, light-colored background. Photos taken with very dark or patterned, busy backgrounds will not be accepted.
Photos in which the face of the person being photographed is not in focus will not be accepted.
Photos in which the person being photographed is wearing sunglasses or other paraphernalia which detracts from the face will not be accepted.
Photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Photos of applicants with tribal or other headgear not specifically religious in nature is not acceptable. Photos of military, airline or other personnel wearing hats will not be accepted.
Photos may be either color or black and white.
The Applicant, spouse, or child must be directly facing the camera; the head of the person being photographed should not be tilted up, down or to the side, and should cover about 50% of the area of the photo.
The photo should be taken with the person being photographed in front of a neutral, light-colored background. Photos taken with very dark or patterned, busy backgrounds will not be accepted.
Photos in which the face of the person being photographed is not in focus will not be accepted.
Photos in which the person being photographed is wearing sunglasses or other paraphernalia which detracts from the face will not be accepted.
Photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Photos of applicants with tribal or other headgear not specifically religious in nature is not acceptable. Photos of military, airline or other personnel wearing hats will not be accepted.
Photos may be either color or black and white.
Employment based Green Cards for Nepali
There are two ways to obtain a so-called US Green Card (permanent residence). One way is through a family member. The other way is to obtain an employment-based Green Card (you can also try for the annual Green Card diversity lottery).
This section discusses three types of Employment-based Green Cards.
EB-1 These visas are designed for certain multinational executives and managers; outstanding professors and researchers; and those who have extraordinary ability in the sciences, arts, education, business or athletics
EB-2 This category is for foreign nationals professionals with an 'advanced degrees' (masters degree or higher) and with a job offer from a U.S. company; for foreign nationals with 'exceptional ability' in the sciences, business or arts and with a job offer from a U.S. company; and for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest
EB-3 This category is for 'professional workers' with a U.S. bachelor's or foreign equivalent degree and with a job offer from a U.S. company; for 'skilled workers' for positions that require at least two years of training or experience and with a job offer from a U.S. company; for 'unskilled workers' for positions that require less than two years training or experience and with a job offer from a U.S. company
This section discusses three types of Employment-based Green Cards.
EB-1 These visas are designed for certain multinational executives and managers; outstanding professors and researchers; and those who have extraordinary ability in the sciences, arts, education, business or athletics
EB-2 This category is for foreign nationals professionals with an 'advanced degrees' (masters degree or higher) and with a job offer from a U.S. company; for foreign nationals with 'exceptional ability' in the sciences, business or arts and with a job offer from a U.S. company; and for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest
EB-3 This category is for 'professional workers' with a U.S. bachelor's or foreign equivalent degree and with a job offer from a U.S. company; for 'skilled workers' for positions that require at least two years of training or experience and with a job offer from a U.S. company; for 'unskilled workers' for positions that require less than two years training or experience and with a job offer from a U.S. company
Family based Visas for Nepal
Helping a family member, whether it is your spouse, fiancé(e), child, parent or brother or sister, become a permanent resident of the US, follows roughly the same procedure as outlined below. It may seem straightforward, but there are many nuances in each type of family-based visa. Please read our site carefully, and if you have any questions, please contact us for more information on family based immigration to the US.
First, the US Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition (I-130) for you. The US citizen relative fills this out on behalf of the foreign-born relative. It must be accompanied by proof of the relationship and the other required documentation in order to begin the family based immigration process.
Second, the Department of State must determine if an immigrant visa number is available for the foreign national, according to the category of visa applied for, even if that person already lives in the United States.
The third step in family based immigration, if the foreign relative is already in the United States, he or she should apply to change his or her status to that of a lawful permanent resident after a visa number becomes available. This is one way to secure an immigrant visa number. You can adjust your status, commonly known as AOS, by submitting a form I-485 along with other required documentation, such as the results of medical examinations, police certificates, etc. I-485s are considered by the USCIS directly. In this case, principal applicants, both petitioner and beneficiary should submit their applications together (I-130 + I-485 + required documentation) through the local office rather than regional one.
