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US VISA AND IMMIGRATION OVERVIEW

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

There are two categories of U.S. visas: Immigrant and Nonimmigrant.

Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work or study. Immigrant visas are for people who intend to live permanently in the U.S.


Nonimmigrant US Visa

Tourist Visa

One common US Visa applied is the "visitor" visa. It for people desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2). As examples, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, then a visitor visa (B-2) would be the appropriate type of visa for your travel. As additional examples, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business (B-1) visitor visa would be the appropriate type of visa for your travel. Some use these visa as an opportunity pass to take exams and seek US Employers

H-1B Visa

Another type of a nonimmigrant US Visa is the H-1B classification This applies to people in a specialty occupations such as such as engineers, teachers, computer programmers, medical doctors, and physical therapists. In 1999, the United States experienced a shortage of nurses and created the H-1C nurse visa classification. The program was authorized by the United States Congress through the Nursing Relief for Disadvantaged Area Act of 1999. However, the H-1C visa classification expired on June 13, 2005. There is currently no specific nurse visa available in the United States. However, H-1B Visa conforms foreign individuals wishing to work as registered nurses in the United States.

Immigrant Visa

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law.

The Department of Labor has made a schedule of occupations for which it delegates authority to USCIS to approve labor certifications. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts). To apply for Schedule A designation, the employer must submit a completed, uncertified Form ETA-750 in duplicate to USCIS along with the I-140 petition.