To apply for a workers visa, a prospective employer must first file a petition with the United States Citizenship and Immigration services (USCIS) and it will have to be approved. After that those who wish to apply for the visa will have to continue as instructed. The first step is to complete and submit their Online Non-immigrant Visa Application along with their photograph. Once the application has been submitted, print the confirmation page and bring it to the interview. The second step is to schedule said interview at U.S. Embassy or Consulate in the country of the applicant’s residence. An interview may be scheduled at any U.S. Embassy/Consulate, but it is considerably more difficult to qualify for a work visa outside of the applicant country of residence. The application should be made as soon as possible because there are varying wait times for interviews. The receipt number on the Petition for a Non-immigrant Worker form will be requested to schedule the interview. Once the interview is scheduled, the next step is to prepare for the interview as best as possible, as soon as possible. Gather the required documentation. This would include the printed confirmation page from the online application from earlier, as well as a photo if they were unable to upload the photograph with the application. The receipt number from the Petition for a Non-immigrant Worker form will also be needed, as well as a passport that must be valid for at least six months beyond the applicant’s period of stay in the United States. A fee may be charged before the interview, if the payment is made, bring the receipt to the interview. Visa applicants should read the Legal Rights and Protections pamphlet to learn about your rights in the United States and protection available. Additional documentation may also be require. An example being proof of having compelling ties to the applicants home country to demonstrate that they have the intent of coming home after their temporary stay in the United States. When the the time comes, the applicant will attend their interview at the U.S Embassy/ Consulate.
During the visa interview, a consular officer will determine whether the applicant is qualified to receive a visa, and if so, which category of visa would be appropriate based on their purpose of travel. The applicant will need to establish that they meet the requirements under U.S. law to receive the category of visa for which they are applying. Digital fingerprint scans will be taken as part of your application process. After the visa interview, the application may require further administrative processing. The applicant will be informed by the consular officer if further processing is necessary for their application. When the visa is approved, they may pay a visa issuance fee if applicable to the applicant’s nationality, and will be informed how their passport with visa will be returned. Review the visa processing time, to learn how soon the passport with visa will generally be ready for pick-up or delivery by the courier. The long awaited last step has finally arrived when entering the United States. A visa allows a foreign citizen to travel to a U.S. airport and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the airport have authority to permit or deny admission to the United States. If allow allow the applicant to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Extensive research about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted and prohibited goods, and more would help by reviewing the CBP website. The applicant must depart from the United States on or before the date indicated by the admission stamp or paper Form I-94. If the applicant would wish to extend their stay in the United States, they must request to extend their stay to the USCIS. And if the USCIS approves, the applicant will receive a later departure date. Failure to depart the United States on time will result in the applicant being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided. If the visa in question was a multiple-entry visa and it was voided due to you being out of status, the visa will not be valid for future entries into the United States. Failure to depart the United States on time may also result in the applicant being ineligible for visas that they may have been applicable in the future. For future warnings, the approval of a petition does not guarantee that the applicant will be issued a visa. It is in the applicants best interest to not make any final travel plans or buy tickets until they have a visa.
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- A recent decision from the Fourth Circuit Court of Appeals - July 23, 2020