If you are outside the United States when an immigrant visa number becomes available, the foreign relative must go to the U.S. consulate to complete the processing. This is the other way in which you can apply to secure an immigrant visa number for US family based immigration. If a beneficiary is based outside the United States, then his / her documents are considered by the National Visa Center (NVC) before his / her case is being sent to the US Consulate for further processing.NVC reviews the documentation and completes the required administrative processing, such as checking backgrounds and so on.
First, the US Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition (I-130) for you. The US citizen relative fills this out on behalf of the foreign-born relative. It must be accompanied by proof of the relationship and the other required documentation in order to begin the family based immigration process.
Second, the Department of State must determine if an immigrant visa number is available for the foreign national, according to the category of visa applied for, even if that person already lives in the United States.
The third step in family based immigration, if the foreign relative is already in the United States, he or she should apply to change his or her status to that of a lawful permanent resident after a visa number becomes available. This is one way to secure an immigrant visa number. You can adjust your status, commonly known as AOS, by submitting a form I-485 along with other required documentation, such as the results of medical examinations, police certificates, etc. I-485s are considered by the USCIS directly. In this case, principal applicants, both petitioner and beneficiary should submit their applications together (I-130 + I-485 + required documentation) through the local office rather than regional one.
If you are outside the United States when an immigrant visa number becomes available, the foreign relative must go to the U.S. consulate to complete the processing. This is the other way in which you can apply to secure an immigrant visa number for US family based immigration. If a beneficiary is based outside the United States, then his / her documents are considered by the National Visa Center (NVC) before his / her case is being sent to the US Consulate for further processing.NVC reviews the documentation and completes the required administrative processing, such as checking backgrounds and so on.
US Green Card Lottery 55,000 this year
Each year, 55,000 United States permanent resident visas are given away to citizens of countries with low immigration rates into the U.S. through a lottery process. If, after a random selection process, you receive a permanent resident visa through the DV-2010 (Green Card) Lottery, you can live and work permanently in the United States. You can also bring your spouse and any unmarried children under the age of 21.
The United States Department of State, Bureau of Consular Affairs Electronic Diversity Visa Lottery for 2011 (DV-2011 Lottery) will begin at 12:00pm, EDT, 2 October 2009 and end at 12:00pm EST, 01 December 2009.
The United States Department of State, Bureau of Consular Affairs Electronic Diversity Visa Lottery for 2011 (DV-2011 Lottery) will begin at 12:00pm, EDT, 2 October 2009 and end at 12:00pm EST, 01 December 2009.
Ineligible Countries
Each year, citizens of nations with large numbers of citizens immigrating to the United States are not eligible for the Green Card Lottery. For the DV-2010 Green Card Lottery, citizens of the following countries will not be eligible:
Brazil
Canada
China
Colombia
Dominican Republic
Ecuador
El Salvador
Guatemala
Haiti
India
Jamaica
Mexico
Pakistan
Philippines
Peru
Poland
South Korea
United Kingdom (except Northern Ireland) and its dependent territories
Vietnam
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
How does EDV Lottery Works
This official program will make permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. Applicants for Diversity Visa are chosen by a computer-generated random lottery drawing. The U.S. government makes available 50,000 permanent residence visas each year for this program. Application to this program is open for all individuals worldwide that fulfill the two basic entry requirements. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.
How to Apply EDV lottery from Nepal
You must submit a green card application electronically using the Electronic Diversity Visa Entry Form. You can no longer submit the entry by post.
You can only submit one application per person. If more than one application is received for any reason it will be automatically disqualified.
The US Department of State will send DV lottery entrants an electronic confirmation notice to you or your representative once the green card application is received.
You must submit recent individual photographs of all family members including your spouse and each child under 21 years of age. You should include all step children and legally adopted children. This must also be submitted electronically for the DV lottery.
You will need to produce the photographs using a digital camera or a scanned image of a photographic print. You can only submit scanned images.
You can only submit one application per person. If more than one application is received for any reason it will be automatically disqualified.
The US Department of State will send DV lottery entrants an electronic confirmation notice to you or your representative once the green card application is received.
You must submit recent individual photographs of all family members including your spouse and each child under 21 years of age. You should include all step children and legally adopted children. This must also be submitted electronically for the DV lottery.
You will need to produce the photographs using a digital camera or a scanned image of a photographic print. You can only submit scanned images.
Subscribe to:
Comments (Atom)